[HISTORY: Adopted by the Town Board of the Town of Cortlandt 12-11-2018 by L.L. No. 8-2018. Amendments noted were applicable.]
GENERAL REFERENCES
Zoning — See Ch. 307.
This solar energy chapter is adopted pursuant to §§ 261
through 263 of the Town Law and § 20 of the Municipal Home
Rule Law of the State of New York, which authorize the Town to adopt
zoning provisions that advance and protect the health, safety, and
welfare of the community, and, in accordance with the Town Law of
New York State, "to make provision for, so far as conditions may permit,
the accommodation of solar energy systems and equipment and access
to sunlight necessary therefor."
A.
This solar energy chapter is adopted to advance and protect the public
health, safety, and welfare of the Town by creating regulations for
the installation and use of solar energy generating systems and equipment,
with the following objectives:
(1)
To take advantage of a safe, abundant, renewable, and nonpolluting
energy resource;
(2)
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family houses;
(3)
To increase employment and business development in the Town, to the
extent reasonably practicable, by furthering the installation of solar
energy systems;
(4)
To mitigate the impacts of solar energy systems on neighborhood communities
and environmental resources such as important agricultural lands,
forests, wildlife, waterbodies, and other protected resources;
[Amended 7-19-2022 by L.L. No. 6-2022]
(5)
To create synergy between solar and the Town's overarching sustainability
policies as set forth in "Envision Cortlandt: 2016 Sustainable Comprehensive
Plan."
As used in this chapter, the following terms shall have the
meanings indicated:
A combination of solar panels and solar energy equipment
integrated into any building envelope system such as vertical facades,
semitransparent skylight systems, roofing materials, or shading over
windows, which produce electricity for on-site consumption.
A permanent structure or architectural projection of rigid
construction over which a covering is attached that provides weather
protection, identity or decoration. A canopy is permitted to be structurally
independent or supported by attachment to a building on one or more
sides.
[Added 7-19-2022 by L.L.
No. 6-2022]
A solar installation owned collectively through condominium
or property owners' associations, business groups (e.g., strip-mall
collective), college student groups, "adopt-a-solar panel" programs,
or other similar arrangements. Building-integrated, roof-mounted,
canopy-mounted, and ground-mounted solar energy systems all may qualify
as community solar energy systems.
[Amended 7-19-2022 by L.L. No. 6-2022]
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
A solar energy system that is anchored to or resting directly
on the ground via a pole or other mounting or supporting system (including
ballasts, racks or other nonpenetrative supports), detached from any
other structure, that generates electricity for on-site or off-site
consumption.
Native wildflowers, forbs, and grasses that serve as habitat,
forage, and migratory way stations for pollinators and shall not include
any prohibited or regulated invasive species as determined by the
New York State Department of Environmental Conservation.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
A solar energy system located on the roof of any lawfully
existing building or structure that produces electricity for on-site
or off-site consumption.
Space open to the sun and clear of overhangs or shade so
as to permit the use of active and/or passive solar energy systems
on individual properties.
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
The component and subsystems required to convert solar energy
into electric energy suitable for use. The term includes, but is not
limited to, solar panels and solar energy equipment. The area of a
solar energy system includes all the land inside the perimeter of
the solar energy system, which extends to any interconnection equipment.
A solar energy system is classified as a Tier 1, Tier 2, or Tier 3
solar system as follows:
[Amended 7-19-2022 by L.L. No. 6-2022]
Tier 2 solar energy systems include ground-mounted solar energy
systems with system capacity up to 25 kW AC and that generate no more
than 110% of the electricity consumed on the site over the previous
12 months.
Tier 3 solar energy systems are systems that are not included
in the list for Tier 1 and Tier 2 solar energy systems.
A photovoltaic device capable of collecting and converting
solar energy into electricity.
A device that stores energy and makes it available in an
electrical form.
A.
The requirements of this chapter shall apply to all solar energy
systems permitted, installed, or modified in the Town of Cortlandt
after the effective date of this chapter, excluding general maintenance
and repair.
B.
Solar energy systems constructed or installed prior to the effective
date of this chapter shall not be required to meet the requirements
of this chapter.
C.
Modification to an existing solar energy system that increases the
solar energy system area by more than 5% of the original area of the
solar energy system (exclusive of moving any fencing) shall be subject
to this chapter.
(1)
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the NYS Uniform Fire Prevention and Building
Code ("Building Code"), the NYS Energy Conservation Code ("Energy
Code"), and the Town Code.
A.
A building permit shall be required for the installation of all solar
energy systems.
B.
The reviewing board or person is encouraged to consider conditions
on sites adjacent to solar energy systems so as to protect solar energy
systems' access to sufficient sunlight to remain economically feasible
over time.
C.
Issuance of permits and approvals by the reviewing board shall include
review pursuant to the State Environmental Quality Review Act ("SEQRA").
E.
Ground-mounted and canopy-mounted solar energy systems are prohibited
in the R-40, R-40A, R-20, R-15, R-10, and RG Zoning Districts.
[Amended 7-19-2022 by L.L. No. 6-2022]
A.
All applications for Tier 1 solar energy systems shall be reviewed
by the Director of the Department of Technical Services or the Director
of Code Enforcement, shall be permitted in all zoning districts, and
shall be exempt from site plan review under the Town Code, subject
to the following conditions for each type of solar energy system:
(1)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems shall incorporate, when feasible,
the following design requirements:
[1]
Solar panels on pitched roofs shall be mounted with a maximum
distance of eight inches between the roof surface and the highest
edge of the system.
[2]
Solar panels on pitched roofs shall be installed parallel to
the roof surface on which they are mounted or attached.
[3]
Solar panels on pitched roofs shall not extend higher than the
highest point of the roof surface on which they are mounted or attached.
[4]
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.
(b)
Glare. All solar panels shall have anti-reflective coating(s).
(c)
Height. All roof-mounted solar energy systems shall be subject
to the maximum height regulations specified for principal and accessory
buildings within the underlying zoning district.
(2)
Building-integrated solar energy systems and canopy-mounted solar
energy systems shall be shown on the plans submitted for the building
permit application for the building containing the system. Applicants
for canopy-mounted solar energy systems shall submit all studies as
required by the Director of the Department of Technical Services or
the Director of Code Enforcement.
[Amended 7-19-2022 by L.L. No. 6-2022]
A.
All Tier 2 Solar Energy Systems shall be permitted by a special permit
from the Planning Board, subject to the following conditions:
(1)
Site plan approval. For any solar energy system requiring a special permit, site plan approval shall be required. The approval criteria are the same as set forth in Chapter 307 of the Town Code.
(2)
Glare. All solar panels shall have anti-reflective coating(s).
(3)
Setbacks. All ground-mounted solar energy systems shall only be installed
in the side or rear yards of the lot. The required setbacks shall
be as follows:
(4)
Height. Tier 2 solar energy systems shall be subject to the height
limitations specified for accessory structures within the underlying
zoning district.
(5)
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 and shading of surrounding
properties, while still providing adequate solar access.
(6)
Lot size: Tier 2 solar energy systems shall comply with the existing
lot size requirements specified for accessory structures within the
underlying zoning district.
(7)
Minimum landscape coverage. Tier 2 solar energy systems shall comply
with the minimum landscape coverage for the underlying zoning district.
(8)
Security. The deposit, execution, or filing with the Town Clerk of
a cash, bond, or other form of security reasonably acceptable to the
Town Attorney and/or the Director of the Department of Technical Services,
shall be in an amount sufficient to ensure the good faith performance
of the terms and conditions of the permit issued pursuant hereto and
to provide for the removal and restorations of the site subsequent
to removal. The amount of the bond or security shall be 100% of the
cost of removal of the Tier 2 solar energy system and restoration
of the property.
A.
All Tier 3 solar energy systems are permitted through the issuance
of a special permit by the Town Board, and subject to the following
conditions:
(2)
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.
(3)
Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
(4)
Signage:
(a)
No signage or graphic content shall be displayed on the solar
energy systems except for the manufacturer's name, equipment specific
information, safety information, and twenty-four-hour emergency contact
information. Said information shall be depicted within an area of
no more than eight square feet.
(b)
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.
(5)
Glare. All solar panels shall have anti-reflective coating(s).
(6)
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.
(7)
Tree-cutting. Removal of existing trees is subject to the requirements of Chapter 283 of the Town Code. No more than 30% of the existing trees on site can be removed for the installation of a Tier 3 Solar Energy System. Trees deemed to be invasive species and proposed for removal, shall be required to be mitigated at a ratio of one tree planted for every three trees removed.
[Amended 7-19-2022 by L.L. No. 6-2022]
(8)
Decommissioning:
(a)
Solar energy systems that have been abandoned and/or not producing
electricity for a period of one year shall be removed at the owner
and/or operator's expense, which at the owner's option may come from
any security made with the Town as set forth herein.
(b)
A decommissioning plan signed by the owner and/or operator of
the solar energy system shall be submitted by the applicant, addressing
the following:
(c)
Security:
[1]
The deposit, execution, or filing with the Town Clerk of a cash,
bond, or other form of security reasonably acceptable to the Town
Attorney and/or the Director of the Department of Technical Services,
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.
[2]
In the event of default upon performance of such conditions,
after proper notice and expiration of any cure periods, the cash deposit,
bond, or security shall be forfeited to the Town, which shall be entitled
to maintain an action thereon. The cash deposit, bond, or security
shall remain in full force and effect until restoration of the property
as set forth in the decommissioning plan is completed.
[3]
In the event of default or abandonment of the solar energy system,
the system shall be decommissioned as set forth herein.
(9)
Site plan approval. For any solar energy system requiring a special permit, site plan approval shall be required. The approval criteria are the same as set forth in Chapter 307 of the Town Code.
(10)
Special permit standards:
(a)
Lot size. The property on which the Tier 3 solar energy system
is placed shall be at least 10 acres.
(b)
Setbacks. The Tier 3 solar energy systems shall be set back:
[1]
One hundred feet from an abutting lot when the property is in
a Commercial or Industrial District;
[2]
Two hundred feet when the property is located in a Residential
District. The Town Board, at its discretion, may vary the required
dimensional setback of 200 feet to minimize environmental impacts
created when locating ground-mounted solar energy systems within the
dimensional regulations. In such instances the approving authority
may vary the setback to 100 feet or 200 feet from the nearest habitable
building, whichever distance is more restrictive. The burden of proof
for the grant of such waiver shall always be upon the applicant.
(c)
Height. No structure can exceed 25 feet or two stories.
(d)
Minimum landscape coverage:
[1]
The solar energy system, as defined above, must comply with
the minimum landscape coverage requirement of the underlying zoning
district.
[2]
The following component of a Tier 3 solar energy system shall
be considered included in the calculations for lot coverage requirements:
[a]
Foundation systems, typically consisting of driven
piles or monopoles or helical screws with or without small concrete
collars.
[b]
All mechanical equipment of the solar energy system,
including any pad mounted structure for batteries, switchboard, transformer,
or storage cells.
[c]
Paved access roads servicing the solar energy system.
(e)
Fencing requirements. All mechanical equipment, including any
structure for storage batteries, shall be enclosed by an eight-foot-high
fence with a self-closing and self-locking gate to prevent unauthorized
access.
(f)
Screening and visibility. Applicants for Tier 3 solar energy
systems 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 view-shed report,
may 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
practicable from public roadways and adjacent properties to the extent
feasible.
[3]
All ornamental, specimen or protected trees listed in 283 Attachment 1 that are removed must be replaced using a one to one ratio. All other trees shall be replaced in accordance with the requirements of Chapter 283 of the Town Code. Trees determined to be diseased, dead or an invasive species are not subject to this requirement.
(g)
Agricultural resources. For projects located on lands designated
as Agricultural Districts by the Westchester County Department of
Planning:
[1]
Any Tier 3 solar energy system located on these Agricultural
Districts shall not exceed 50% of the area of prime farmland or farmland
of statewide importance on the parcel.
[2]
To the maximum extent practicable, Tier 3 solar energy systems
located in these Agricultural Districts shall be constructed in accordance
with the construction requirements of the New York State Department
of Agriculture and Markets.
[3]
Tier 3 solar energy system owners shall develop, implement,
and maintain native vegetation to the extent practicable pursuant
to a vegetation management plan by providing native perennial vegetation
and foraging habitat beneficial to game birds, songbirds, and pollinators.
To the extent practicable, when establishing perennial vegetation
and beneficial foraging habitat, the owners shall use native plant
species and seed mixes.
(h)
Ownership changes. If the owner or operator of the solar energy
system changes or the owner of the property changes, the special permit
shall remain in effect, provided that the successor owner or operator
assumes in writing all of the obligations of the special permit, site
plan approval, and decommissioning plan. A new owner or operator of
the solar energy system shall notify the Zoning Enforcement Officer
of such change in ownership or operator within 30 days of the ownership
change. Satisfactory proof that the decommissioning security is active
and in place shall be submitted to the satisfaction of the Town's
Legal Department and Department of Technical Services.
[Amended 7-19-2022 by L.L. No. 6-2022]
(i)
Ground-mounted Tier 3 solar energy systems shall be limited to the maximum extent practicable to land areas not defined as a steep slope in Town Code Chapter 259, Steep Slopes. Ground-mounted solar may be considered on moderately steep slopes (15% to 30%) provided a comprehensive stormwater mitigation plan is provided and all tree removal on said slopes is limited and mitigated at a ratio of two trees planted for every one tree removed.
[Added 7-19-2022 by L.L.
No. 6-2022]
(j)
Ground-mounted Tier 3 solar energy systems shall not be constructed in wetlands or wetlands buffers as defined in Town Code Chapter 179, Freshwater Wetlands, Water Bodies and Watercourses.
[Added 7-19-2022 by L.L.
No. 6-2022]
(k)
An approved fire apparatus access road is required to be constructed
for all Tier 3 systems. Grades of all access roads will be limited
to 10% maximum. Consideration will be given to increase this grade
to 14% over sections of straight road no less than 200 feet in length
at the discretion of the Director of Technical Services or Director
of Code Enforcement after review of the entire road profile as prepared
by a licensed professional engineer.
[Added 7-19-2022 by L.L.
No. 6-2022]
(l)
Fire apparatus access roads shall be designed to accommodate
the imposed loads of the fire apparatus as provided by the local fire
department or the minimum provided in the NYS Uniform Fire Prevention
and Building Code and NYS Supplements. Surfaces shall accommodate
all-weather driving capabilities. Limited use pervious access roads
will not be accepted as a wearing surface. Driveway entrances in excess
of 10% grades shall have an asphalt or concrete wearing surface. Entrances
shall be paved for a minimum of 250 feet from its intersection with
the nearest right-of-way.
[Added 7-19-2022 by L.L.
No. 6-2022]
(m)
Applications for ground-mounted community solar (Tier 3) systems shall incorporate at a minimum controls for the water quality in accordance with Town Code Chapter 262, Stormwater Management and Erosion and Sediment Control. Panels shall be considered impervious if they are not spaced a distance apart equal to the width of the panel or designed in general conformance with the NYSDEC Solar Panel Construction Stormwater Permitting/SWPPP Guidance. On slopes in excess of 10%, a level spreader/energy dissipater shall be placed along the drip edge of the panel rows. Runoff shall be reduced to reflect pre-existing hydrological and hydraulic conditions to mimic forest conditions.
[Added 7-19-2022 by L.L.
No. 6-2022]
(n)
An annual inspection and monitoring report shall be submitted
to the Department of Technical Services and Planning Board for Tier
3 systems by March 31 of a given calendar year. The report shall provide
data from the previous calendar year (January to December) outlining
power generated, number of users benefitting from the system, energy
credits received, and estimated savings. In addition, the report shall
provide photographic documentation of the installed system and any
mitigation measures (e.g., reforestation) required as part of the
approval.
[Added 7-19-2022 by L.L.
No. 6-2022]
(o)
Any increase to the size of a Tier 3 solar array shall require
referral back to the Planning Board.
[Added 7-19-2022 by L.L.
No. 6-2022]
(p)
Priority of locations.
[Added 7-19-2022 by L.L.
No. 6-2022]
[1]
Applications for Tier 3 solar energy systems shall locate said
systems in accordance with the following priorities, Subsection [a]
being the highest priority and Subsection [d] being the lowest priority:
[2]
If the proposed property site is not the highest priority listed
above, then a detailed explanation must be provided as to why a site
of a higher priority was not selected. The person seeking such an
exception must satisfactorily demonstrate the reason or reasons why
such a permit should be granted for the proposed site, and the hardship
that would be incurred by the applicant or service provider if not
granted, or the benefits that might inure, and the beneficiaries of
such an alternative site. Tier 3 solar energy systems shall be prohibited
in all residential districts.
[3]
An applicant may not bypass sites of higher priority by stating
the site presented is the only site leased, purchased, in contract,
or otherwise selected.
[4]
Notwithstanding the above, the approving Board may approve any
site located within an area in the above list of priorities, provided
that the Board finds that the proposed site is in the best interest
of the health, safety and welfare of the Town and its inhabitants.
[5]
Upon filing an application for a special use permit for a Tier
3 solar energy system, the applicant shall submit a written report
demonstrating the applicant's review of the above locations in
order of priority, demonstrating the technical reason for the site
selection. If the site selected is not the highest priority, then
a detailed written explanation as to why sites of a higher priority
were not selected shall be included with the application.
[6]
The applicant shall, in writing, identify and disclose the number
and locations of any additional sites that the applicant has, is or
will be considering, reviewing or planning for Tier 3 solar energy
systems in the Town and all municipalities adjoining or adjacent to
the Town for a two-year period from the date of the subject application.
[7]
Notwithstanding that potential sites may be situated in areas
described in this section of the Code, the approving Board may disapprove
an application for reasons of noncompatibility, for any of the following
reasons:
[a]
Conflict with safety and safety-related codes and
requirements;
[b]
Conflict with the community character of the area;
[c]
Stormwater runoff or other adverse environmental
conditions;
[d]
The placement and location of a Tier 3 solar energy
system which would create an unacceptable risk, or the probability
of such, to residents, the public, employees and agents of the Town;
or
[e]
Otherwise conflict with the provisions of this
chapter.
A.
Solar energy systems and solar energy equipment shall be certified
under the New York State Uniform Fire Prevention and Building Code
and applicable electrical codes as required.
B.
Solar energy systems shall be maintained in good working order and
in accordance with industry standards. Site access shall be maintained,
including snow removal at a level acceptable to the local fire department.
C.
If storage batteries are included as part of the solar energy system,
they shall meet the requirements of the New York State Uniform Fire
Prevention and Building Code when in use and, when no longer used,
shall be disposed of in accordance with the laws and regulations of
the Town and any applicable federal, state, or county laws or regulations.
A.
The special permit and site plan approval for a solar energy system
shall be valid for a period of 12 months, provided that a building
permit is issued for construction. In the event construction is not
completed in accordance with the final site plan, as may have been
amended and approved, as required by the Town Board or Planning Board,
within 12 months after approval, the applicant or the Town may extend
the time to complete construction for 180 days. If the owner and/or
operator fails to perform substantial construction after 24 months,
the approvals shall expire.
B.
Upon cessation of electricity generation of a solar energy system
on a continuous basis for 12 months, the owner and/or operator of
the solar energy system shall implement the decommissioning plan.
The decommissioning plan must be completed within 360 days of cessation.
C.
If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town may, at its discretion, utilize the bond and/or security for the removal of the solar energy system and restoration of the site in accordance with the decommissioning plan. Decommissioning plans shall incorporate plans to reforest all disturbed areas. Reforestation shall follow the requirements of Town Code Chapter 283, Trees. Reforestation post-decommissioning shall not obviate applicants from meeting the mitigation requirements for the construction of a Tier 3 solar energy system. Decommissioning plans shall be filed with the Westchester County Clerk, Division of Land Records.
[Amended 7-19-2022 by L.L. No. 6-2022]
Upon receipt of an application, the approving authority shall
e-mail and send via standard mail said application to the Conservation
Advisory Council ("CAC") for review and report. The CAC shall report
back to the approving authority within 15 days of such referral if
the approving authority is the Director of Technical Services, within
30 days of referral if the approving authority is the Town Board,
and within 45 days of referral if the approving authority is the Planning
Board. The time period within which the CAC shall be required to report
back may be extended at the discretion of the approving authority.
The approving authority shall give significant weight to the recommendations
of the CAC as well as any reports or recommendations offered by the
Town Arborist or other environmental officials. Failure by the CAC
to report back to the approving authority within the specified time
period shall be interpreted as indicating no objection to the application.
The approving authority shall send the final approved plan(s) to the
CAC.
Shares in community solar energy systems shall be offered first
to Town of Cortlandt residents.
The fees for solar energy systems shall be established from
time to time by resolution of the Town Board.
[Amended 7-19-2022 by L.L. No. 6-2022]
Pursuant to § 487 of the Real Property Tax Law, the
Town shall require all applicants to enter into a contract for payments
in lieu of taxes (PILOT) for all community solar energy systems. Each
applicant shall be required to pay $11,100 per MW/AC to the Town of
Cortlandt beginning in 2022 with an additional 3% for each year thereafter.
The duration of the PILOT shall be the maximum extent permitted by
law. In addition to the Town of Cortlandt, the applicant shall also
be required to enter into a PILOT agreement with the school district
and the County of Westchester unless otherwise waived.
Upon adoption of this chapter, the Town's moratoria on solar
use adopted at the May 15, 2018, Town Board Meeting shall cease.
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.
