This solar energy chapter is adopted pursuant to Article 16
of the New York State Town Law, and Articles 2 and 3 of the Municipal
Home Rule Law of the State of New York, which authorize the Town of
Coeymans to adopt zoning provisions that advance and protect the health,
safety and welfare of the community, and, in accordance with the Town
of Coeymans 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."
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
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.
GLARE
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.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is anchored to the ground via
a pole or other mounting system, detached from any other structure
that generates electricity for on-site or off-site consumption.
NATIVE PERENNIAL VEGETATION
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.
POLLINATOR
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system located on the roof of any legally
permitted building or structure that produces electricity for on-site
or off-site consumption.
SOLAR ACCESS
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.
SOLAR ENERGY EQUIPMENT
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
SOLAR ENERGY SYSTEM
The 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.
A.
Tier 1 solar energy systems include the following:
(1)
Roof-mounted solar energy systems.
(2)
Building-integrated solar energy systems.
B.
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.
C.
Tier 3 solar energy systems are systems that are not included
in the list for Tier 1 and Tier 2 solar energy systems.
SOLAR PANEL
A photovoltaic device capable of collecting and converting
solar energy into electricity.
STORAGE BATTERY
A device that stores energy and makes it available in an
electrical form.
All Tier 1 solar energy systems shall be permitted in all zoning
districts and shall be exempt from site plan review under the local
zoning code or other land use regulation, subject to the following
conditions for each type of solar energy systems:
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 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 antireflective coating(s).
(3) Height:
All roof-mounted solar energy systems shall comply with the height
limitations in Appendix 3.
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 in all zoning
districts as accessory structures and shall be exempt from site plan
review under the local zoning code or other land use regulations,
subject to the following conditions:
A. Glare:
All solar panels shall have antireflective coating(s).
B. Setbacks:
Tier 2 solar energy systems shall be subject to the setback regulations
specified for the accessory structures within the underlying zoning
district. All ground- mounted solar energy systems shall only be installed
in the side or rear yards in residential districts.
C. Height:
Tier 2 solar energy systems shall be subject to the height limitations
specified for accessory structures within the underlying zoning district.
D. 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 from surrounding properties and
shading of property to the north, while still providing adequate solar
access.
E. Lot size:
Tier 2 solar energy systems shall comply with the existing lot size
requirement specified for accessory structures within the underlying
zoning district.
All Tier 3 solar energy systems are permitted through the issuance
of a special use permit within the Residential/Agricultural, Planned
Residential, General Business, Industrial and Planned Industrial Zoning
Districts, and subject to site plan application requirements set forth
in this section.
A. Applications
for the installation of Tier 3 solar energy system shall be:
(1) Reviewed
by the Code Enforcement Officer for completeness. Applicants shall
be advised within 10 business days of the completeness of their application
or any deficiencies that must be addressed prior to substantive review.
(2) Subject
to a public hearing to hear all comments for and against the application.
The Planning Board/Zoning Board of Appeals of the Town of Coeymans
shall have a notice printed in a newspaper of general circulation
in the Town of Coeymans at least five days in advance of such hearing.
Applicants shall have delivered the notice by first class mail to
adjoining landowners or landowners within 200 feet of the property
at least 10 days prior to such a hearing. Proof of mailing shall be
provided to the Planning Board/Zoning Board of Appeals at the public
hearing.
(3) Referred
to the Albany County Planning Board pursuant to General Municipal
Law § 239-m if required.
(4) Upon
closing of the public hearing, the Planning Board/Zoning Board of
Appeals shall take action on the application within 62 days of the
public hearing, which can include approval, approval with conditions,
or denial. The sixty-two-day period may be extended upon consent by
both the Planning Board/Zoning Board of Appeals and applicant.
B. 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 right-of-way.
C. Vehicular
paths. Vehicular paths within the site shall be designed to minimize
the extent of impervious materials and soil compaction.
D. 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 no more than eight
square feet. To the extent required by safety, signs can be larger,
subject to the review and approval of the Planning Board/Zoning Board
of Appeals.
(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.
E. Glare.
All solar panels shall have antireflective coating(s).
F. 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.
G. Tree-cutting.
Removal of existing trees larger than six inches in diameter should
be minimized to the extent possible.
H. 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 of Coeymans as set forth in §
137-10B herein.
(2) A decommissioning
plan (see Appendix 4) signed by the owner and/or operator of the solar energy
system shall be submitted by the applicant, addressing the following:
(a) The cost of removing the solar energy system.
(b) The time required to decommission and remove the solar energy system
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.
(3) Security.
(a) The deposit, executions, or filing with the Town of Coeymans Town
Clerk of cash, bond, or other form of security, reasonably acceptable
to the Town of Coeymans Town 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 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 of Coeymans, 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 in §
137-10B and
C herein.
I. Site plan
application. For any solar energy system requiring a special use permit,
site plan approval shall be required. Any site plan application shall
include the following information:
(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, and screening vegetation or structures
(3) 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.
(4) A preliminary
equipment specification sheet that documents all proposed solar panels,
significant components, mounting systems, and inverters that are to
be installed. A final equipment specification sheet shall be submitted
prior to the issuance of building permit.
(5) Name,
address, and contact information of proposed or potential system installer
and the owner and/or operator of the solar energy system. Such information
of the final system installer shall be submitted prior to the issuance
of building permit.
(6) Name,
address, phone number, and signature of the project applicant, as
well as all the property owners, demonstrating their consent to the
application and the use of the property for the solar energy system.
(7) Zoning
district designation for the parcel(s) of land comprising the project
site.
(8) Property
operation and maintenance plan. Such plan shall describe continuing
photovoltaic maintenance and property upkeep, such as mowing and trimming.
(9) Erosion
and sediment control and stormwater management plans prepared to New
York State Department of Environmental Conservation standards, if
applicable, and to such standards as may be established by the Planning
Board.
(10) Prior
to the issuance of the building permit or final approval by the Planning
Board/Zoning Board of Appeals, 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.
J. Special
use permit standards.
(1) Lot
size.
(a) The property on which the Tier 3 solar energy system is placed shall
meet the lot size requirements in Appendix 1.
(2) Setbacks.
(a) The Tier 3 solar energy systems shall meet the setback requirements
in Appendix 2.
(3) Height.
(a) The Tier 3 solar energy systems shall comply with the height limitations
in Appendix 3 depending on the underlying zoning district.
(4) Lot
coverage.
(a) The following components of a Tier 3 solar energy system shall be
considered included in the calculations for lot coverage 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, transformers, or
storage cells.
[3] Paved access roads servicing the solar energy system.
(b) Lot coverage of the solar energy system, as defined above, shall
be calculated on the aggregate of all lots affected rather than by
individual lot.
(5) Fencing
requirements. All mechanical equipment, including any structure for
storage batteries, shall be enclosed by a fence that is seven- to
eight-foot tall, as required by NEC, with a self-locking gate to prevent
unauthorized access.
(6) Screening
and visibility.
(a) Solar energy systems smaller than 10 acres shall have views minimized
from adjacent properties to the extent reasonably practicable using
architectural features, earth berms, landscaping, or other screening
methods that will harmonize with the character of the property and
surrounding area.
(b) Solar energy systems larger than 10 acres shall be required to:
[1] 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-sight 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,
shall be required to be submitted by the applicant.
[2] 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.
[3] The screening and landscaping plan shall specify the locations, elevations,
height, plant species, and/or materials that will comprise the structures,
landscaping, and/or grading used to screen and/or mitigate any adverse
aesthetic effects of the system, following the applicable rules and
standards established by the Planning Board/Zoning Board of Appeals.
K. Ownership
changes. If the owner or operator of the solar energy system changes
or the owner of the property changes, the special use permit shall
remain in effect, provided that the successor owner or operator assumes
in writing all of the obligations of the special use 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.
Any violation of this Solar Energy Chapter shall be subject
to the same enforcement requirements, including the civil and criminal
penalties, provided for in the zoning or land use regulations of the
Town of Coeymans.
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.