[HISTORY: Adopted by the Town Board of the Town of East Fishkill
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-24-2019 by L.L. No. 1-2019]
This solar energy article is adopted pursuant to Sections 261
through 263 of the Town Law and Section 20 of the Municipal Home Rule
Law of the State of New York, which authorize the Town to adopt zoning
provisions that advance and protect the health, safety, and welfare
of the community, and, in accordance with the Town Law of New York
State, "to make provision for, so far as conditions may permit, the
accommodation of solar energy systems and equipment and access to
sunlight necessary therefor."
This solar energy article is adopted to advance and protect
the public health, safety, and welfare of the Town by creating regulations
for the installation and use of solar energy generating systems and
equipment, with the following objectives:
A.
To take advantage of a safe, abundant, renewable, and nonpolluting
energy resource;
B.
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family houses;
C.
To mitigate the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife,
and other protected resources.
As used in this article, the following terms shall have the
meanings indicated:
A combination of solar panels and solar energy equipment
integrated into any building envelope system such as vertical facades,
semitransparent skylight systems, roofing materials, or shading over
windows, which produce electricity for on-site consumption.
A solar installation owned collectively through condominium
or property owners' associations, business groups (e.g., strip-mall
collective), college student groups, "adopt-a-solar panel" programs,
or other similar arrangements. The community solar energy system shall
be subject to the approval requirements set forth for Tier 2 and Tier
3 energy systems per the thresholds stated in this article.
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
A solar energy system that is anchored to or resting directly
on the ground via a pole or other mounting or supporting system (including
ballasts, racks or other nonpenetrative supports), detached from any
other structure, that generates electricity for on-site or off-site
consumption.
Native wildflowers, forbs, and grasses that serve as habitat,
forage, and migratory way stations for pollinators and shall not include
any prohibited or regulated invasive species as determined by the
New York State Department of Environmental Conservation.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
A solar energy system located on the roof of any lawfully
existing building or structure that produces electricity for on-site
or off-site consumption.
Space open to the sun and clear of overhangs or shade so
as to permit the use of active and/or passive solar energy systems
on individual properties.
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
The component and subsystems required to convert solar energy
into electric energy suitable for use. The term includes, but is not
limited to, solar panels and solar energy equipment. The area of a
solar energy system includes all the land inside the perimeter of
the solar energy system, which extends to any interconnection equipment.
A solar energy system is classified as a Tier 1, Tier 2, or Tier 3
solar system as follows:
Tier 2 solar energy systems include ground-mounted solar energy
systems with system capacity up to 25 kW AC and that generate no more
than 110% of the electricity consumed on the site over the previous
12 months.
Tier 3 solar energy systems are systems that are not included
in the list for Tier 1 and Tier 2 solar energy systems.
A photovoltaic device capable of collecting and converting
solar energy into electricity.
A device that stores energy and makes it available in an
electrical form.
A.
The requirements of this article shall apply to all solar energy
systems permitted, installed, or modified in the Town of East Fishkill
after the effective date of this article, excluding general maintenance
and repair.
B.
Solar energy systems constructed or installed prior to the effective
date of this article shall not be required to meet the requirements
of this article.
C.
Modifications to an existing solar energy system that increase the
solar energy system area by more than 5% of the original area of the
solar energy system (exclusive of moving any fencing) shall be subject
to this article.
D.
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations and industry
standards as referenced in the NYS Uniform Fire Prevention and Building
Code ("Building Code"), the NYS Energy Conservation Code ("Energy
Code"), and the Town Code.
A.
A building permit shall be required for the installation of all solar
energy systems.
B.
The reviewing board or person is encouraged to consider conditions
on sites adjacent to solar energy systems so as to protect solar energy
systems' access to sufficient sunlight to remain economically
feasible over time.
C.
Issuance of permits and approvals by the reviewing board shall include
review pursuant to the State Environmental Quality Review Act ("SEQRA").
E.
Ground-mounted solar energy systems are prohibited in the R-1/4 Zoning
District.
All applications for Tier 1 solar energy systems shall be reviewed
by the Town Engineer, shall be permitted in all zoning districts,
and shall be exempt from site plan review under the Town Code, subject
to the following conditions for each type of solar energy system:
A.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems shall incorporate, when feasible,
the following design requirements:
(a)
Solar panels on pitched roofs shall be mounted with a maximum
distance of eight inches between the roof surface and the highest
edge of the system.
(b)
Solar panels on pitched roofs shall be installed parallel to
the roof surface on which they are mounted or attached.
(c)
Solar panels on pitched roofs shall not extend higher than the
highest point of the roof surface on which they are mounted or attached.
(d)
Solar panels on flat roofs shall not extend above the top of
the surrounding parapet, or more than 24 inches above the flat surface
of the roof, whichever is higher.
(2)
Glare: All solar panels shall have anti-reflective coating(s).
(3)
Height: All roof-mounted solar energy systems shall be subject to
the maximum height regulations specified for principal and accessory
buildings within the underlying zoning district.
B.
Building-integrated solar energy systems shall be shown on the plans
submitted for the building permit application for the building containing
the system.
All Tier 2 solar energy systems shall be permitted by a special
permit from the Planning Board, subject to the following conditions:
A.
Site plan application: For any solar energy system requiring a special permit, site plan approval shall be required. The approval criteria are the same as set forth in Chapter 194 of the Town Code.
B.
Glare: All solar panels shall have anti-reflective coating(s).
C.
Setbacks: All ground-mounted solar energy systems shall only be installed
in the side or rear yards of the lot. The required setbacks shall
be as follows:
D.
Height: Tier 2 solar energy systems shall be subject to the height
limitations specified for accessory structures within the underlying
zoning district.
E.
Screening and visibility:
(1)
All Tier 2 solar energy systems shall have views minimized from adjacent
properties to the extent reasonably practicable.
(2)
Solar energy equipment shall be located in a manner to reasonably
avoid and/or minimize blockage of views and shading of surrounding
properties, while still providing adequate solar access.
F.
Lot size. Tier 2 solar energy systems shall comply with the existing
lot size requirements specified for accessory structures within the
underlying zoning district.
G.
Maximum lot coverage: Tier 2 solar energy systems shall comply with
the maximum lot coverage for the underlying zoning district.
H.
Security. The deposit, execution, or filing with the Town Clerk of
a cash, bond, or other form of security reasonably acceptable to the
Town Attorney and/or the Town Engineer shall be in an amount sufficient
to ensure the good faith performance of the terms and conditions of
the permit issued pursuant hereto and to provide for the removal and
restorations of the site subsequent to removal. The amount of the
bond or security shall be 100% of the cost of removal of the Tier
2 solar energy system and restoration of the property.
All Tier 3 solar energy systems are permitted through the issuance
of a special permit by the Town Board within all zoning districts,
and subject to the following conditions:
A.
Underground requirements: All on-site utility lines shall be placed
underground to the extent feasible and as permitted by the serving
utility, with the exception of the main service connection at the
utility company right-of-way and any new interconnection equipment,
including without limitation any poles, with new easements and rights-of-way.
B.
Vehicular paths: Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
C.
Signage:
(1)
No signage or graphic content shall be displayed on the solar energy
systems except for the manufacturer's name, equipment-specific
information, safety information, and twenty-four-hour emergency contact
information. Said information shall be depicted within an area of
no more than eight square feet.
(2)
As required by National Electric Code (NEC), disconnect and other
emergency shutoff information shall be clearly displayed on a light
reflective surface. A clearly visible warning sign concerning voltage
shall be placed at the base of all pad-mounted transformers and substations.
D.
Glare: All solar panels shall have anti-reflective coating(s).
E.
Lighting: Lighting of the solar energy systems shall be limited to
that minimally required for safety and operational purposes and shall
be reasonably shielded and downcast from abutting properties.
F.
Decommissioning:
(1)
Solar energy systems that have been abandoned and/or not producing
electricity for a period of one year shall be removed at the owner
and/or operator's expense, which at the owner's option may
come from any security made with the Town as set forth herein.
(2)
A decommissioning plan signed by the owner and/or operator of the
solar energy system shall be submitted by the applicant, addressing
the following:
(3)
Security.
(a)
The deposit, execution, or filing with the Town Clerk of a cash,
bond, or other form of security reasonably acceptable to the Town
Attorney and/or the Town Engineer shall be in an amount sufficient
to ensure the good faith performance of the terms and conditions of
the permit issued pursuant hereto and to provide for the removal and
restorations of the site subsequent to removal. The amount of the
bond or security shall be 125% of the cost of removal of the Tier
3 solar energy system and restoration of the property with an escalator
of 2% annually for the life of the solar energy system. The decommissioning
amount shall be reduced by the amount of the estimated salvage value
of the solar energy system.
(b)
In the event of default upon performance of such conditions,
after proper notice and expiration of any cure periods, the cash deposit,
bond, or security shall be forfeited to the Town, which shall be entitled
to maintain an action thereon. The cash deposit, bond, or security
shall remain in full force and effect until restoration of the property
as set forth in the decommissioning plan is completed.
(c)
In the event of default or abandonment of the solar energy system,
the system shall be decommissioned as set forth herein.
G.
Special permit standards.
(1)
Lot size: The property on which the Tier 3 solar energy system is
placed shall be at least 10 acres.
(3)
Height: No structure can exceed 25 feet or two stories.
(4)
Maximum lot coverage:
(a)
The solar energy system, as defined above, must comply with
the maximum lot coverage requirement of the underlying zoning district.
(b)
The following component of a Tier 3 solar energy system shall
be considered included in the calculations for maximum lot overage
requirements:
[1]
Foundation systems, typically consisting of driven piles or
monopoles or helical screws with or without small concrete collars.
[2]
All mechanical equipment of the solar energy system, including
any pad-mounted structure for batteries, switchboard, transformer,
or storage cells.
[3]
Paved access roads servicing the solar energy system.
(5)
Fencing requirements: All mechanical equipment, including any structure
for storage batteries, shall be enclosed by an eight-foot-high fence
with a self-closing and self-locking gate to prevent unauthorized
access.
(6)
Screening and visibility: Applicants for Tier 3 solar energy systems
shall be required to:
(a)
Conduct a visual assessment of the visual impacts of the solar
energy system on public roadways and adjacent properties. At a minimum,
a line-of-site profile analysis shall be provided. Depending upon
the scope and potential significance of the visual impacts, additional
impact analyses, including for example a digital viewshed report,
may be required to be submitted by the applicant.
(b)
Submit a screening and landscaping plan to show adequate measures
to screen through landscaping, grading, or other means so that views
of solar panels and solar energy equipment shall be minimized as reasonably
practical from public roadways and adjacent properties to the extent
feasible.
(c)
Upon receipt of an application, the approving authority shall
e-mail and send via standard mail said application to the Conservation
Advisory Council ("CAC") for review and report. The CAC shall report
back to the approving authority within 15 days of such referral if
the approving authority is the Town Engineer, within 30 days of referral
if the approving authority is the Town Board, and within 45 days of
referral if the approving authority is the Planning Board. The time
period within which the CAC shall be required to report back may be
extended at the discretion of the approving authority. The approving
authority shall give significant weight to the recommendations of
the CAC as well as any reports or recommendations offered by environmental
officials. Failure by the CAC to report back to the approving authority
within the specified time period shall be interpreted as indicating
no objection to the application. The approving authority shall send
the final approved plan(s) to the CAC.
(7)
Agricultural resources. For projects located on lands designated
as Agricultural Districts by the Dutchess County Department of Planning:
(a)
Any Tier 3 solar energy system located on these Agricultural
Districts shall not exceed 50% of the area of prime farmland or farmland
of statewide importance on the parcel.
(b)
To the maximum extent practicable, Tier 3 solar energy systems
located in these Agricultural Districts shall be constructed in accordance
with the construction requirements of the New York State Department
of Agriculture and Markets.
(c)
Tier 3 solar energy system owners shall develop, implement,
and maintain native vegetation to the extent practicable pursuant
to a vegetation management plan by providing native perennial vegetation
and foraging habitat beneficial to game birds, songbirds, and pollinators.
To the extent practicable, when establishing perennial vegetation
and beneficial foraging habitat, the owners shall use native plant
species and seed mixes.
(8)
Ownership changes. If the owner or operator of the solar energy system
changes or the owner of the property changes, the special permit shall
remain in effect, provided that the successor owner or operator assumes
in writing all of the obligations of the special permit, site plan
approval, and decommissioning plan. A new owner or operator of the
solar energy system shall notify the zoning enforcement officer of
such change in ownership or operator within 30 days of the ownership
change.
A.
Solar energy systems and solar energy equipment shall be certified
under the New York State Uniform Fire Prevention and Building Code
and applicable electrical codes as required.
B.
Solar energy systems shall be maintained in good working order and
in accordance with industry standards. Site access shall be maintained,
including snow removal at a level acceptable to the local fire department.
C.
If storage batteries are included as part of the solar energy system,
they shall meet the requirements of the New York State Uniform Fire
Prevention and Building Code when in use and, when no longer used,
shall be disposed of in accordance with the laws and regulations of
the Town and any applicable federal, state, or county laws or regulations.
A.
The special permit and site plan approval for a solar energy system
shall be valid for a period of 12 months, provided that a building
permit is issued for construction. In the event construction is not
completed in accordance with the final site plan, as may have been
amended and approved, as required by the Town Board, within 12 months
after approval, the applicant or the Town may extend the time to complete
construction for 180 days. If the owner and/or operator fails to perform
substantial construction after 24 months, the approvals shall expire.
B.
Upon cessation of electricity generation of a solar energy system
on a continuous basis for 12 months, the owner and/or operator of
the solar energy system shall implement the decommissioning plan.
The decommissioning plan must be completed within 360 days of cessation.
C.
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Town may, at its discretion, utilize the
bond and/or security for the removal of the solar energy system and
restoration of the site in accordance with the decommissioning plan.
Shares in community solar energy systems shall be offered first
to Town of East Fishkill residents.
The fees for solar energy systems shall be established from
time to time by resolution of the Town Board.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision, or phrase of the aforementioned
sections, as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional, shall not affect the validity
or enforceability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and
effect.
