[HISTORY: Adopted by the Clarkson Town Board 7-23-2019 by L.L. No. 2-2019. Amendments noted where applicable.]
This chapter may be cited as "Local Law No. 2-2019" or "Solar Energy Facilities Law of the Town of Clarkson."
Based on the recommendations of the Solar Committee, a committee created by the Clarkson Town Board on March 27, 2018, the Town Board finds that:
A. 
Solar energy is an abundant, renewable, and nonpolluting energy resource of the Town of Clarkson, and its conversion to electricity will reduce dependence on nonrenewable energy sources and decrease the air and water pollution that results from the use of conventional energy sources.
B. 
The generation of electricity from properly sited solar arrays has the potential to tie into existing power distribution systems, allowing for the transmission of electricity from solar arrays to utilities or other users, or alternatively may be used to reduce or eliminate on-site consumption of energy.
C. 
Regulation of the siting and installation of solar arrays is necessary for the purpose of protecting the health, safety, and welfare of neighboring property owners, the environment, the general public, and the overall character of the Town of Clarkson. Solar energy conversion systems need to be consistent with the Town of Clarkson Zoning Code[1] and the Town of Clarkson Comprehensive Plan.
[1]
Editor's Note: See Ch. 140, Zoning.
D. 
Solar energy conversion systems may represent significant potential issues because of their size, environmental impacts, and safety effects. The installation of solar energy systems changes the landscape and appearance of the Town of Clarkson.
E. 
Solar energy conversion systems may present risks to the property values of adjoining property owners.
The purpose of this chapter is to promote the effective and efficient use of the Town's solar energy resources through solar energy conversion systems and to regulate the construction, placement, operation and decommissioning of such systems so that the public health, safety, and welfare will not be jeopardized.
The Town Board of the Town of Clarkson adopts this chapter under the authority granted by:
A. 
Article IX of the New York State Constitution, § 2(c)(6) and (10).
B. 
New York Statute of Local Governments § 10, Subdivisions 1, 6, and 7.
C. 
New York Municipal Home Rule Law § 10, Subdivision 1(i) and (ii) and Subdivision 1(a)(6), (11), (12), and (14).
D. 
The supersession authority of New York Municipal Home Rule Law § 10, Subdivision 2(d)(3).
E. 
New York Town Law Article 16 (Land Use).
F. 
New York Town Law § 130, Subdivisions 1 (Building code), 3 (Electrical code), 5 (Fire prevention), 7 (Use of streets and highways), 7-a (Location of driveways), 11 (Peace, good order and safety), 15 (Promotion of public welfare), 15-a (Excavated lands), 16 (Unsafe buildings), 19 (Trespass), and 25 (Building lines).
G. 
New York Town Law § 64, Subdivisions 17-a (Protection of aesthetic interests) and 23 (General powers).
A. 
The following rules of construction of language shall apply to the text of this chapter:
(1) 
Words used in the present tense include the future tense.
(2) 
Words used in the singular include the plural, and words used in the plural include the singular.
(3) 
The word "person" includes an individual, firm or corporation.
(4) 
The word "shall" is always mandatory; the word "may" is always permissive.
B. 
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.
C. 
In cases where words or phrases are not defined in this chapter but are defined elsewhere in the Clarkson Code, the words or phrases shall have the meanings set forth elsewhere in the Code.
D. 
In the event of a conflict, the definitions in this chapter shall prevail.
E. 
When used in this chapter, the following terms shall have the respective meanings set forth herein, except where the context shows otherwise:
ANGLED ROOF
A roof with a slope greater than 2:12.
BATTERY
See "storage battery" below.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
A combination of photovoltaic building components integrated into any building envelope system, such as vertical facades including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows for producing electricity for on-site consumption.
COMMERCIAL/INDUSTRIAL/AGRICULTURAL/MUNICIPAL (C/I/A/M) GROUND-MOUNTED ARRAYS
A freestanding solar array designed so that the total amount of energy used by the consumer is less than or equal to the amount of solar energy generated on site. Arrays may have multiple rows of solar panels and are typically mounted on racking. The power generated by this type of system may be distributed to properties other than that where the array is located, but all properties must be owned by the same metered entity. Remote net metering is used to measure the electricity distribution in this type of system.
COMMERCIAL/INDUSTRIAL/AGRICULTURAL/MUNICIPAL (C/I/A/M) ROOF-MOUNTED ARRAYS
A solar array which is mounted parallel and attached to the roof structure of any lawfully permitted building or structure and which is designed so that the total amount of energy used by the consumer is less than or equal to the amount of solar energy generated on site. The power generated by this type of system may be distributed to properties other than that where the array is located, but all properties must be owned by the same metered entity. Remote net metering is used to measure the electricity distribution in this type of system.
COMMUNITY SOLAR GROUND-MOUNTED ARRAY (CSA)
A solar array which produces less than or equal to 25 mW AC capacity and provides electricity to the power grid for sale to the community. Residents of the Town shall have priority in purchasing power from this type of installation.
FARMLAND OF STATEWIDE IMPORTANCE
Land designated as "farmland of statewide importance" in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey which is of statewide importance for the production of food, feed, fiber, forage, and oilseed crops as determined by the appropriate state agency or agencies. Farmland of statewide importance may include tracts of land that have been designated for agriculture by state law.
GLARE
The effects of reflected light with intensity sufficient to cause annoyance, discomfort, nuisance or visual impairment.
LOW-SLOPE ROOF
A roof with a slope that is equal to or less than 2:12.
NET ZERO
The total amount of energy used by the customer is roughly equal to the amount of solar energy generated on site.
PHOTOVOLTAIC SOLAR CELL
The basic building block of a photovoltaic solar generation system. The cells are designed to directly convert light into electricity.
PHOTOVOLTAIC SOLAR ENERGY SYSTEM
An electrical generating system composed of solar panels and solar energy equipment required to convert solar energy to electrical energy suitable for use and distribution. The area of the solar energy system includes all the land inside the access perimeter fencing, site barriers and any hardware required to connect to the power grid.
PHOTOVOLTAIC SOLAR PANELS
A device capable of collecting and converting solar energy into electrical energy. It consists of a structure to support the individual cells and provides protection for the circuits which interconnect the cells and panels.
PRIME FARMLAND
Land designated as "prime farmland" in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is also available for these land uses, and is located within Monroe County Agriculture District 5 as defined by the New York State Department of Agriculture and Markets.
PV SOLAR ENERGY EQUIPMENT OR BALANCE OF SYSTEM (BOS)
Electrical energy storage devices, material, racking hardware, inverters, kWh meters or other electrical equipment used to assemble a solar energy system.
REMOTE NET METERING
Also known as "virtual net metering," is an arrangement that allows for the kilowatt hours (kWh) generated from a solar photovoltaic system located at a specific site to be credited towards kWh consumption at a different location.
RESIDENTIAL GROUND-MOUNTED ARRAY
Zero to 25 kWh AC capacity. A photovoltaic array mounted on a freestanding engineered or NRTL (nationally recognized testing laboratory) listed system used to support solar panels.
RESIDENTIAL ROOF-MOUNTED ARRAY
Zero to 25 kWh AC capacity. These are solar photovoltaic array installations for residential use. They are mounted parallel to the roof structure using NRTL listed or engineered racking to attach the solar panels to the roof. These systems are designed to meet the electricity needs of the residence.
SOLAR ENERGY SYSTEM OVERLAY DISTRICT
A zoning overlay district which encompasses part or parts of one or more underlying districts and establishes requirements applicable to community solar ground-mounted array (CSA) solar energy installations.
STORAGE BATTERY
A device that stores energy and makes it available in an electrical form.
VIRTUAL NET METERING
See "remote net metering" above.
The requirements of this chapter shall apply to all solar energy systems and/or solar energy farms proposed, installed, operated, maintained, modified or constructed in the Town of Clarkson.
A. 
Creation. The Town Board of the Town of Clarkson hereby adopts the rules and procedures for creating Solar Energy System Overlay Districts to allow consideration of use of the Town's solar energy resource through community solar ground-mounted arrays (CSA) and to regulate or prohibit the placement of such systems so that the public health, safety, and welfare will not be jeopardized.
B. 
Solar Energy System Overlay District.
(1) 
Solar Energy System Overlay Districts are permitted in only RS-20 and Agricultural Preservation and Suburban Residential (SR) proposed by the Comprehensive Plan.
(2) 
In considering applications for projects more than 10 acres on land that is classified as farmland of statewide importance or prime farmland or, if not so classified, has been actively farmed in five or more of the past 10 years, the Town Board shall carefully consider the loss of farmland which may be mitigated by using the land for both farming and solar power generation.
(3) 
No Solar Energy System Overlay District may be initially created without a specific request for a community solar ground-mounted array (CSA).
(4) 
Once a Solar Energy System Overlay District has been created, new solar energy system conversion systems, accessory structures, or facilities may be added in that district by the granting of a special use permit by the Planning Board as set forth herein.
C. 
Creation of solar energy system overlay districts.
(1) 
The process to be followed shall be the same as for the rezoning of land as set forth elsewhere in the Clarkson Code and in Article 16 of the New York State Town Law.
(2) 
In considering applications for projects of more than 10 acres on land that has been actively farmed in five or more of the past 10 years, the Town Board shall carefully consider the loss of farmland which may be mitigated by using the land for both farming and solar power generation.
(3) 
If approved, the creation of the overlay district shall be deemed null and void after two years if no construction takes place within the two years. For the purpose of this provision, the term "construction" shall not refer to grading, excavating and other general site improvements, but to the commencement of the construction of the arrays and ancillary equipment, including the providing of the financial security therefor.
A. 
Roof-mounted solar energy systems/building-integrated photovoltaic systems (all zoning districts).
(1) 
Roof-mounted solar energy systems that provide electricity on site are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure. A building permit shall be required for installation of all roof-mounted systems. Systems shall be exempt from site plan review under the local zoning code or other land use regulations subject to the requirements set forth in this section.
(2) 
Height. Solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located and are provided the same height exemptions granted to building-mounted mechanical devices or equipment.
(3) 
Solar panels on low-slope roofs shall not be angled more than 10° above the angle of the roof.
(4) 
Aesthetics: Rooftop-mounted solar energy system installations shall incorporate, when feasible, the following design requirements:
(a) 
Solar energy systems shall be color-compatible with the primary structure.
(b) 
Panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and the highest edge of the system.
(5) 
Properties in the Clarkson Historical Overlay District shall be subject to review and approval by the Architectural Review Board in accordance with the provisions set forth in § 140-25 of the Clarkson Code.
B. 
Residential ground-mounted solar energy systems.
(1) 
Ground-mounted solar energy systems that provide electricity on site are permitted in all zoning districts. A site plan review by the Planning Board shall be required as well as a building permit.
(2) 
Height and setback. Ground-mounted solar energy systems shall adhere to the height and setback requirements for accessory structures set forth in each zoning district. All ground-mounted panels shall not exceed 12 feet in height when oriented at maximum tilt.
(3) 
Lot coverage restrictions for each zoning district shall apply.
(4) 
All such systems shall be installed behind the front setback of the primary use structure and in compliance with setbacks appropriate for the zoning district.
(5) 
Buffering is required and is subject to the discretion of the Planning Board, i.e., fence, shrubbery, and berm.
(6) 
Solar collectors and other facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties and roads.
(7) 
Properties in the Clarkson Historical Overlay District shall be subject to review and approval by the Architectural Review Board in accordance with the provisions set forth in § 140-25 of the Clarkson Code.
C. 
Commercial/industrial/agricultural/municipal (C/I/A/M) ground-mount solar array.
(1) 
C/I/A/M ground-mount solar arrays are permitted through approval by the Clarkson Planning Board, subject to the requirements set forth in this section. Any request to install a ground-mounted solar array on property zoned Residential, Commercial or Industrial must be done by site plan approval by the Clarkson Planning Board.
(2) 
Properties in the Clarkson Historical Overlay District shall be subject to review and approval by the Architectural Review Board in accordance with the provisions set forth in § 140-25 of the Clarkson Code.
(3) 
Application requirements shall include the following:
(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) 
Site plan showing the layout of the solar energy system signed by a professional engineer or other licensed professional shall be required.
(c) 
Documentation of the major system components to be used, including the PV panels, mounting system, foundation, and inverters, etc., shall be provided. Manufacturer's data sheets/brochures may be used to meet this requirement.
(d) 
An operation and maintenance plan which shall include measures for maintaining safe access to the installation, stormwater controls, and general procedures for operational maintenance of the installation.
(e) 
Plans to control noise and glare of solar panels including potential impacts to abutters.
(f) 
A boundary survey prepared by a New York State licensed professional surveyor is to be provided, including the metes and bounds, monumentation, tax map information, property acreage, and easements.
(g) 
Plans and drawings for C/I/A/M ground-mounted solar arrays, signed by a professional engineer, showing the proposed layout of the solar energy system along with providing a description of all components, existing vegetation, any proposed clearing and grading of the lots(s) involved, any anticipated or possible stormwater or erosion disturbances, and utility lines (both above and below ground) on the site and adjacent to the site.
(4) 
Application standards.
(a) 
C/I/A/M ground-mount solar arrays shall adhere to the height and setback requirements of the underlying zoning district except as follows herein; any C/I/A/M ground-mount solar array shall not exceed a height of 12 feet. The height of the solar array shall be calculated when the array panels are at maximum tilt. For C/I/A/M ground-mount solar arrays located on a property that abuts a property zoned RS-10, RS-20, mobile home or planned unit development, the front setback shall be 100 feet and side and rear setbacks shall be 75 feet. For other cases, the front setback shall be 75 feet and side and rear setbacks shall be 75 feet.
(b) 
C/I/A/M ground-mount solar arrays shall be protected by fencing to prevent unauthorized access. Warning signs with the owner's contact information, including an emergency phone number, shall be placed on the entrance and perimeter of the fencing. The type of fencing shall be determined by the Clarkson Planning Board. The fencing and the system shall be further screened by landscaping as determined necessary by the Planning Board to mitigate adverse aesthetic impacts.
(c) 
All applications shall meet any substantive provisions contained in local site plan requirements and the Zoning Code[1] that, in the judgment of the Clarkson Planning Board, are applicable to the system being proposed.
[1]
Editor's Note: See Ch. 140, Zoning.
(d) 
A building permit shall be required for all C/I/A/M ground-mount solar arrays before construction begins.
D. 
Community solar arrays (CSA).
(1) 
The requirements of this section are established for the purpose of allowing the development of community solar arrays in Clarkson and to provide standards for the placement, design, construction, operation, monitoring, modification and removal of these systems.
(2) 
Community solar arrays are permitted only in Solar Energy System Overlay Districts.
(3) 
After the creation of a Solar Energy System Overlay District, the applicant shall be required to obtain site plan approval by the Clarkson Planning Board pursuant to the applicable provisions of the Clarkson Town Code subject to the requirements set forth in this section. After appropriate review, the Planning Board can approve, conditionally approve or deny the site plan application.
(4) 
Application requirements:
(a) 
Drawings of the solar photovoltaic installation stamped and signed by a licensed professional engineer showing the proposed layout of the system and any potential shading from nearby structures.
(b) 
Proposed changes to the landscape of site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures.
(c) 
A description of the solar facility and the technical, economic and other justification for the proposed location and design shall be signed by a professional engineer or other licensed professional. This description shall demonstrate the array meets federal and state laws and the Clarkson Code.
(d) 
Documentation of the major system components to be used, including the PV panels, mounting system, foundation, and inverters, etc., shall be provided. Manufacturer's data sheets/brochures may be used to meet this requirement.
(e) 
An operation and maintenance plan which shall include measures for maintaining safe access to the installation, stormwater controls, and general procedures for operational maintenance of the installation. The plan shall include details about the proposed use or uses of the remaining property not used for the community solar array, as well as ingress and egress to all portions of the property.
(f) 
Plans to control noise and glare of solar panels including potential impacts to abutters.
(g) 
If the property of the proposed project is to be leased, documented legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements, leases and other agreements, shall be submitted.
(h) 
A Dun & Bradstreet or equivalent credit report.
(i) 
A letter providing proof of feasibility from the local utility company is to be provided as part of the application indicating that utility company can handle the demands of the proposed project.
(5) 
In addition to any site plan approval required by the Clarkson Planning Board herein, a special use permit is required for community solar arrays. The development shall conform to the following standards, which shall be regarded as minimum requirements.
(a) 
Community solar arrays shall adhere to the height and setback requirements of the underlying zoning district except as follows herein; any community solar arrays that are ground-mounted shall not exceed a height of 12 feet. The height of the solar array shall be calculated when the array panels are at maximum tilt. For community solar arrays located on a property that abuts a property zoned RS-10, RS-20, mobile home or planned unit development, the front setback shall be 100 feet and side and rear setbacks shall be 75 feet. For other cases, the front setback shall be 75 feet and side and rear setbacks shall be 75 feet.
(b) 
All mechanical equipment on a community solar array, including any structure for batteries or storage cells, are completely enclosed by a minimum six-foot-high fence with a self-locking gate.
(c) 
The installation of a vegetated perimeter buffer to provide year-round screening of the system and fence from adjacent properties.
(d) 
Because of neighborhood characteristics and topography, the Clarkson Planning Board shall examine the proposed location, ensuring that the potential impact to its residents, business or traffic is not a detriment.
(e) 
All solar energy production systems shall be made of antireflective material in order to prevent a driving hazard or unwanted glare.
(f) 
All on-site utility and transmission lines shall be, to the extent feasible, placed underground.
(g) 
Solar modular panels shall not release hazardous materials.
(h) 
All structures, including but not limited to equipment shelters, storage facilities, transformers and substations, shall be architecturally compatible with each other and shall be screened from the view of persons not on the parcel.
(i) 
Lighting of community solar arrays shall be consistent with all state and federal laws and the Clarkson Town Code. Lighting of structures shall be limited to that required for safety and operational purposes and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.
(j) 
All signs must confirm to the National Electrical Code as adopted by New York State. There shall be no signs except "no trespassing" signs or any signs required to warn of danger. In addition, a sign is required that identifies the owner/operator with an emergency telephone number where they can be reached on a twenty-four-hour basis.
(k) 
There shall be a designated parking space to be used in connection with the maintenance of the solar photovoltaic facility and the site. However, it shall not be used for the permanent storage of vehicles.
(l) 
A building permit shall be required for all community solar arrays before construction begins.
(m) 
Drainage. All large-scale community solar arrays shall include a drainage and stormwater management plan that is acceptable to the Planning Board.
(n) 
The Planning Board may impose conditions of approval under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA).
(o) 
The Planning Board must approve the decommissioning plan submitted by the applicant. The Planning Board shall require that the applicant or property owner post an automatically renewing security bond for construction.
(6) 
The following additional conditions shall apply to community solar arrays:
(a) 
The community solar array owner or operator shall provide a copy of the project summary, electrical schematic and site plan to the Building Inspector. Upon request, the owner or operator shall cooperate with all local emergency services in developing an emergency response plan. All means of shutting down the community solar array facility shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries through the life of the installation and maintain current contact information for this person on a sign at the site. The owner shall provide emergency contact information to the Clarkson Fire Marshal and local emergency services (Sheriff's Office, fire district and ambulance service).
(b) 
No community solar arrays shall be approved or constructed until satisfactory evidence has been provided that the utility company operating the electrical grid where the installation is to be located has provided preliminary approval to connect to the power grid.
(c) 
A community solar array owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs and integrity of security measures. Site access shall be maintained to a level acceptable to the Building Inspector and local emergency services. The owner or operator shall be responsible for the cost of maintaining the community solar array and any access road(s).
A. 
Any C/I/A/M or CSA shall be considered abandoned after six months without electrical energy generation and must be removed from the property. Applications for extensions subsequent to such an abandonment can be reviewed by the Clarkson Planning Board for a period of up to six months after such abandonment.
B. 
All applications for any C/I/A/M or CSA shall include and be accompanied by a decommissioning plan to be implemented upon abandonment and/or in conjunction with the removal and shall:
(1) 
Include an affirmative obligation and acknowledgment that after any C/I/A/M or CSA can no longer be used it shall be removed by the applicant and/or any subsequent owner.
(2) 
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.
(3) 
Construction schedule. Applicants must submit a proposed schedule for the completion of the project, including the proposed start date and proposed date of substantial completion, the expected date of connection to the power grid, and the expected date on which operation of the photovoltaic system shall commence.
(4) 
Include a cost estimate detailing the projected expense of executing the decommissioning plan signed by a professional engineer. Cost estimations shall take into account inflation.
(5) 
Obligate the owner, operator and/or successors in interest to remove any ground-mounted solar collector structures, batteries, equipment, security barriers and transmission lines which have reached the end of their useful life or have been abandoned, to physically remove the installation no more than six months after the date of discontinued operations and also notify the Clarkson Building Department by certified mail of the proposed date of discontinued operations and the plans for removal.
(6) 
Include an obligation to dispose of all solid and hazardous waste in accordance with local, state and federal waste disposal regulations.
C. 
Absent notice of a proposed date of decommissioning and written notice of extenuating circumstances, any C/I/A/M or CSA shall be considered abandoned when it fails to operate (as set forth in Subsection A of this section) for more than six months without the written consent of the Clarkson Planning Board. If the owner or operator of any C/I/A/M or community solar arrays fails to remove the installation in accordance with the requirements of this section within six months of abandonment or the proposed date of decommissioning, Clarkson may enter the property and physically remove the installation upon application to a court of appropriate jurisdiction to obtain access to said property for that purpose.
D. 
In the event that an application is approved for a C/I/A/M or CSA, the Town of Clarkson shall require that the applicant and/or property owner provide or establish a bond, surety bond, financial deposit, undertaking, financial escrow and/or other financial security, the amount, substance and character of which is to be determined by and at the sole discretion of the Town Board and reviewed by the Town Engineer, the spirit and intent of same being to ensure that sufficient funds are available to remove the installation and restore landscaping consistent with the best interests of the landowner and/or Clarkson in the event the applicant fails to comply with its decommissioning obligations with same to be annually reviewed for financial sufficiency (with any decision relating to continued financial sufficiency also to be in the sole discretion of the Town Board). Clarkson reserves the right to request reasonable access to the property upon notice and consent.
E. 
If the C/I/A/M or community solar array is not decommissioned after being considered abandoned, the Town may remove the system and restore the property and impose a lien on the property to cover these costs to the municipality, and collect such amounts in the same way as other Town taxes, in addition to any other remedies available to the Town.
A. 
Any violation of this chapter shall be subject to the same civil and criminal penalties provided for in the Clarkson Town Code (including any applicable zoning regulations) and/or the laws of the State of New York.
B. 
The Code Enforcement Officer is hereby authorized to make inspections to determine compliance with the provisions of this chapter. When the Code Enforcement Officer determines that there is a violation, he shall cause a written notice thereof to be served upon the owner of the property in violation. Such notice shall include a statement of conditions that violate the provision of this chapter and the action required to remedy such violations.
If any clause, sentence, paragraph, subdivision, section or part of this chapter, or the application thereof to any person, individual, firm or corporation, or circumstance, shall be adjudged by a 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 chapter, or in its application to the person, individual, firm or corporation, or circumstance, directly involved in the controversy in which said order or judgment shall be rendered.
This chapter shall take effect upon the date it is filed in the Office of the New York State Secretary of State in accordance with Municipal Home Rule Law § 27.