[HISTORY: Adopted by the Town Board of the Town of Bath 9-14-2020 by L.L. No. 1-2020. Amendments noted where applicable.]
The purpose of this chapter is to provide for the location,
regulation and processing of applications for solar energy systems
within the Town of Bath. The intent is to both encourage the use of
renewable energy systems based on sunlight while at the same time
protecting the health, safety and general welfare of the residents
of the Town of Bath. In doing so, these regulations provide standards
for the safe provisions of solar energy systems in order to protect
the natural and aesthetic character of the Town of Bath with special
attention to open space, vistas, farmland, and neighboring property
owners.
The regulations contained in this chapter have been adopted
pursuant to New York Town Law §§ 261 through 263, and
are made in accordance with the comprehensive plan for the development
of the Town of Bath. The Planning Board is hereby authorized to review
and approve, approve with modifications, or disprove site plans for
solar energy systems pursuant to the criteria set forth herein.
As used in this chapter, the following terms shall have the
meanings indicated:
A combination of photovoltaic building components integrated
into any building envelope system such as vertical facades including
glass and other facade material, semitransparent skylight system,
roofing materials and shading over windows.
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 the ground via
a pole or other mounting system, detached from any other structure,
which generates electricity for on-site or off-site consumption.
A series of solar panels located on the roof of any legally
permitted building and/or structure for the purpose of producing electricity
for on-site and/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 energy storage devices, material, hardware, inverters
and/or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
An electrical generating system comprised of components 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 energy 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 electrical energy.
A device that stores energy and makes it available in an
electrical form.
A.
The requirements
of this chapter shall apply to all solar energy systems installed
or modified after its effective date.
B.
All solar
energy systems shall be designed, erected, and installed in accordance
with all applicable codes, regulations, and industry standards as
referenced in the New York State Uniform Fire Prevention and Building
Code ("Building Code"), the New York State Energy Conservation Code
("Energy Code"), and the Town of Bath Code.
A.
A building
permit shall be required for installation of all solar energy systems.
B.
Submissions
required shall include but not be limited to the following:
C.
Local land
use boards are encouraged to condition their approval of proposed
developments on sites adjacent to solar energy systems so as to protect
their access to sufficient sunlight to remain economically feasible
over time.
D.
Issuance
of permits and approvals by the Planning Board shall include review
pursuant to the State Environmental Quality Review Act ECL Article
8 and its implementing regulations at 6 NYCRR Part 617 ("SEQRA").
A.
Roof-mounted
solar energy systems and building integrated photovoltaic systems
that use the electricity on-site or off-site are permitted as an accessory
use when attached to any lawfully permitted building or structure.
(1)
Height.
Roof-mounted solar energy system shall not exceed the maximum height
restrictions of the area within which they are located.
(2)
Aesthetics.
Roof-mounted solar energy system installations shall incorporate,
when feasible, the following design requirements.
(a)
Solar panels on pitched roofs shall be installed at the same angle
as the roof's surface with a maximum distance of eight inches between
the roof 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 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.
(d)
Glare. All solar panels shall have antireflective coating(s).
B.
Building-integrated
solar energy systems shall be shown on the plans submitted for the
building permit application for the building containing the system.
A.
All Tier
2 solar energy systems shall be permitted as accessory structures
and shall be exempt from site plan review under the Town Code or other
local land use regulations, subject to the following conditions:
(1)
Setback.
Ground-mounted solar energy systems shall adhere to the setback requirements
for accessory structures as contained in the Town Code and/or the
State Building Code.
(2)
Height.
Tier 2 solar energy systems shall be subject to have a maximum height
of 10 feet.
(3)
All
Tier 2 solar energy systems in residential areas shall be installed
in the side or rear yards. Tier 2 solar energy systems may not be
located between the front lot line and principal structure.
(4)
Glare.
All solar panels shall have antireflective coating(s).
(5)
Lot
size: Tier 2 solar energy systems shall comply with the existing lot
size requirement specified for accessory structures as contained in
the Town Code and/or the State Building Code.
(6)
Screening
and visibility.
(a)
All Tier 2 solar energy systems shall have views minimized from adjacent
properties to the extent reasonably practicable.
(b)
Solar energy equipment shall be located in a manner to reasonably
avoid and/or minimize blockage of views from surrounding properties
and shading of property to the north, while still providing adequate
solar access.
A.
Tier 3
solar energy systems are permitted through the issuance of a special
permit and site plan approval, and subject to the requirements set
forth in this section , within the Town, as well as any agricultural
district as designated by Steuben County.
B.
Escrow
agreement. The Town shall require the applicant seeking to develop
any Tier 3 solar energy systems to fund an escrow agreement or to
sign a developer's agreement to cover the amount by which the Town's
estimated costs and expenses of review, including reasonable legal
and engineering fees, exceed (or will exceed) the application fees
paid by the applicant.
C.
Tier 3
solar energy system will occupy no more than 150 acres per installation.
Town of Bath reserves the right to limit the total number of acres
for solar use.
D.
Location.
Tier 3 solar energy systems shall not be located within the following
areas of potential sensitivity: (i) 100-year flood hazard zones considered
an AE Zone on the FEMA Flood Maps; and (ii) properties included on
the New York State or National Register of Historic Places, or otherwise
identified as, or eligible for inclusion as, historic and/or culturally
significant resources by the New York State Historic Preservation
Office or other similar historic preservation authority.
E.
Tier 3
solar energy systems shall, to the extent practicable, be designed
in such a way as to allow agricultural use of the soil after the system
is decommissioned.
F.
A landscape
buffer shall be provided around the Tier 3 energy system and solar
panels to provide screening from adjacent properties.
G.
Removal
of trees and other existing vegetation shall be minimized or offset
with planting elsewhere on the property. Tier 3 solar energy systems
shall require the preparation of a vegetation management plan that
includes the planting and/ or protection of pollinators and perennial
vegetation.
H.
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.
I.
All on-site
utility and transmission lines shall, to the extent feasible, be placed
underground.
J.
Glare.
All solar panels shall have antireflective coating(s).
K.
Signage.
(1)
No
signage or graphic content shall be displayed on the solar energy
systems except the manufacturer' s name, equipment specification 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 the 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.
L.
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.
M.
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 operator's and/or
owner's expense, which at the owner's option may come from any security
made with the Town of Bath as set forth in § 101-8L(3) herein.
(2)
A decommissioning
plan (see Appendix 1[1]) signed by the owner, and containing the following, in
addition to any such other terms and conditions as may be required
by the Town of Bath.
(a)
The cost of removing the solar energy system.
(b)
The time required to decommission and remove the solar energy system
and any ancillary structures
(c)
The time required to repair any damage caused to the property by
the installation and removal of the solar energy system.
[1]
Editor's Note: Said appendix is on file in the Town offices.
(3)
Security.
(a)
The deposit, executions, or filing with the Town of Bath Clerk of
cash, bond, or other form of security reasonable acceptable to the
Town of Bath Attorney and/or 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 the 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.
(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 of Bath, 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.
N.
Special
permit required.
(1)
The
special permit application and its requirements for obtaining a special
permit shall be supplemented by the following additional provisions.
(2)
Height.
Tier 3 solar energy systems shall be no more than 10 feet in height.
(3)
Setback.
Tier 3 solar energy systems shall adhere to the setback requirements
of 100 feet from property line if adjacent property is agricultural,
200 feet from property line if adjacent property is residential and
100 feet from centerline of the road.
(4)
Fencing
requirements. All mechanical equipment, including any structure for
storage batteries, shall be enclosed by a seven-foot-high fence, as
required by NEC, with a self-locking gate to prevent unauthorized
access.
(5)
Referral
to Planning Board. The Town Board shall refer the special permit application
to the Planning Board for review, which shall review the site development
plan and render its recommendations to the Town Board. The Planning
Board may recommend approval, disapproval or conditional approval
subject to modifications(s) being made to the special permit application.
The Planning Board shall report its recommendation(s) to the Town
Board within 30 days of the referral by the Town Board.
O.
Site plan
approval required.
(1)
Tier
3 solar energy systems shall be required to obtain site plan approval
from the Town Planning Board.
(2)
The
site plan application and its requirements for obtaining site plan
approval shall be supplemented by the following additional provisions:
(a)
If the property of the proposed project is to be leased, legal consent
between all parties, specifying the use(s) of the land for the duration
of the project, including easements and other agreements, shall be
submitted.
(b)
Property lines and physical features, including roads, for the project
site.
(c)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(d)
A one- or three-line electrical diagram detailing the solar energy
system layout, solar collector installation, associated components,
and electrical interconnection methods, with all National Electrical
Code compliant disconnects and over current devices.
(e)
The equipment specification sheets shall be documented and submitted
for all solar panels, significant components, mounting systems, and
inverters that are to be installed.
(f)
Property operation and maintenance plan. Such a plan shall describe
continuing photovoltaic maintenance and property upkeep and maintenance,
such as mowing and trimming.
(g)
Erosion and stormwater management plan. Such a plan shall provide
for erosion control measures and stormwater management subject to
the requirements of the Town Code and applicable New York State laws
and regulations.
(h)
Detailed plans and specifications for any proposed fencing to be
installed, including but not limited to the location(s), height and
type of fencing material(s) to be installed. Such plans shall ensure
perimeter security and safety for any and all beings.
(i)
Prior to the issuance of the building permit or final approval by
the Planning Board, but not required as part of the application, engineering
documents must be signed and sealed by a New York State (NYS) licensed
professional engineer or NYS registered architect.
P.
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 Code Enforcement Officer-Building Inspector
of such change in ownership or operator within 20 days of the ownership
change.
A.
Solar energy
systems and solar energy equipment shall be certified under the applicable
electrical and/or building 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 and,
if the Tier 3 solar energy system is located in an ambulance district,
the local ambulance corps.
C.
If storage
batteries are included as part of the solar energy system, they shall
meet the requirements of any applicable fire prevention and building
code when in use and, when no longer used, shall be disposed in accordance
with the laws and regulations for the Town of Bath 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 18 months, provided that a building permit is issued
for construction or construction is commenced. In the event constructions
is not completed in accordance with the final site plan, as may have
been amended and approved, as required by the Planning Board, within
18 months after approval, the applicant or the Town of Bath may extend
the time to complete the 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 Town of Bath shall notify and instruct the
owner and/or operator of the solar energy system to implement the
decommissioning plan. The decommissioning plan must be completed within
360 days of notification.
C.
If the
owner and/operator fails to comply with the decommissioning upon any
abandonment, the Town of Bath 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.
To the extent that any law, ordinance, rule or regulation, or
parts thereof, are in conflict with the provisions of this chapter
(including all provision of the Code concerning subdivision or site
plan applications), this chapter shall control.
A.
Any person
who violates any provision of this chapter or any regulation adopted
hereunder upon conviction shall be guilty of a violation and subject
to a fine not exceeding $250 or imprisonment for a term not exceeding
15 days, or to both such fine and imprisonment. Each week of continuous
violation of this chapter shall constitute a separate additional violation.
In case of a violation of this chapter, the municipality and its officers
may, in addition to any other remedies specifically conferred by law
or ordinance, institute any appropriate proceedings to prevent unlawful
erection, construction, reconstruction, alteration or use of any solar
panel(s) not in compliance with this chapter.
B.
The Code
Enforcement Officer shall be empowered to enforce this chapter and
the regulations set forth herein.
If any provision of this chapter shall be adjudged by any court
of competent jurisdiction to be invalid, such adjudication shall not
affect, impair or invalidate the remainder thereof, but shall be confined
in its operation to the particular provision directly involved in
the controversy in which such judgment shall have been rendered.
