[Added 11-4-2016 by L.L.
No. 2-2016]
A.
The purpose of this article is to balance the potential impact on
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 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 freestanding, ground-mounted or pole-mounted
solar energy system installations over a certain height and based
upon certain placement to go through the site plan review process
before the Planning Board. This article is not intended to override
agricultural exemptions that are currently in place for farmers.
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 use of solar energy equipment for the purpose of providing electricity
and for heating and/or cooling is a national priority and is a necessary
component of the Town of Fort Edward's current and long-term sustainability
agenda.
As used in this article, 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 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 Fort Edward 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, that 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
Fort Edward 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.
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 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.
A.
The requirements of this article shall apply to all solar collector
system installations modified or installed after the effective date
of this article.
C.
All applications for the installation of solar collector systems
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.
D.
All solar collector systems shall be designed, erected and installed
in accordance with all applicable codes, regulations and industry
standards as referenced in the State Building Code and Town of Fort
Edward Building Code.
A.
To the extent practicable, and in accordance with the Code of the
Town of Fort Edward, the accommodation of solar access to sunlight
for such equipment and the protection of access to sunlight for such
equipment shall be encouraged in the application of the various review
and approval provisions of the Town of Fort Edward.
B.
Rooftop and building-mounted solar collectors. Rooftop and building-mounted
solar collectors are permitted in all zoning districts in the Town
of Fort Edward subject to the following conditions:
(1)
Building permits shall be required for installation of all rooftop
and building-mounted solar collectors.
(2)
Height limitations contained in this chapter shall apply.
(3)
Rooftop units must have a one-foot setback on all four sides.
(4)
Roof structures must be properly engineered to support collectors.
(5)
Rooftop units must be installed according manufacturer's specifications.
C.
Building-integrated photovoltaic (BIPV) systems. BIPV systems are
permitted outright in all zoning districts.
D.
Ground-mounted racks and freestanding solar collectors. Ground-mounted
and freestanding solar collectors mounted on a pole are permitted
as accessory structures in all zoning districts of the Town of Fort
Edward, subject to the following conditions:
(1)
Building permits are required for all ground-mounted and freestanding
solar collectors.
(2)
The location of the solar collectors must meet all applicable
minimum yard size requirements for principal structures in the applicable
zoning district.
(3)
The unit should be installed in a side or rear yard with a twenty-foot
setback; where installed in the front yard, a one-hundred-foot setback
shall apply for all zoning districts.
(4)
Units shall not exceed 20 feet in total height from the existing
grade.
(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.
(6)
Small experimental solar panels for charging batteries (less
than one kilowatt) would not require any permits.
(7)
Solar collectors shall be located in a manner that reasonably
minimizes shading of property to the north while still providing adequate
solar access for collectors.
(8)
There is a permitted primary structure and use located on the
premises.
(9)
The solar collectors shall not exceed 40% of the total lot coverage.
E.
Ground-mounted racks and freestanding solar collectors. Ground-mounted
and freestanding solar collectors mounted on a pole are permitted
as a primary structure in all zoning districts of the Town of Fort
Edward, subject to the following conditions:
(1)
Building permits are required for all ground-mounted and freestanding
solar collectors.
(2)
The location of the solar collectors must meet all applicable
minimum yard size requirements for principal structures in the applicable
zoning district.
(3)
In commercial zones, the unit shall be setback at least 170
feet from the front property line.
(4)
In all other zones, the unit shall be setback at least 100 feet
from the front property line.
(5)
Units shall not exceed 20 feet in total height from the existing
grade.
(6)
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.
(7)
Small experimental solar panels for charging batteries (less
than one kilowatt) would not require any permits.
(8)
Solar collectors shall be located in a manner that reasonably
minimizes shading of property to the north while still providing adequate
solar access for collectors.
(9)
The solar collectors shall not exceed 40% of the total lot coverage.
(10)
All units within this subpart shall be subject to site plan review as described in Chapter 81 of the Town of Fort Edward Town Code. In addition to the requirements contained therein, the applicant shall also include the following:
(a)
A site plan depicting the following:
[1]
Property lines and physical features, including
roads, for the project site;
[2]
Proposed changes to the landscape of the site,
grading, vegetation clearing and planting, exterior lighting, screening
vegetation or structures;
[3]
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;
[4]
One or three line electrical diagram detailing
the solar photovoltaic installation, associated components, and electrical
interconnection methods with all NYS building code compliance disconnects
and overcurrent devices;
[5]
Documentation of the major system components to
be used, including the panels, mounting system, and inverter;
[6]
Name, address, and contact information for proposed
system installer;
[7]
Name, address, phone number and signature of the
applicant, as well as all co-applicants or property owners, if any;
[8]
The name, contact information and signature of
any agents representing the project applicant;
[9]
Location of agricultural district, location of
active farmland, and soil type delineations, for the property and
500 feet adjoining the property;
[10]
Locations of floodplains and wetlands.
(b)
Documentation of actual or prospective access and control of
the project site.
(c)
An operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep such as mowing
and trimming;
(d)
A decommissioning plan. To ensure the proper removal of 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 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 solar energy systems
must be completed in accordance with the decommissioning plan; and
(e)
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.
F.
Solar-thermal systems. Solar-thermal systems are permitted in all
zoning districts subject to the following condition:
(1)
Building permits are required for installation of all solar-thermal
systems.
G.
Solar energy systems and equipment shall be issued building permits
only if the Town of Fort Edward Code Enforcement Officer is provided
with engineered stamped plans and determines that the proposed solar
energy system does not present any unreasonable safety risks, including,
but not limited to, the following:
H.
At the time that a person submits an application for site plan review for a ground-mounted rack or freestanding solar collector as a primary structure or for a building permit required for any other solar energy equipment/system, such person shall pay an application fee in the amount adopted by the Town Board pursuant to Town Code § 50-1 and listed on the Fee Schedule.
[Added 4-12-2021 by L.L. No. 2-2021]
A.
All solar collector installations must be performed by a qualified
solar installer.
B.
Prior to operation, electrical connections must be inspected by the
Code Enforcement Officer/Building Inspector and by an electrical inspection
person or agency in conformance with State Building Code.
C.
Any connection to the public utility grid must be inspected by the
appropriate public utility.
D.
Solar energy systems shall be maintained in good working order and
shall be removed if not in use for more than 12 months by removal
of such system and mounting hardware within 90 days after the 12th
month and decommissioned in accordance with this chapter.
E.
Rooftop and building-mounted solar collectors shall be designed to
be and installed to be in conformance with the New York Uniform Fire
Prevention and Building Code Standards that are applicable when the
building permit is issued.
F.
If solar storage batteries are included as part of the solar collector
system, they must be placed in a secure container or enclosure meeting
the requirements of the New York State Building Code when in use.
When they are no longer in use, they shall be disposed of in accordance
with the laws of New York and Code and local laws of the Town of Fort
Edward and any other applicable laws or regulations.
A.
Removal requirements.
(1)
Any solar energy systems which has reached the end of its useful
life or which 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:
(a)
Physical removal of all solar energy systems, structures, equipment,
security barriers and transmission lines from the site.
(b)
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations.
(c)
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.
(2)
Absent notice of a proposed date of decommissioning or written
notice of extenuating circumstances, the 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 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.
B.
Decommissioning plan. If the 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.
C.
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 the applicant fails to comply with
its decommissioning obligations.
Any person aggrieved over any order, requirement, decision or
determination by an administrative agency pursuant to the provisions
of this article may present an appeal for redress to the Board of
Appeals in accordance with the provisions of § 267, Subdivision
2, of the Town Law and this article.
This article is hereby adopted pursuant to the provisions of
§ 10 of the Municipal Home Rule Law and §§ 264
and 265 of the Town Law.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
This article shall take effect immediately after filing with
the New York State Secretary of State.
