[HISTORY: Adopted by the Town Board of the Town of Hartford 7-12-2016 by Ord. No. 1-2016. Amendments noted where applicable.]
This chapter is adopted pursuant to the authority granted to
the Town of Hartford in Articles 2 and 3 of the Municipal Home Rule
Law and § 130 of Article 9 of the New York State Town Law.
A.
It is the purpose of this chapter to promote the health, safety and
general welfare of the inhabitants of the Town of Hartford by establishing
specific minimum requirements and regulations governing the location,
use, and maintenance of solar arrays within the Town of Hartford.
B.
Solar energy is a renewable and nonpolluting energy resource that
can prevent fossil fuel emissions and reduce a municipality's
energy load. Energy generated from solar energy systems can be used
to offset energy demand on the grid when excess solar power is generated.
C.
The Town of Hartford is also committed to preserving the future of
agriculture in the community as stated in the Town Agriculture and
Farmland Protection Plan. This chapter is adopted to ensure that the
land base and most productive agricultural soils remain as agricultural
and available to be farmed by future generations.
D.
The purpose of this legislation is to balance the potential impact
on agriculture and neighbors when solar collectors may be installed
near their property while preserving the rights of property owners
to install solar collection systems without excess regulation. The
intent is to allow small-scale, building-integrated photovoltaic (BIPV)
systems, flush-mounted solar systems, roof-mounted and building-mounted
and pole-mounted solar installations that have a minimum footprint
(height) to be approved using the building permit process while requiring
solar energy system installations rated for an electrical output of
over 12 kilowatts to go through the site plan review process before
the Planning Board. This legislation is not intended to override agricultural
exemptions that are currently in place for farmers.
E.
The use of solar energy equipment for the purpose of providing electricity
and for heating and/or cooling is a priority of New York State and
is a necessary component of the Town of Hartford's current and
long-term plans while protecting the Town of Hartford's farmland.
As used in this chapter, the following terms shall have the
meanings indicated:
Structure, equipment devices or construction techniques for
the production of heat, light, cooling, electricity or other forms
of energy on site and may be attached to or separate from the principal
structure.
A solar energy system that consists of integrating photovoltaic
modules into the building structure such as the roof or the facade
and which does not alter relief of the roof.
Solar installation owned collectively through a subdivision
homeowner association, college student groups, "adopt-a-solar-panel,"
or other similar arrangements.
Photovoltaic panels and tiles that are installed flush to
the surface of a roof or wall and which cannot be angled or raised.
A solar energy system that is directly installed on the ground
and is not attached or affixed to an existing structure.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the grid so that they only pay for their net electricity usage.
The Town of Hartford authority charged with granting permits
for the installation of alternative energy systems.
A solar energy system that produces electricity by the use
of semiconductor devices, called photovoltaic cells, which generate
electricity when light strikes them.
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition. Persons
who are not on NYSERDA's or NABCEP's list of certified installers
may still be deemed to be qualified solar installers if the Town of
Hartford determines such persons to have had adequate training to
determine the degree and extent of the hazard and the personal protective
equipment and job planning necessary to perform the installation safely.
Such training shall include the proper use of special precautionary
techniques and personal protective equipment, as well as the skills
and techniques necessary to distinguish exposed energized parts from
other parts of electrical equipment and to determine the nominal voltage
of the exposed parts.
The maximum rated output of electric power production of
the solar collector in watts of direct current (DC).
A solar system in which solar panels are mounted on top of
the structure of a roof either as a flush-mounted system or as modules
fixed to frames which can be tilted toward the south at an optimal
angle.
Space open to the sun and clear of overhangs or shade, including
the orientation of the streets and lots to the sun so as to permit
the use of active and/or passive solar energy systems on individual
properties.
A solar photovoltaic cell, panel or array, or any solar hot
air or solar energy collector which relies upon solar radiation as
an energy source for the generation of electricity or transfer of
stored energy to heat, air or water.
An easement recorded pursuant to the New York Real Property
Law § 335-b, the purpose of which is to secure the right
to receive sunlight across real property of another for continued
access to sunlight necessary to operate a solar collector.
Solar collectors, controls, energy storage devices, heat
pumps, heat exchangers, and other materials, hardware or equipment
necessary to the process by which solar radiation is collected and
converted into another form of energy and is stored, protected from
unnecessary dissipation and distributed. Solar systems include solar
thermal, photovoltaic and concentrated solar.
A solar energy system whose primary purpose is to harvest
energy by transforming solar energy into another form of energy or
transferring heat from a collector to another medium using mechanical,
electrical, or chemical means.
A solar energy system having a rated nameplate capacity of
12 kW DC or less.
A solar energy system having a rated nameplate capacity of
greater than 12 kW DC.
A device for the direct conversion of solar energy into electricity.
A device that stores energy from the sun and makes it available
in an electrical form.
Solar thermal systems 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 heating pool water.
The requirements of this chapter shall apply to all solar energy
system installations modified or installed after the effective date
of this chapter.
A.
All applications for large-scale solar energy systems shall be designed
as follows:
(1)
The solar energy system shall be designed by a licensed engineer
and contain site-specific building plans which bear the seal and signature
of a licensed engineer and satisfy the permitting requirements contained
in this chapter.
(2)
Building permits are required for all solar energy systems in accordance
with the New York State Uniform Building Code.
(3)
Freestanding ground-mounted systems shall not exceed 20 feet in total
height from the existing grade.
(4)
Solar collectors shall be set back at least 100 feet from the highway
and 25 feet from all side and rear lot lines.
(5)
The Town encourages installations that would employ landscape screening
and other methods of enhancing the appeal of the ground-mounted and
freestanding solar collector such as the use of architectural features,
earth berms, or other screening which will harmonize with the character
of the property and surrounding area.
B.
Exemptions.
(1)
Small-scale solar energy systems shall be exempt from the requirements
of this chapter.
(2)
Large-scale solar energy systems that do not exceed 110% of a farm
operation which otherwise meets the requirements of the New York State
Agriculture and Markets Law shall be exempt from the requirements
of this chapter.
All large-scale solar energy systems shall undergo site plan review in accordance with Chapter 105 of the Code of the Town of Hartford, prior to construction, installation or modification as provided in this chapter.
A.
Site plan document requirements. In addition to the site plan review process contained in Chapter 105 of the Code of the Town of Hartford, the applicant shall provide the following documents to the Town of Hartford Planning Board:
(1)
A site plan depicting the following:
(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, screening vegetation or
structures;
(c)
Blueprints or drawings of the solar energy system signed by
a professional engineer licensed to practice in New York State showing
the proposed layout of the system, any potential shading from nearby
structures or trees, the distance between the proposed solar collector
and all property lines and existing on-site buildings and structures,
and the tallest finished height of the solar collector;
(d)
One- or three-line electrical diagram detailing the solar photovoltaic
installation, associated components, and electrical interconnection
methods with all New York State building code compliance disconnects
and overcurrent devices;
(e)
Documentation of the major system components to be used, including
the panels, mounting system, and inverter;
(f)
Name, address, and contact information for proposed system installer;
(g)
Name, address, phone number and signature of the applicant,
as well as all coapplicants or property owners, if any;
(h)
The name, contact information and signature of any agents representing
the project applicant; and
(i)
Location of agricultural district, location of active farmland,
and soil type delineations, for the property and 500 feet adjoining
the property;
(j)
Locations of floodplains and wetlands.
(2)
Documentation of actual or prospective access and control of the
project site.
(3)
An operation and maintenance plan. Such plan shall describe continuing
photovoltaic maintenance and property upkeep such as mowing and trimming.
(4)
A decommissioning plan. To ensure the proper removal of large-scale
solar energy systems, a decommissioning plan shall be submitted as
part of the application. Compliance with this plan shall be made a
condition of the issuance of a special use permit under this section.
The decommissioning plan must specify that after the large scale solar
energy system can no longer be used, it shall be removed by the applicant
or any subsequent owner. 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.
The plan shall also include an expected timeline for execution. A
cost estimate detailing the projected cost of executing the decommissioning
plan shall be prepared by a professional engineer or contractor. Cost
estimations shall take into account inflation. Removal of large-scale
solar energy systems must be completed in accordance with the decommissioning
plan.
(5)
Financial surety. Applicant shall also provide an estimate, prepared
by a qualified engineer, setting forth the costs associated with decommissioning
the solar energy system as well as the manner in which the surety
will be held pending the final decommissioning and removal.
B.
Site plan review design and operation standards.
(1)
Site control. The applicant shall submit documentation of actual
or prospective access and control of the project site sufficient to
allow for construction and operation of the proposed solar energy
system.
(2)
Operation and maintenance plan. The applicant shall submit a plan
for the operation and maintenance of the solar energy system, which
shall include measures for maintaining safe access to the installation,
stormwater controls, as well as general procedures for operational
maintenance of the installation.
(3)
Utility notification. No solar energy system shall be installed until
evidence has been given to the Planning Board that the applicant has
submitted notification to the utility company of the customer's
intent to install an interconnected customer-owned generator. Off-grid
systems are exempt from this requirement.
(4)
Emergency services. The large scale solar energy system owner or
operator shall provide a copy of the project summary, electrical schematic,
and site plan to the local fire chief. Upon request, the owner or
operator shall cooperate with local emergency services in developing
an emergency response plan. All means of shutting down the solar energy
system shall be clearly marked. The owner or operator shall identify
a responsible person for public inquiries throughout the life of the
installation.
(5)
Land clearing, soil erosion and impacts. Clearing of natural vegetation
shall be limited to what is necessary for the construction, operation
and maintenance of solar energy system or otherwise prescribed by
applicable laws, and regulations.
C.
Abandonment or decommissioning.
(1)
Removal requirements.
(a)
Any large-scale solar energy system which has reached the end
of its useful life or has been abandoned consistent with this chapter
shall be removed. The owner or operator shall physically remove the
installation no more than 150 days after the date of discontinued
operations. The owner or operator shall notify the Enforcement Officer
by certified mail of the proposed date of discontinued operations
and plans for removal. Decommissioning shall consist of:
[1]
Physical removal of all solar energy systems, structures, equipment,
security barriers and transmission lines from the site.
[2]
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations.
[3]
Stabilization or revegetation of the site as necessary to minimize
erosion. The Planning Board may allow the owner or operator to leave
landscaping or designated below-grade foundations in order to minimize
erosion and disruption to vegetation.
(b)
Absent notice of a proposed date of decommissioning or written
notice of extenuating circumstances, the large-scale solar energy
system shall be considered abandoned when it fails to operate for
more than one year without the written consent of the Enforcement
Officer. If the owner or operator of the solar energy system fails
to remove the installation in accordance with the requirements of
this section within 150 days of abandonment or the proposed date of
decommissioning, the Town retains the right, after the receipt of
an appropriate court order, to enter and remove an abandoned, hazardous,
or decommissioned large-scale solar energy system. As a condition
of site plan approval, the applicant and landowner shall agree to
allow entry to remove an abandoned or decommissioned installation.
(2)
Decommissioning plan. If the large-scale solar energy system is not
decommissioned after being considered abandoned in accordance with
the decommissioning plan, the Town may remove the system, including
all mounting hardware, and restore the property and impose a lien
on the property to cover these costs to the municipality.
(3)
Estimate and financial surety. In addition to the decommissioning
plan, the applicant shall also provide an estimate, prepared by a
qualified engineer, setting forth the costs associated with decommissioning
the solar energy collectors. The Planning Board shall also establish
the amount of such surety to be established by the applicant prior
to the issuance of a building permit. The surety may be in the form
of escrowed funds, bonds or otherwise, so long as the surety remains
in place for the life of the solar energy system and available to
the Town to ensure the solar energy system is decommissioned in accordance
with the approved plan. It is the intention of this provision to ensure
that the Town has sufficient funds available to remove the installations
including all mounting hardware and restore landscaping consistent
with this chapter, in the event that the applicant fails to comply
with its decommissioning obligations.
The Town Board may, in its discretion, waive the requirements
of this chapter for a large-scale solar system that it believes is
harmonious with land uses in the area where it is proposed to be built
and where, because of its size or other considerations, the Town Board
believes that it does not need to be subjected to the special use
permit and site plan regulations imposed by this chapter. This waiver
may be a partial waiver, allowing the Town Board to require a large-scale
solar system to comply with individual requirements found in this
chapter.
The applicant shall be responsible to meet all additional state,
federal, local, county or other municipal laws or regulations which
may apply. The Enforcement Officer and the Town are only responsible
to enforce specific provisions of this chapter and are not responsible
for ensuring compliance with other applicable laws and regulations.
A.
Any person who commits an offense under this chapter or any section
or provision thereof is guilty of a violation and shall, upon conviction
thereof, be subject to a fine not to exceed $250 or imprisonment not
exceeding 15 days, or both.
B.
In the event of a continuing offense of any section or provision
of this chapter, each day such offense shall continue shall be a separate
violation and subject to a separate fine, imprisonment or combination
thereof.
C.
In addition to Subsections A and B above, the violation of any section or provision of this chapter shall subject the person violating the same to a civil penalty not to exceed $250, and when a violation of this chapter is continuous, each day shall constitute a separate and distinct violation, said penalty to be recovered by the Town of Hartford in a civil action.
D.
The application of the above penalty or penalties, or the prosecution
for the violation of the provisions of this chapter shall not be deemed
to prevent the revocation of any permit issued pursuant thereto, without
reimbursement of the fee paid therefor or the enforced removal of
conditions prohibited by this chapter. Said cost for enforced removal
of noncomplying conditions will be assessed against the owner.
E.
The penalties and remedies of the Town set forth in this section
are in addition to and not exclusive of other remedies found within
this chapter or the laws of the State of New York.
This chapter shall take effect 10 days after publication and
posting, or immediately upon personal service as provided by § 133
of the Town Law.
