[HISTORY: Adopted by the Town Board of the Town of Stillwater 11-18-2018 by L.L. No. 6-2018.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 81.
Noise — See Ch. 141.
Stormwater managment — See Ch. 174.
Zoning — See Ch. 210.
[1]
Editor's Note: This local law superseded former Ch. 170, Solar
energy Equipment and Systems, adopted 5-18-2017 by L.L. No. 1-2017.
A.Â
Solar energy is a renewable and nonpolluting energy resource that
can lessen 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 power is generated.
B.Â
The use of solar energy equipment for the purpose of providing electricity
and for heating and/or cooling is a national and state priority and
is a necessary component of the Town of Stillwater's current
and long-term sustainability agenda.
C.Â
The purpose of this chapter is to balance the potential impact on
neighbors when solar energy equipment systems 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, and roof-mounted, 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 polemounted solar energy system installations over a certain height
and based upon certain placement to go through a site plan review
and a special use permit process before the Planning Board with input
from abutting property owners. This chapter is not intended to override
agricultural exemptions that are currently in place for farmers.
As used in this chapter, the following terms shall have the
meanings indicated:
A structure subordinate and clearly incidental to the principal
building on the same lot and used for a purpose customarily incidental
to that of the principal building.
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 the relief of the roof or the facade. Any
photovoltaic module that projects any figure or form from the flat
background of the roof or facade shall be considered to alter the
relief of the roof or facade.
Solar installation owned collectively through a subdivision
homeowners' 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.
This shall also include solar shingles.
A solar energy system that is directly installed on the ground,
including in an array, and is not attached or affixed to an existing
structure.
A yard that extends the full width of the lot and is situated
between the adjacent highway right-of-way or shoreline and the front
line of the building or structure, projected to the side lines of
the lot. The depth of the front yard shall be measured between the
front line of the building or structure and the highway right-of-way
line or shoreline. Covered porches or canopies and decks, whether
or not enclosed, shall be considered as part of the main building
and shall not project into a required front yard.
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 Stillwater 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 specialized skills and knowledge related
to the construction, installation, operation and repair of solar electrical
equipment 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/repairers 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 Stillwater determines such persons to have had adequate
training to determine the degree and extent of the hazard and have
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 sun at an optimal angle.
The required minimum distance from a front lot line, side
lot line or rear lot line of a parcel where solar energy equipment
or a system is installed.
Refers to photovoltaic systems of 100 square feet of surface
area or less that produce up to 10 kilowatts (kW) per hour of energy
or solar thermal systems which serve only the building to which they
are attached and do not provide energy, heat or hot water for any
other buildings.
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 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 at least 1 kW per hour of electricity
or transfer of stored energy to heat, air, water or solar hot water.
An easement recorded pursuant to 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 energy equipment systems, controls, energy storage
devices, heat pumps, heat exchangers, panels, inverters, transformers,
transmission lines with poles, mounts, electrical wiring 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.
An energy-generation facility or area of land principally
used to convert solar energy to electricity, whether by photovoltaics,
concentrating solar thermal devices, solar energy equipment/systems
or various experimental solar technologies, with the primary purpose
of wholesale or retail sales of electricity.
A device for the direct conversion of solar energy into electricity,
heat or hot water.
A device that stores energy from the sun and makes it available
in an electrical form.
Solar thermal systems directly heat water or other liquids
using sunlight. The heated liquid is used for purposes such as space
heating and cooling, domestic hot water, and heating pool water.
Any object constructed, installed or permanently placed on
land to facilitate land use and development, including, but not limited
to, buildings, sheds, solar energy equipment or systems, and any fixtures,
additions and alterations thereto.
All applicable codes, regulations and industry standards
as referenced in the International Property Maintenance Code, the
International Building Code, the New York State Uniform Fire Prevention
and Building Code and the Town Code of the Town of Stillwater, as
amended from time to time.
A.Â
The requirements of this chapter shall apply to all solar energy
equipment or system installations modified or installed after the
effective date of this chapter.
B.Â
For purposes of this chapter, solar energy equipment shall include
solar thermal systems.
C.Â
Solar energy equipment or system installations for which a valid
building permit has been properly issued, and for which installation
has commenced before the effective date of this chapter, shall not
be required to meet the requirements of this chapter for their initial
installation.
D.Â
All solar energy equipment or systems shall be designed, erected,
installed, modified, repaired and maintained and installed in accordance
with all applicable codes, regulations and industry standards as referenced
in the International Property Maintenance Code, the New York State
Uniform Fire Prevention and Building Code and the International Building
Code and the Town of Stillwater Town Code, as amended from time to
time ("uniform codes").
E.Â
Solar energy equipment/systems, unless part of a solar farm or solar
power plant that obtains a special use permit, shall be permitted
only to provide power for use by owners, lessees, tenants, residents,
or other occupants of the premises on which they are erected, but
nothing contained in this provision shall be construed to prohibit
collective solar installations or the sale of excess power through
a net billing or net metering arrangement in accordance with New York
Public Service Law § 66-j or similar state or federal law
or regulation.
A.Â
No small-scale solar energy system or device shall be installed or
operated in the Town except in compliance with this chapter.
B.Â
Rooftop and building-mounted solar energy equipment/systems. Rooftop
and building-mounted solar energy equipment/systems are permitted
in all zoning districts in the Town of Stillwater subject to the following
conditions:
(1)Â
Special use permits, site plan review or building permits shall be
required for installation of all rooftop and building-mounted solar
energy equipment systems. A building permit will be required for all
residential roof-mounted equipment. Roof-mounted equipment on commercial
structures shall be reviewed as part of the site plan review process.
(2)Â
Rooftop and building-mounted solar energy equipment/systems shall
not exceed the maximum allowed height of the principal use in any
zoning district.
(3)Â
Rooftop equipment must have a three-foot setback from the edge of
the roof on all four sides. Equipment on roofs with hips and valleys
shall not be located less than 18 inches from a hip or a valley where
panels or modules are to be placed on both sides of a hip or a valley.
(4)Â
Rooftop structures must be properly engineered to support collectors.
(5)Â
Rooftop units must be installed according to manufacturer's
specifications.
(6)Â
Panels and modules shall not be located less than three feet below
the roof ridge.
C.Â
Firesafety and emergency access.
(1)Â
In order to ensure firefighter and other emergency responder safety,
except in the case of accessory buildings under 1,000 square feet
in area, there shall be a minimum perimeter area around the edge of
the roof and structurally supported pathways to provide space on the
roof for walking around all rooftop and building-mounted solar energy
equipment/systems. Additionally, installations shall provide for adequate
access and spacing in order to:
(2)Â
Exceptions to these requirements may be requested from the Code Enforcement
Officer where access, pathway or ventilation concerns are reduced
due to:
(a)Â
Unique site-specific limitations;
(b)Â
Alternative access opportunities (as from adjoining roofs);
(c)Â
Ground-level access to the roof area in question;
(d)Â
Other adequate ventilation opportunities when approved by the
Code Enforcement Officer;
(e)Â
Adequate ventilation is afforded by panel setback from other
rooftop equipment (for example: shading or structural constraints
may leave significant areas open for ventilation near HVAC equipment.);
(f)Â
Automatic ventilation devices; or
(g)Â
New technology, methods, or other innovations that otherwise
ensure adequate emergency responder access, pathways and ventilation
exists.
D.Â
Ground-mounted racks and freestanding solar energy equipment systems.
(1)Â
Ground-mounted and freestanding solar energy systems mounted on a
pole are permitted as accessory structures in all zoning districts
of the Town of Stillwater, subject to the following conditions:
(a)Â
Special use permits, site plan review or building permits are
required for all ground-mounted and freestanding solar energy systems.
(b)Â
A minimum lot size of 1.00 acre is required for all residential
uses.
(c)Â
A maximum total surface area of freestanding or ground-mounted
solar energy systems shall not exceed the square footage of the building
footprint of the primary structure on the lot, excluding decks, patios,
balconies, screened or open porches, and attached garages. Nonresidential
placements exceeding this size may be considered, subject to special
use permit review by the Planning Board.
(d)Â
The area beneath the ground-mounted or freestanding solar energy
system shall be considered in calculating whether the lot meets the
maximum permitted lot coverage for that district and shall be considered
impervious area for reasons of stormwater management.
(e)Â
The location of the solar energy systems must meet all applicable
setback requirements for accessory structures in the applicable zoning
district.
(f)Â
The collector and system must be installed in a side or rear
yard.
(g)Â
Equipment, wires or poles shall not exceed 10 feet in height
from the ground for any uses.
(3)Â
The Town encourages installations that would employ landscape screening
and other methods of enhancing the appeal of the ground-mounted and
freestanding solar energy equipment/system such as the use of architectural
features, earth berms, or other screening which will harmonize with
the character of the property and surrounding area.
E.Â
Safety risks.
(1)Â
In addition to the above requirements in this chapter, solar energy
systems and equipment shall be issued building permits only if the
Town of Stillwater Code Enforcement Officer determines that the proposed
solar energy system does not present any unreasonable safety risks,
including, but not limited to, the following:
(2)Â
These items must be certified by a certified engineer and submitted
in a report as part of the building permit application.
F.Â
As-built drawings will be required prior to issuance of a certificate
of compliance by the Town Code Enforcement Officer.
G.Â
Action upon discontinuance of use; removal.
(1)Â
Where a special use permit and/or site plan is required for solar
energy equipment, solar thermal systems, farms and plants, they are
required to be renewed every five years for a maximum permitted life
of 20 years. If any solar energy equipment has not been in operation
for a period of four months, the equipment, system, farm or plant
shall be decommissioned as provided herein.
(2)Â
An annual operating permit shall be required for all solar farms
and solar power plants.
(3)Â
The applicant shall submit to the Planning Board a letter of intent committing the landowner, and his/her successors in interest, to notify the Director of Building and Planning within 30 days of the discontinuance of use of the solar energy equipment. This letter shall be filed with the Director of Building and Planning prior to issuance of a building permit (assuming the solar energy equipment tower is approved according to this chapter). Inoperative or unused solar energy equipment and accessory structures shall be removed from any site within four months of such notification. Failure to notify and/or to remove the inoperative or unused solar energy equipment in accordance with these regulations shall be a violation of this chapter and shall be punishable according to Article XVIII of the Town of Stillwater Zoning Code (Chapter 210 of the Town Code). The Planning Board shall also require the submission of a letter of credit guaranteeing the removal of said equipment. To determine the LOC amount, the applicant must submit an estimate on a qualified contractor's letterhead of the cost to remove the proposed equipment and remediate any potential residuals on the property at the current rate. The Department of Building, Planning, and Development will review the estimate and approve, disapprove, or approve with revisions. The letter of credit amount shall be increased by 10% at each five-year renewal, to be used in the event that the property owner fails to remove the solar energy equipment within four months of it becoming inoperative or unused.
A.Â
Location. Solar farms and solar power plants shall be permitted in
the Business Park District (BP), Industrial District (ID), Route 67
Business Overlay District, or in an Alternative Energy Overlay District
to be created for all areas south of Route 76 and west of Route 75,
as an electric-generating use subject to a special use permit and
site plan review by the Planning Board, subject to the following supplementary
regulations.
B.Â
Fencing. The solar farm and any accessory structures shall be adequately
enclosed by an eight-foot fence, the design of which shall be approved
by the Planning Board. This requirement may be waived by the Planning
Board if the applicant demonstrates that such measures are unnecessary
to ensure the security of the facility.
C.Â
The manufacturer's or installer's identification and appropriate
warning signage shall be posted at the entrance to the site and made
clearly visible.
D.Â
Solar farm and solar power plant buildings, equipment and accessory
structures shall, to the extent reasonably possible, use materials,
colors, and textures that will blend the facility into the existing
environment.
E.Â
Landscaping and screening.
(1)Â
Appropriate landscaping and/or screening materials shall be required
at the discretion of the Planning Board to help screen the solar power
plant, equipment and accessory structures from major roads and neighboring
residences or important viewsheds.
F.Â
The average height of the solar panel arrays shall not exceed 12
feet from the ground at their maximum height.
G.Â
Solar farm and solar power plant panels and equipment shall be surfaced,
designed and sited so as not to reflect glare onto adjacent properties
and roadways.
H.Â
On-site power lines shall be placed underground.
I.Â
No solar energy structure or equipment/system shall be constructed
unless each piece of equipment, along with its dimensions and locations,
is accurately depicted on the approved site plan.
J.Â
Action upon discontinuance of use; removal.
(1)Â
Where a special use permit and/or site plan is required for solar
energy equipment, solar thermal systems, farms and plants, they are
required to be renewed every five years for a maximum permitted life
of 20 years; or at such time as the equipment has not been in operation
for a period of four months, the equipment, system, farm or plant
shall be decommissioned as provided herein.
(2)Â
The applicant shall submit to the Board a letter of intent committing the landowner, and his/her successors in interest, to notify the Director of Building and Planning within 30 days of the discontinuance of use of the solar energy equipment. This letter shall be filed with the Director of Building and Planning prior to issuance of a building permit (assuming the solar energy equipment tower is approved according to this chapter). Inoperative or unused solar energy equipment and accessory structures shall be removed from any site within four months of such notification. Failure to notify and/or to remove the inoperative or unused solar energy equipment in accordance with these regulations shall be a violation of this chapter and shall be punishable according to § 81-17 of the Town Code and Article XVIII of the Town of Stillwater Zoning Code (Chapter 210 of the Stillwater Town Code). The Planning Board shall also require the submission of a letter of credit guaranteeing the removal of said equipment as a condition of approval. To determine the LOC amount, the applicant must submit an estimate on a qualified contractor's letterhead of the cost to remove the proposed equipment and remediate any potential residuals on the property at the current rate. The Department of Building, Planning, and Development will review the estimate and approve, disapprove, or approve with revisions. The letter of credit amount shall be increased by 10% at each five-year renewal, to be used in the event that the property owner fails to remove the solar energy equipment within four months of it becoming inoperative or unused.
(3)Â
An annual operating permit shall be required for all solar farms
and solar power plants.
(4)Â
The site shall be restored to as natural a condition as possible
within three months of the removal.
(5)Â
Pursuant to New York Town Law §§ 274-a, 274-b and
130, a bond or letter of credit approved by the Attorney for the Town
in the amount determined above by the Department of Building, Planning
and Development to effectuate decommissioning by the Town shall be
posted by the property owner, the owner of the equipment or by the
system operator with the Town Clerk as a condition to a special use
permit and/or site plan approval and be continued for the entire period
of operation and until the Town certifies that the solar farm/solar
plant with all related equipment has been removed from the site and
all the Town's expenses incurred for such removal have been paid.
(6)Â
Inactive solar farms/power plant equipment may be removed by the
Town at the owner or operator's expense any time after four months
of continuous inactivity and 30 days after serving written notice
thereof, or immediately upon an emergency. The owner and operator
give the Town permission to enter upon the owner's land to inspect
and remove the inactive solar energy equipment and assess the cost
of such removal against the property owner and as a tax upon the real
property.
A.Â
All solar energy equipment/system installations must be performed
by a qualified solar installer. Proof of qualification must be submitted
at the time of application for a building permit.
B.Â
Prior to operation, solar energy equipment/system installations must
be inspected by a Town Code Enforcement Officer, certified third party
electrician, or by a specialized consultant hired by the Town at the
applicant's expense, as determined by the Town Code Enforcement
Officer.
C.Â
Any connection to the public utility grid must be inspected by the
appropriate public utility.
D.Â
Solar energy equipment/systems shall be maintained at all times in
good working order.
E.Â
Rooftop and building-mounted solar energy equipment/systems shall
meet all uniform codes.
F.Â
If solar storage batteries are included as part of the solar energy
equipment/system, they must be placed in a secure container or enclosure
meeting the requirements of the uniform codes and when no longer used
shall be disposed of in accordance with the laws and regulations of
the Town of Stillwater and other applicable laws and regulations.
G.Â
Marking of equipment.
(1)Â
Solar energy systems and equipment shall be marked in order to provide
emergency responders with appropriate warning and guidance with respect
to isolating the solar electric system. Materials used for marking
shall be weather-resistant. For residential applications, the marking
may be placed within the main service disconnect. If the main service
disconnect is operable with the service panel closed, then the marking
should be placed on the outside cover.
(2)Â
For commercial application, the marking shall be placed adjacent
to the main service disconnect in a location clearly visible from
the location where the lever is operated.
H.Â
In addition to the above requirements in this chapter, solar energy
systems and equipment shall be permitted only if they are determined
by the Town not to present any unreasonable safety risks, including,
but not limited to, the following:
I.Â
Solar energy equipment/systems and related equipment shall be surfaced,
designed and sited so as not to reflect glare onto adjacent properties
and roadways. Glare shall be considered an impact to be evaluated
under SEQRA.
The fees for all applications and building permits required
pursuant to this chapter shall be paid at the time each application
is submitted and in such reasonable amount as the Town Board may by
resolution establish and amend from time to time.
A.Â
Except as otherwise provided elsewhere, if an individual or entity
is found to be in violation of the provisions of this chapter, appeals
should be made in accordance with established procedures of the Town
of Stillwater Zoning Code.
B.Â
If a building permit for a solar energy device is denied because
of a conflict with other Town laws or the uniform codes, the applicant
may seek relief from the Town of Stillwater Zoning Board of Appeals,
which shall regard solar energy as a factor to be considered, weighed
and balanced along with other factors considered by the Zoning Board
of Appeals.
A.Â
Solar energy equipment shall not be sited within any required buffer
area.
B.Â
The total surface area of all ground-mounted and freestanding solar
energy equipment systems on a lot shall not exceed the area of the
ground covered by the building structure of the primary structure
or, if none, then the largest building on the lot, measured from the
exterior walls, excluding patios, decks, balconies, screened and open
porches and attached garages, provided that nonresidential placements
exceeding this size may be approved by the Planning Board, subject
to site plan review.
C.Â
The area beneath ground-mounted and freestanding solar energy equipment
systems shall be included in calculating whether the lot meets maximum
permitted lot building coverage and lot surface coverage requirements
for the applicable district, notwithstanding that the collectors are
not buildings.
D.Â
The installation of ground-mounted and freestanding solar energy
equipment systems shall be considered a development or development
activity for purposes of stormwater management under the Code of the
Town of Stillwater.
E.Â
New York Public Service Law Article 10 shall be considered for applications
by major electric-generating facilities of at least 25 MW.
If any word, phrase, sentence, part, section, subsection, or
other portion of this chapter or any application thereof to any person
or circumstance is declared void, unconstitutional, or invalid for
any reason, then such word, phrase, sentence, part, section, subsection,
or other portion, or the proscribed application thereof, shall be
severable, and the remaining provisions of this chapter and all applications
thereof not having been declared void, unconstitutional, or invalid
shall remain in full force and effect.
Where this chapter differs or conflicts with other laws, rules
and regulations, unless the right to do so is preempted or prohibited
by the county, state or federal government, the law which is more
restrictive or protective of the Town and public shall apply.
This chapter is enacted pursuant to the Municipal Home Rule
Law. This chapter shall supersede the provisions of the Town Law to
the extent it is inconsistent with the same, and to the extent permitted
by the New York State Constitution, the Municipal Home Rule Law, or
any other applicable statute.
The Town of Stillwater does not have protected access to sunlight
provisions. As such, in order for a property owner to protect future
access to direct sunlight for their solar systems, the Town encourages
the property owner to obtain solar easements from adjoining property
owners in accordance with New York Real Property Law § 335-b.
Failure on the part of the property owner to secure solar easements
can be a factor for the Planning Board to weigh when reviewing an
application, action or activity that may impact, obscure, block or
interfere with sunlight reaching a property owner's solar collectors.
The tax exemption provided by § 487 of the New York
Real Property Tax Law (RPTL), as amended from time to time, shall
not apply to any solar energy equipment/systems, farm and plant applications
in the Town of Stillwater. The Town of Stillwater hereby gives notice
to any owner of property that proposes to construct a solar energy
system that the Town hereby elects to opt out of providing the tax
exemption otherwise available under RPTL § 487 for solar
energy equipment, systems, farms or plant applications.
This chapter shall become effective after certification by the
Town Clerk/Attorney for the Town and upon filing it at the Secretary
of State's office, or immediately upon a person or entity personally
served with a copy thereof after its adoption by the Town Board.
