[Added 8-25-2016 by L.L.
No. 5-2016]
The Town of Schroeppel recognizes that solar energy is a clean,
readily available and renewable energy source. Development of solar
energy systems offers an energy source that can prevent fossil fuel
emissions, reduce the Town's energy demands and attract and promote
green business development within the Town. The Town of Schroeppel
has determined that comprehensive regulations regarding the development
of solar energy systems are necessary to protect the interests of
the Town, its residents, and businesses. This article is intended
to promote the effective and efficient use of solar energy systems;
establish provisions for the placement, design, construction, operation
and removal of such systems in order to uphold the public health,
safety and welfare; and to ensure that such systems will not have
a significant adverse impact on the aesthetic qualities and character
of the Town.
This article shall apply to all solar energy systems in the
Town of Schroeppel which are installed or modified after the effective
date of this article. All solar energy systems which are installed
or modified after the effective date of this article shall be in compliance
with all of the provisions hereof.
A.
Districts where allowed. Building-integrated solar energy systems
shall be permitted in all zoning districts within the Town subject
to the submission of, application for and review and issuance of an
applicable building permit.
A.
Districts where allowed. Rooftop-mounted solar energy systems shall
be permitted in all zoning districts within the Town subject to the
following requirements:
(1)
A building permit shall be required for installation of all
rooftop-mounted solar energy systems.
(2)
Rooftop-mounted solar energy systems shall not exceed the maximum
allowed height of the principal use in the zoning district in which
the system is located.
(3)
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-mounted solar energy systems.
Additionally, installations shall provide for adequate access and
spacing in order to:
(a)
Ensure access to the roof.
(b)
Provide pathways to specific areas of the roof.
(c)
Provide for smoke ventilation opportunity areas.
(d)
Provide for emergency egress from the roof.
(e)
Exceptions to these requirements may be requested where access,
pathway or ventilation requirements are reduced due to:
[1]
Unique site specific limitations;
[2]
Alternative access opportunities (such as from adjoining roofs);
[3]
Ground level access to the roof area in question;
[4]
Other adequate ventilation opportunities when approved by the
Codes Office;
[5]
Adequate ventilation opportunities afforded by panels set back
from other rooftop equipment (for example: shading or structural constraints
may leave significant areas open for ventilation near HVAC equipment);
[6]
Automatic ventilation devices; or
[7]
New technology, methods or other innovations that ensure adequate
emergency responder access, pathways and ventilation opportunities.
B.
Rooftop-mounted solar energy systems shall be subject to the general requirements set forth at § 95-44.8.
C.
Permit application requirements for rooftop-mounted solar energy
systems.
(1)
In addition to the requirements specified in § 95-44.6A and B, an applicant must submit the following application materials to the Code Enforcement Officer:
(a)
A site plan showing location of major components of the solar
energy system and other equipment on the roof or legal accessory structure.
This plan should represent relative locations of components at the
site, including, but not limited to, location of arrays, existing
electrical service locations, utility meters, inverter locations,
system orientation and tilt angles. This plan should show access and
pathways that are compliant with New York State Uniform Fire Prevention
and Building Code, if applicable.
(b)
One-line or three-line electrical diagram. The electrical diagram
required by NYSERDA for an incentive application and/or utilities
for an interconnection agreement may also be provided here.
(c)
Specification sheets for all manufactured components. If these
sheets are available electronically, a web address will be accepted
in place of an attachment, at the discretion of the Town.
(d)
All diagrams and plans must be prepared by a professional engineer
or registered architect and contain the applicable professional's
stamp, mark, and/or signature as required by New York State law and
include the following:
(2)
Permit review and inspection timeline. Permit determinations
will be issued within 14 days upon receipt of complete and accurate
applications. The municipality will provide feedback within seven
days of receiving incomplete or inaccurate applications. If an inspection
is required a single inspection should be sufficient and will be provided
within seven days of inspection request.
A.
Districts where allowed. Ground-mounted solar energy systems are
permitted as accessory structures in all zoning districts of the Town,
except the Rural Residential Mobile Home (RMH-1) District, the Residential
Mobile Home (RMH-2) District, the Major Commercial (C-1) District,
the Neighborhood Commercial (C-2) District and the Planned Commercial
Development (C-3) District, subject to the following requirements:
(2)
Ground-mounted solar energy systems are prohibited in front
yards.
(3)
Ground-mounted solar energy systems shall comply with the area
and yard regulations in each applicable zoning district provided in
this chapter in which such system is constructed.
(4)
Setbacks. Further setbacks and bulk restrictions may be required by the Planning Board in addition to those set forth in § 95-44.7A(3) in order to protect the public's safety, health and welfare.
(5)
The height of the solar collector/panel and any mounts shall
not exceed 15 feet in height when oriented at maximum tilt measured
from the ground and including any base.
(6)
Ground-mounted solar energy systems shall be screened when possible
and practicable from adjoining lots and street rights-of-way through
the use of architectural features, earth berms, landscaping, fencing
or other screening which will harmonize with the character of the
property and the surrounding area. The proposed screening shall not
interfere with the normal operation of the solar collectors/panels.
(7)
The ground-mounted solar energy system shall be located in a
manner to reasonably minimize view blockage for surrounding properties
and shading of property to the north, while still providing adequate
solar access for the solar energy system.
(8)
Neither the ground-mounted solar energy system, nor any component
thereof, shall be sited within any required buffer area.
(9)
The total surface area of all ground-mounted solar energy system
components shall not exceed the area of the ground covered by the
building structure of the largest building on the lot measured from
the exterior walls, excluding patios, decks, balconies, screened and
open porches, and attached garages.
(10)
The area beneath the ground-mounted solar energy system shall
be included in calculating whether the lot meets the maximum permitted
lot coverage requirements for the applicable district, notwithstanding
that the collectors are not "buildings."
A.
All solar energy system installations must be performed by a qualified
solar installer.
B.
Solar energy systems, unless part of a solar farm, 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
the sale of excess power through a net-metering arrangement in accordance
with New York Public Service Law § 66-j or similar state
or federal statute. However, solar energy system applications in a
residential setting and serving a residential use on a single parcel
or lot shall be limited to 12kW or less.
C.
Prior to operation, electrical connections must be inspected by a
Town Code Enforcement Officer and by an appropriate electrical inspection
person or agency, as determined by the Town.
D.
Any connection to the public utility grid must be inspected by the
appropriate public utility and proof of inspection shall be provided
to the Town.
E.
Solar energy systems shall be maintained in good working order.
F.
Solar energy systems shall be permitted only if they are determined
by the Town to be consistent in size and use with the character of
surrounding neighborhood.
H.
All solar energy systems described in this Article VIIIA shall meet and comply with all relevant and applicable provisions of the New York State Uniform Fire Prevention and Building Code Standards. To the extent the provisions of the New York State Uniform Fire Prevention and Building Code are more restrictive than the provisions set forth in this article, the provisions of the New York State Uniform Fire Prevention and Building Code shall control.
I.
If solar storage batteries are included as part of the solar energy
system, they must be placed in a secure container or enclosure meeting
the requirements of the New York State Uniform Fire Prevention 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 other applicable laws
and regulations.
J.
All utility services and electrical wiring/lines shall be placed
underground and otherwise be placed within the walls or unobtrusive
conduit. No conduits or feeds may be laid on the roof. Feeds to the
inverter shall run within the building and penetrate the roof at the
solar panel location.
K.
If a solar energy system ceases to perform its originally intended
function for more than 12 consecutive months, the property owner shall
completely remove the system, mount and all other associated equipment
and components by no later than 90 days after the end of the twelve-month
period or within 10 days of written notice from the Town.
L.
To the extent practicable, solar energy systems shall have neutral
paint colors, materials and textures to achieve visual harmony with
the surrounding area.
M.
The design, construction, operation and maintenance of the solar
energy system shall prevent the direction, misdirection and/or reflection
of solar rays onto neighboring properties, public roads, public parks
and public buildings.
N.
Marking of equipment.
(1)
Solar energy systems and components 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)
In the event any of the standards in this subsection for markings
are more stringent than applicable provisions of the New York State
Uniform Fire Prevention and Building Code they shall be deemed to
be guidelines only and the standards of the State Code shall apply.
O.
Fees.
(1)
Fees for site plan reviews pursuant to this chapter shall be
established by resolution of the Town Board.
(2)
Development and project fees. The applicant shall reimburse
the Town for any and all reasonable legal, engineering and other professional
expenses incurred by the Town in reviewing site plan applications.
A.
Districts where allowed. Subject to the issuance of site plan approval
and a special use permit and other requirements as set forth herein,
solar farms shall be a permitted use in the Rural Residential (R-3)
District and the Industrial (I) District within the Town. A solar
farm may be considered a principal use.
B.
Districts where prohibited. Except as stated in Subsection A of this section, solar farms shall be prohibited in all other zoning districts within the Town. In particular, solar farms shall be prohibited in the Residential (R-1) District, Residential (R-2) District, Residential (R-4) District, Rural Residential Mobile Home (RMH-1) District, the Residential Mobile Home (RMH-2) District, the Major Commercial (C-1) District, the Neighborhood Commercial (C-2) District and the Planned Commercial Development (C-3) District, Industrial Park Development (I-P) District; and the Planned Unit Development (PUD) District.
C.
Lot area and yard regulations. The following lot area and yard regulations
shall apply to solar farms located in the Rural Residential (R-3)
District and the Industrial (I) District within the Town.
D.
Permits required. No person, firm or corporation, or other entity
being the owner, occupant, or lessee of any land or premises within
the Town of Schroeppel shall use or permit the use of land or premises
for the construction or installation of a solar farm without obtaining
a building permit, a special use permit issued by the Planning Board
and a site plan approval issued by the Planning Board as hereinafter
provided.
E.
Special use permit.
(1)
In addition to the criteria established pursuant to § 95-59.3, the following criteria are hereby established for purposes of granting a special use permit for a solar farm under this chapter:
(a)
Scenic viewsheds. A solar farm shall not be installed in any
location that would substantially detract from or block the view(s)
of all or a portion of a recognized scenic viewshed, as viewed from
any public road, right-of-way or publicly owned land within the Town
of Schroeppel or that extends beyond the border of the Town of Schroeppel.
For purposes of this subsection, consideration shall be given to any
relevant portions of the current, amended and/or future Town of Schroeppel
Comprehensive Plan and/or any other prior, current, amended and/or
future officially recognized Town planning document or resource.
(b)
Emergency shutdown/safety. The applicant shall demonstrate the
existence of adequate emergency/safety measures. The applicant shall
post an emergency telephone number so that the appropriate entities
may be contacted should any solar panel or other component of the
solar farm need immediate repair or attention. This emergency telephone
number should be clearly visible and in a location which is convenient
and readily noticeable to someone likely to detect a problem.
(c)
Security. All solar farms shall be secured to the extent practicable to restrict unauthorized access. See § 95-44.9F(1)(q).
(d)
Access road. To the greatest extent possible, existing roadways
shall be used for access to the site and its improvements. In the
case of constructing any roadways necessary to access the solar farm,
they shall be constructed in a way that allows for the passage of
emergency vehicles in the event of an emergency. Each application
shall be accompanied by correspondence from the responding fire department
and emergency care provider as to the acceptability of the proposed
ingress to and egress from the solar farm site.
(e)
The development and operation of the solar farm shall not have
a significant impact on fish, wildlife, animal or plant species or
their critical habitats, or other significant habitats identified
by the Town of Schroeppel or federal or state regulatory agencies.
(2)
Waiver. The Planning Board may, upon exercise of its reasonable
discretion, waive one or more of the submission requirements imposed
herein. Relief from all other requirements must be made by way of
an area or use variance from the Zoning Board of Appeals.
F.
Site plan review.
(1)
The following submission requirements must be observed regarding a site plan application for a solar farm. The Planning Board may also require any of the requirements of Article X of Chapter 95 as part of the submission.
(a)
A completed application form as supplied by the Town of Schroeppel
for site plan approval for a solar farm.
(b)
Proof of ownership of the premises involved or proof that the
applicant has written permission of the owner to make such application.
(c)
Plans and drawings of the proposed solar farm installation signed,
marked and/or stamped by a professional engineer registered in New
York State showing the proposed layout of the entire solar farm along
with a description of all components, whether on site or off site,
existing vegetation and proposed clearing and grading of all sites
involved. Clearing and/or grading activities are subject to review
by the Planning Board and shall not commence until the issuance of
site plan approval. The plans and development plan shall be drawn
in sufficient detail and shall further describe:
[1]
Property lines and physical dimensions of the proposed site,
including contours at five-foot intervals.
[2]
Location, approximate dimensions and types of all existing structures
and uses on the site.
[3]
Location and elevation of the proposed solar farm and all components
thereof.
[4]
Location of all existing aboveground utility lines within 1,200
linear feet of the site.
[5]
Where applicable, the location of all transmission facilities
proposed for installation. All transmission lines and wiring associated
with a solar farm shall be buried underground and include necessary
encasements in accordance with the National Electric Code and Town
requirements. The Planning Board may recommend waiving this requirement
if sufficient engineering data is submitted by the applicant demonstrating
that underground transmission lines are not feasible or practical.
The applicant is required to show the locations of all proposed overhead
electric utility/transmission lines (if permitted) and underground
electric utility/transmission lines, including substations and junction
boxes and other electrical components for the project on the site
plan. All transmission lines and electrical wiring shall be in compliance
with the public utility company's requirements for interconnection.
Any connection to the public utility grid must be inspected by the
appropriate public utility.
[6]
Location of all service structures proposed as part of the installation.
[7]
Landscape plan showing all existing natural land features, trees,
forest cover and all proposed changes to these features, including
size and type of plant material. The plan shall show any trees and/or
vegetation which is proposed to be removed for purposes of providing
greater solar access.
[8]
A berm, landscape screen, or any other combination acceptable
to the Town capable of screening the site, shall be provided along
any property line that abuts an existing residence or any property
zoned other than Rural Residential (R-1) or Industrial (I).
(d)
Photographic simulations shall be included showing the proposed
solar farm along with elevation views and dimensions and manufacturer's
specifications and photos of the proposed solar energy systems, solar
collectors, solar panels and all other components comprising the solar
farm or from other vantage points selected by the Planning Board.
(e)
If applicable, certification from a professional engineer or
architect registered in New York State indicating that the building
or structure to which a solar panel or solar energy system is affixed
is capable of handling the loading requirements of the solar panel
or solar energy system and various components.
(f)
One or three line electrical diagram detailing the solar energy
system installation, associated components, and electrical interconnection
methods, with all disconnects and over-current devices.
(g)
Documentation of access to the project site(s), including location
of all access roads, gates, parking area, etc.
(h)
A plan for clearing and/or grading of the site and a stormwater
pollution prevention plan (SWPPP) for the site.
(i)
Documentation of utility notification, including an electric
service order number.
(j)
Sunchart. Where deemed appropriate, the Planning Board may require that the applicant submit a sunchart for the proposed site indicating the sun angle for the southern boundary of the site for a minimum four-hour continuous period during the time of the highest sun angle on December 21, along with the potential for existing buildings, structures, and/or vegetation on the site or on adjacent sites to obstruct the solar skyspace of the proposed solar farm. The sunchart shall also indicate the potential for obstructions to the solar skyspace of the proposed solar farm under a scenario where an adjacent site is developed as otherwise permitted by applicable provisions of Chapter 95 of the Code of the Town of Schroeppel with a building/structure built to maximum bulk and height at the minimum setback. Where no standards for setback are established, this scenario shall assume a maximum setback of five feet from the property line. The sunchart shall be kept on filed at the Town Code Enforcement Office and determine the minimum setback required for any solar collectors from the south property line as well as the solar skyspace that should be considered when development of neighboring properties occurs. This section in no way places responsibility on the Town for guaranteeing the solar skyspace of a solar energy system in the event setbacks are waived at the applicant's request.
(k)
The manufacturer's or installer's identification and appropriate
warning signage shall be posted at the site and be clearly visible.
(l)
Solar energy systems shall be marked in order to provide emergency
responders with appropriate warning and guidance with respect to isolating
the electric systems. Materials used for marking shall be weather
resistant. The marking shall be placed adjacent to the main service
disconnect location clearly visible from the location where the lever
is operated.
(m)
The average height of the solar panel array shall not exceed
20 feet measured from the ground and including any base or supporting
materials.
(n)
Color. Neutral paint colors, materials and textures may be required
for solar farm components, buildings and structures to achieve visual
harmony with the surrounding area as approved by the Planning Board.
(o)
The design, construction, operation and maintenance of the solar
energy system shall prevent the direction, misdirection and/or reflection
of solar rays onto neighboring properties, public roads, public parks
and public buildings.
(p)
Artificial lighting of solar farms shall be limited to lighting
required for safety and operational purposes and shall be shielded
from all neighboring properties and public roads.
(q)
Solar farms shall be enclosed by a perimeter fencing to restrict
unauthorized access at a height of 8 1/2 feet or as otherwise
approved by the Planning Board.
(r)
Only signage used to identify the location of the solar farm
shall be allowed and such signage shall otherwise comply with the
Town's sign regulations and requirements.
(s)
All applications shall be accompanied by a full environmental
assessment form for purposes of environmental review under the New
York State Environmental Quality Review Act (SEQRA), including a visual
impact analysis. The following additional material may be required
by the Planning Board:
[1]
A digital-elevation-model-based project visibility map showing
the impact of topography upon visibility of the project from other
locations, to a distance radius of three miles from the center of
the project. Scaled use shall depict a three-mile radius as not smaller
than 2.7 inches, and the base map shall be a published topographic
map showing cultural features.
[2]
No fewer than four color photos taken from locations within
a three-mile radius from the proposed location, as selected by the
Planning Board and computer-enhanced to simulate the appearance of
the as-built aboveground solar farm components as they would appear
from these locations.
(2)
Site plan review criteria. In addition to the above, no site
plan shall be approved unless the Planning Board determines that the
proposed solar farm complies with the following:
(a)
The use is oriented in its location upon the site as to layout,
coverage, screening, means of access and aesthetics so that:
[1]
The flow control and safety of traffic and human beings shall
not be adversely affected to an unreasonable degree;
[2]
There is reasonable compatibility in all respects with any structure
or use in the surrounding area, actual or permitted, which may be
directly substantially affected;
[3]
There shall not be any unreasonable detriment to any structure
or use, actual or permitted, in the surrounding area;
[4]
There is a reasonable provision for open space and yard areas
as appropriate to the surrounding area.
G.
Public hearing. No action shall be taken by the Planning Board to
issue a special use permit or site plan approval, or the Zoning Board
of Appeals to grant a use or area variance in relation to an application
for a solar farm until after public notice and a public hearing. Proper
notice of a hearing before a board shall be given by legal notice
published in the official newspaper of the Town of Schroeppel at least
five days before the date set for such public hearing(s) and written
notice mailed to the applicant or his agent at the address given in
the application to be considered. The applicant shall be responsible
for notifying, by certified mail, all property owners of record within
500 feet of the outside perimeter of the boundary line of the property
involved in the application of the time, date and place of such public
hearing at least 10 days prior to such hearing. Notice shall be deemed
to have been given if mailed to the property owner at the tax billing
address listed on the property tax records of the Town Assessor or
at the property address. At least seven days prior to such hearing,
the applicant shall file with the board his/her affidavit verifying
the mailing of such notices. Failure of the property owners to receive
such notice shall not be deemed a jurisdictional defect.
H.
Compliance with New York State Uniform Fire Prevention and Building
Code.
(1)
Building permit applications shall be accompanied by standard
drawings of structural components of the solar farm and all its components
(including but not limited to solar panel, solar collector, solar
energy system, etc.). Drawings and any necessary calculations shall
be certified, in writing, by a New-York-State-registered professional
engineer that the system complies with the New York State Uniform
Fire Prevention and Building Code. This certification would normally
be supplied by the manufacturer.
(2)
Where the structure, components or installation vary from the
standard design or specification, the proposed modification shall
be certified by a New-York-State-registered professional engineer
for compliance with the structural design provisions of the New York
State Uniform Fire Prevention and Building Code.
I.
Compliance with state, local and national electric codes.
(1)
Building permit applications shall be accompanied by a line
drawing identifying the electrical components of the solar farm to
be installed in sufficient detail to allow for a determination that
the manner of installation conforms with the National Electric Code.
The application shall include a statement from a New-York-State-registered
professional engineer indicating that the electrical system conforms
with good engineering practices and complies with the National Electric
Code, as well as applicable state and local electrical codes. This
certification would normally be supplied by the manufacturer. All
equipment and materials shall be used or installed in accordance with
such drawings and diagrams.
(2)
Where the electrical components of an installation vary from
the standard design or specifications, the proposed modifications
shall be reviewed and certified by a New-York-State-registered professional
engineer for compliance with the requirements of the National Electric
Code and good engineering practices.
J.
Following construction/installation of the solar farm, all disturbed
areas where soil has been exposed shall be reseeded with grass and/or
planted with low level vegetation capable of preventing soil erosion
and airborne dust.
K.
Post construction/installation certification. Following the construction/installation
of the solar farm, the applicant shall provide a post-construction/installation
certification from a professional engineer registered in New York
State that the project complies with any and all applicable codes
and industry practices and has been constructed and operating according
to the drawings and development plan(s) submitted to the Town.
L.
Insurance. The applicant, owner, lessee or assignee shall maintain
a current insurance policy which will cover installation and operation
of the solar farm at all times. Said policy shall provide a minimum
of $2,000,000 property and personal liability coverage.
M.
Inspections. The Building Inspector, Zoning Enforcement Officer,
Code Enforcement Officer and/or Town Engineer shall have the right
at any reasonable time to enter, in the company of the owner or his
agent, the premises on which a solar farm is being or is constructed,
to inspect all parts of said solar farm installation and require that
repairs or alterations be made if, in his judgment, there exists a
deficiency in the operation or the structural stability of the solar
farm or any component thereof. If necessary, the Building Inspector
or Town Engineer may order the system secured or to otherwise cease
operation. It shall not be required that the owner or agent be present
in the event of an emergency situation involving danger to life, limb
or property.
N.
Power to impose conditions. In granting any site plan approval, special
use permit or variance for a solar farm, the Zoning Board of Appeals
or Planning Board, as the case may be, may impose reasonable conditions
to the extent that such board finds that such conditions are necessary
to minimize any adverse effect or impacts of the proposed use on neighboring
properties and to protect the general health, safety and welfare of
the Town and the public.
O.
Decommissioning and removal of solar farm facilities.
(1)
The applicant shall agree, in writing, to remove the entirety
of the solar farm and all accessory structures and components thereof
if the solar farm ceases to be used for its intended purpose for 12
consecutive months. Removal of such obsolete and/or unused solar farm
components shall take place within three months thereafter. Such agreement
shall also include a commitment by the applicant to impose a similar
obligation to remove any unused and/or obsolete solar panels upon
any person subsequently securing rights to relocate the solar panels.
(2)
Bond/security. The applicant shall be required to execute and
file with the Town Clerk a bond, or other form of security acceptable
to the Town Attorney and Engineer, in an amount sufficient for the
faithful performance of the terms and conditions of the permit issued
under this chapter, and to provide the decommissioning removal and
restoration of the site subsequent to the removal of the solar farm.
The amount of the bond or security shall be no less than 150% of the
cost of the removal of the solar panels and restoration of the site,
and shall be reviewed and adjusted at five-year intervals. In the
event of a default upon performance of such condition or any of them,
the bond or security shall be forfeited to the Town, which shall be
entitled to maintain an action thereon. The bond or security shall
remain in full force and effect until the complete removal of the
solar panels and site restoration is finished.
P.
Q.
Waiver. The Planning Board or the Zoning Board of Appeals, as the
case may be, may under appropriate circumstances, waive one or more
of the submission requirements contained herein.
