[HISTORY: Adopted by the Town Board of the Town of Coxsackie
as indicated in article histories. Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 167,
Solar Energy Collection Systems, adopted 6-14-2016 by L.L. No. 1-2016.
A.
This article is adopted pursuant to §§ 261 through
263 of the Town Law of the State of New York which authorizes the
Town of Coxsackie to adopt zoning provisions that advance and protect
the health, safety and welfare of the community, and pursuant to the
New York State Constitution, and New York State Municipal Home Rule
Law §§ 10 and 20.
B.
The Code of the Town of Coxsackie Chapter 167 titled "Regulation and Approval Standards for Solar Energy Collection Systems," which chapter is also known as Local Law No. 1 of 2016 and was repealed and replaced by Local Law No. 2 of 2018, is now revised and replaced with the following chapter which shall be known and cited as the "Revised Town of Coxsackie Regulation and Approval Standards for Solar Energy Collection Systems."
A.
The Town of Coxsackie recognizes that solar energy is a clean, readily
available, and renewable energy source. It further recognizes that
energy generated from solar energy collection systems can be used
to offset energy demand on the grid where excess solar power is generated.
B.
The Town of Coxsackie has determined that revised comprehensive zoning
regulations regarding the development of solar energy collection systems
are necessary to protect the interests of the Town, its residents,
property values, limited farmland and businesses. This article aims
to accommodate solar energy collection systems while balancing the
potential impact on neighbors and preserving the rights of property
owners to install solar energy collection systems, where such systems
are appropriate in light of competing public interests in other existing
uses. This article is intended to promote the effective and efficient
use of solar energy resources; set provisions for the placement, design,
construction and operation of such systems in such a way as to be
consistent with the Town of Coxsackie Comprehensive Plan; to uphold
the public health, safety and welfare; and to ensure that such systems
will not have a significant adverse impact on the environment or on
the aesthetic qualities and character of the Town and are compatible
with the community investment in sewer and water, community character
and its desire to preserve and protect areas of economic and agricultural
significance to the Town.
C.
It is not intended by this article to abrogate or impair existing
conditions previously made or permits previously issued relating to
the use of buildings. Whenever this article imposes a greater restriction
upon the use of buildings or premises than is required by existing
provisions of law, ordinance or regulations, the provisions of this
article shall control. More restriction is intended.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Detailed steps to remove unused or inactive solar energy
systems, the elimination of all safety hazards, the remediation of
the site, cost estimates to accomplish these requirements, and the
provisions of financial security therefor.
A rooftop-mounted solar energy system with solar panels which
are installed flush to the surface of a roof and which cannot be angled
or raised.
A solar energy collection system that is anchored to the
ground either directly or attached to a pole or other mounting system,
detached from any other structure.
A billing arrangement that allows solar customers to receive
credit for excess electricity which is generated from the customer's
solar collection and delivered back to the grid so that customers
only pay for their net electricity usage for the applicable billing
period.
Land designated as "prime farmland" in the U.S. Department
of Agriculture Natural Resources Conservation Service's Soil Survey
Geographic Database that has the best combination of physical and
chemical characteristics for producing food, feed, forage, fiber and
other crops and is available for these land uses.
A person who has skills and knowledge related to the construction
and operation of solar energy systems (and the components thereof)
and installations and has received safety training on the hazards
involved. Persons who are on the list of eligible photovoltaic installers
maintained by the New York State Energy Research and Development Authority
(NYSERDA), or who are certified as a solar installer by the North
American Board of Certified Energy Practitioners (NABCEP), shall be
deemed to be qualified solar installers for the purposes of this definition.
Persons who are not on NYSERDA's list of eligible installers or NABCEP's
list of certified installers may be deemed to be qualified solar installers
if the Town Code Enforcement Officer or such other Town officer or
employee as the Town Board designates determines such persons have
had adequate training to determine the degree and extent of the hazard
and the personal protective equipment and job planning necessary to
perform the installation safely. Such training shall include the proper
use of special precautionary techniques and personal protective equipment,
as well as the skills and techniques necessary to distinguish exposed
energized parts from other parts of electrical equipment and to determine
the nominal voltage of exposed live parts.
A solar energy system in which solar collectors/panels are
mounted on the roof of a building or structure either as a flush-mounted
system or as panels fixed to frames which can be tilted to maximize
solar collection.
Any solar energy collection system that cumulatively on a
parcel meets all of the following provisions:
Is an accessory use or structure, designed and intended to generate
energy primarily for a principal use, located on that lot.
Produces more than 25 kilowatts (kW) of energy, and is a solar-thermal
system which serves only the buildings to which it is attached and/or
accessory to and does not provide energy for any other buildings or
structures beyond the parcel or lot.
A system that does not exceed the production or output limits
and otherwise conforms to the requirements of this definition shall
not be excluded from designation as a small-scale solar collection
system as a result of selling or otherwise receiving credits or benefits
for excess energy provided to the distribution grid under a net metering
agreement.
A system of components intended for the collection, inversion,
storage and/or distribution of solar energy and that directly or indirectly
generates thermal, chemical, electrical or other usable energy. A
solar energy collection system consists of, but is not limited to,
solar collectors, mounting devices or structures, generators/turbines,
water and energy storage and distribution systems, storage, maintenance
and/or other accessory buildings, inverters, fans, combiner boxes,
meters, transformers and all other mechanical structures.
One or more contiguous parcels under direct control (ownership
or lease) of a common owner.
Area of solar panels and any appurtenances.
A solar energy collector or collectors or other devices or
a generation facility or area of land principally used to convert
solar energy to electricity, whether by photovoltaics, concentrating
solar-thermal devices or various experimental solar technologies,
designed and intended to supply energy primarily into a utility grid
for sale to the general public or to supply multiple users located
off the site on which the energy system is located.
A.
Applicability.
(1)
Rooftop- and flush-mounted solar collector systems with a rated capacity
of 25kW or less are permitted in all zoning districts within the Town
and may utilize the expedited solar permitting process.
(2)
Ground-mounted and freestanding solar energy collector systems with a rated capacity of 25kW or less are permitted in all zoning districts within the Town, except the High Density Residential 1 (HDR-1) and High Density Residential 2 (HDR-2) Districts, upon the issuance of a special use permit in accordance with § 167-5 of this article. These systems shall be subject to all the requirements set forth in § 167-5C(2) of this article. Ground-mounted and freestanding systems may not utilize the expedited solar permitting process.
B.
Purpose and intent.
(1)
The expedited solar permitting process uses a unified permit across
participating municipalities in New York State. A combined building
and electrical permit for a grid tied solar electric system will be
issued pending proper completion of forms, submission of approved
plans and approval by municipality.
(2)
The expedited solar permitting process shall be applicable to all
rooftop- and flush-mounted small solar collector systems with a rated
capacity of 25kW or less, whether intended for personal use or commercial
use, provided the system is intended to generate energy primarily
for a principal use or structure located on that lot.
C.
Application, review and permitting for systems qualifying for the
expedited permitting process.
(1)
Items to be submitted.
(a)
Unified Solar Permit for Small-Scale Solar Electric Systems
and an eligibility checklist;
(b)
A set of plans which must include the project address, section,
block and lot number of the property and the owner's name, address
and phone number and the name, address and phone number of the person
preparing the plans;
(c)
A site plan showing location of major components of solar system
and other equipment on roof or legal accessory structure. This plan
should represent relative location of components at site, including,
but not limited to, location of solar panel array, existing electrical
service location, utility meter, inverter location, system orientation
and tilt angle. This plan should show access and pathways that are
compliant with New York State Fire Code, if applicable; and
(d)
One-line or three-line electrical diagram detailing the installation
and associated components which shall include:
[1]
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 Code Enforcement
Officer.
[2]
All diagrams and plans must be prepared by a PE or RA as required
by New York State law and include the system capacity in kW-DC.
(2)
Upon receipt and verification of each of the above items, the Code
Enforcement Officer shall issue a building permit for the construction
and completion of the rooftop- or flush-mount solar collection system.
A.
Purpose and intent.
(1)
The purpose of these regulations is to balance the potential impact
on neighbors where solar collectors may be installed near their property
while preserving the rights of property owners to install solar collection
systems without excess regulation. These regulations are not intended
to override the New York State Agriculture and Markets Law.
(2)
Solar energy is a renewable and nonpolluting energy resource that
can prevent fossil fuel emissions and reduce energy load. Energy generated
from solar energy systems can be used to offset energy demand on the
grid when excess solar power is generated.
B.
Applicability.
(1)
The requirements herein shall apply to small-scale solar collector
system installations modified or installed after the effective date
of this section with a rated capacity of greater than 25 kW, and all
ground-mounted and freestanding systems with a capacity up to 25kW.
(2)
Solar collector system installations for which a valid building permit has been properly issued, or for which installation has commenced before the effective date of this section, shall not be required to meet the requirements of this section, except in accordance with safety provisions found in this section. Any modification, expansion or alteration to an existing solar collector system shall only be permitted in accordance with §§ 201-70 and 201-71 of the Town of Coxsackie Zoning Law.
C.
Permitting.
(1)
Rooftop- and flush-mounted solar collectors. Rooftop- and flush-mounted
solar collectors are permitted in all zoning districts in the Town
of Coxsackie subject to the following requirements:
(a)
Building permits shall be required for installation of all rooftop-
and flush-mounted solar collectors.
(b)
Height limitations for structures found in this zoning law shall
apply.
(d)
Rooftop units must be three feet from any chimney and shall
not be permitted on any roof overhangs.
(e)
Any solar collector system attached to a pitched roof shall
not extend more than three feet from the surface of the angle of the
roof.
(2)
Ground-mounted and freestanding solar collectors. Ground-mounted
racks and freestanding solar collectors are permitted as an accessory
structure in all zoning districts in the Town of Coxsackie, except
the High Density Residential 1 (HDR-1), High Density Residential 2
(HDR-2) and the Waterfront Residential (WR) Districts, subject to
the following requirements:
(a)
Site plan review and a special use permit from the Planning
Board are required for all ground-mounted racks and freestanding solar
energy collectors.
(b)
All ground-mounted racks and freestanding solar collectors shall
have a maximum height of 15 feet from ground elevation.
(c)
All ground-mounted racks and freestanding solar collectors installed
in the side or rear yards shall comply with, at a minimum, the setback
requirements for a principal structure for that zoning district.
(d)
Solar collectors are not permitted in any front yard.
(e)
Solar collectors shall be located in a manner that no shading
of adjacent property occur and no shading occurs at the property line.
(g)
Setbacks. Further setbacks and bulk restrictions may be required
by the Planning Board as part of the site plan review and as a condition
of approval in addition to those set forth in this article in order
to protect the public's safety, health and welfare.
(h)
Ground-mounted solar energy collectors shall be screened 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.
(i)
The ground-mounted solar energy collectors shall be located
in a manner to reasonably minimize view blockage for surrounding properties.
(j)
Neither the ground-mounted solar energy system, nor any component
thereof, shall be sited within any required buffer area.
(3)
General requirements applicable to small-scale rooftop-mounted and
ground-mounted solar energy systems.
(a)
All solar collector installations must be performed by a qualified
solar installer and designed, erected and installed in accordance
with applicable codes, regulations and industry standards.
(b)
Solar energy systems 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 25kW 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 collection systems shall be maintained in good
working order.
(f)
Solar energy collection systems, including all substations,
switch yards and interconnects, 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 collection systems described in this article
shall meet and comply with all relevant and applicable provisions
of the New York State Uniform Fire Prevention and Building Code standards
and applicable electrical codes. To the extent the provisions of the
New York State Uniform Fire Prevention and Building Code and applicable
electrical codes are more restrictive than the provisions set forth
in this article, the provisions of the New York State Uniform Fire
Prevention and Building Code and applicable electrical codes shall
control and the provisions contained herein shall be deemed to be
installation guidelines only.
(i)
All utility services and electrical wiring/lines shall be placed
underground and otherwise be placed within the walls or unobtrusive
conduit. Conduits or feeds which are laid on the roof shall be camouflaged
to blend in with the roof to reduce aesthetically objectionable impacts.
Feeds to the inverter shall run within the building and penetrate
the roof at the solar panel location.
(j)
If a solar energy collection system ceases to perform its originally
intended function for more than 12 consecutive months, the solar energy
collection system shall be deemed abandoned and the property owner
shall notify the Town of Coxsackie Code Enforcement Officer of the
system's abandonment. Upon abandonment, 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 30 days of written notice from the Town. The Building Inspector,
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, to ensure that the solar energy collection system remains operational.
(k)
Solar energy systems and their components shall be accessible
by emergency services vehicles and personnel.
(l)
To the extent practicable, solar energy collection 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 collection 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 section 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)
If solar storage batteries are included, they must be placed
in a secure container or enclosure meeting the requirements of the
New York State Building Code when in use. When they are no longer
in use, they shall be removed and either recycled or disposed of in
accordance with the laws of New York State Fire Prevention and Building
Code and local laws of the Town of Coxsackie and any other applicable
laws or regulations.
(p)
In order to ensure firefighter and other emergency responder
safety, there shall be a minimum perimeter area, not covered by any
solar equipment, of 36 inches around the edge of the roof and adjacent
to transitions, which include vertical walls, dormers, valleys, chimneys,
vents and other protrusions, irregularities, or changes in contour
to provide space on the roof for walking around all solar collectors
and panels. For ground-mounted units, there shall be a minimum horizontal
clearance of 48 inches between array rows.
A.
Purpose and intent. The purpose of these regulations is to provide
utility-scale solar collector systems through performance criteria
that balance the unique characteristics of each site. In regulating
utility-scale collector systems, the Town has considered the compatibility
of utility-scale solar collector systems with the Town's comprehensive
plan and the character and aesthetic qualities of the community. The
Town has also considered the long-term effects of these systems on
property values and property use, the visual impact on the community,
the need to preserve open space and limited farmland as these systems
remove large tracts of land from service considering the long-term
nature of the use and the process of decommissioning and the difficulty
of restoring the land to an alterative use after decommissioning.
B.
Applicability.
(1)
Utility-scale solar collector systems shall be a permitted use in
the Commercial (C) District and the Industrial (I) District in the
Town of Coxsackie, subject to the issuance of a special use permit
and site plan approval by the Planning Board and the other requirements
as set forth herein.
(2)
Except as stated in Subsection B(1) of this section, utility-scale solar collection systems shall be prohibited in all other zoning districts within the Town.
(3)
Property utilized for utility-scale solar collection systems shall
have a single principal use which shall be solar collectors and appurtenances.
(4)
In any instances where specific permitted uses, area, or height standards,
development guidelines and/or review procedures specifically set forth
in this section conflict with any other general provision or requirements
of the Zoning chapter,[1] the particular provisions set forth herein shall take
precedence and control.
(5)
A utility-scale solar collector system may occupy up to 20% of the
area of the solar lot. The lot coverage shall be deemed to include
all land under or between any system components within the general
perimeter of the system as a whole, but shall not include the area
within the buffer between the system components and the surrounding
security fencing. The Planning Board may waive the maximum lot coverage
area of 20% up to a maximum of 50% of the area of the solar lot if
the project sponsor can show that increasing the lot coverage will
actually result in less environmental or visual impacts. The determination
as to whether a waiver is justified lies solely in the Planning Board.
C.
Permitting.
(1)
Special use permit required. No utility-scale solar energy collection
system shall be permitted except upon obtaining a special use permit
in accordance with the procedure and standards for special use permits
set out in Article XI of the Town of Coxsackie Zoning Law.[2] In addition to such standards, issuance of a special use
permit shall be contingent upon site plan review and satisfaction
of standards set forth hereafter in this article.
(2)
Site plan review required. Every application for a utility-scale
solar energy collection system shall be subject to site plan review
and approval, in accordance with Article X of this Zoning Law[3] regardless of whether the proposed utility-scale solar
energy collection system exceeds any threshold for site plan review
which is otherwise stated in such chapter. In conducting site plan
review for a utility-scale solar energy system, the Planning Board
may waive submissions that, in the Planning Board's judgment, are
inapplicable or are not relevant to the review of the proposed solar
system.
(3)
All applications for site plan and special use permit review for
utility-scale solar energy collection systems shall include the following:
(a)
Plans and drawings of the utility-scale solar energy system
installation signed by a professional engineer registered in New York
State showing the proposed layout of the entire utility-scale solar
energy system 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, and the special use permit.
(b)
Plan for clearing and/or grading of the site.
(c)
An electrical diagram detailing the utility-scale solar energy
system installation, associated components and electrical interconnection
methods, with all disconnects and over-current devices identified.
(d)
Access. The applicant shall indicate on a site plan all existing
and proposed access to the site, including road, electric power, emergency
access, land-based telephone line connection, and other utilities
existing and proposed within the property boundaries of the proposed
location. Existing roadways shall be used for access to the site whenever
possible and determined acceptable by the Planning Board through site
plan review.
(e)
A stormwater pollution prevention plan per New York State Department
of Environmental Conservation requirements to detail stormwater runoff
management and erosion control plans for the site.
(f)
Photo simulations shall be included showing the proposed utility-scale
solar energy system in relation to the building/site along the elevation
views and dimensions and manufacturer's specs and photos of the proposed
utility-scale solar energy system, solar collectors and all other
components.
(g)
Noise. Details of the proposed noise that may be generated by
inverter fans. The Planning Board shall require a noise analysis to
determine potential adverse noise impacts. Noise-producing equipment
shall be sited and/or insulated to minimize noise impacts on adjacent
properties as approved by the Planning Board during site plan review.
(h)
Statement co-signed by the applicant and the landowner: 1) that
the establishment of the proposed utility-scale solar energy system
shall not result in a tax penalty, pursuant to Section 305 or 306
of the New York State Agriculture and Markets Law, due to the conversion
of land to a nonagricultural use, which shall also state the last
year, if any, for which the subject lands received an agricultural
real property tax exemption; or 2) that the establishment of the proposed
utility-scale solar energy system may result in a tax penalty, pursuant
to Section 305 or 306 of the New York State Agriculture and Markets
Law, along with a statement indicating the most recent year, if any,
for which the subject lands received an agricultural real property
tax exemption, which shall also include a statement of the number
of acres to be converted from an agricultural to a nonagricultural
use and an estimate of the total amount of tax penalty to be imposed,
including interest. In the case of an application for a utility-scale
solar collector system to be located on private lands owned by a party
other than the applicant, a copy of the lease agreement with the property
owner shall be filed with the Building Department.
(i)
Part I of the Full Environmental Assessment Form (FEAF) filled
out.
(j)
Identification. Identification and contact information of the
responsible party to be notified in the event of emergency or for
any other reason, including the address for notices of the utility-scale
solar energy system owner/operator or designated party to receive
notice in the event of decommissioning and removal of the energy system.
If the party to receive notices or the address thereof changes at
any time, the applicant is required to notify the Town Clerk, in writing
of such change. This shall be a condition of any permit issued.
(k)
Costs. The Town of Coxsackie shall require any applicant to
pay all associated costs for any application review, including but
not limited to engineering, legal, environmental, planning and the
review required under this article or under SEQRA. When the Planning
Board or Zoning Board of Appeals determines that a review is anticipated
to require engineering, legal, environmental or planning costs, they
shall provide an estimate to the applicant. Subsequently, funds adequate
to cover such estimated costs shall be placed into escrow by the applicant
prior to commencement of any further Planning Board or Zoning Board
of Appeals review, and shall be replenished or increased at the direction
of either of such boards.
(l)
Proof of insurance. The applicant and the owners of the property
where the utility-scale solar collector system is to be located shall
file with the Building Department proof of insurance in a sufficient
dollar amount to cover potential personal and property damage associated
with construction and operation thereof as determined by the Planning
Board.
(m)
Utilities. The applicant shall provide written confirmation
that the electric grid has the capacity to support the energy generated
from the utility-scale solar collector system.
(n)
Plan for postconstruction maintenance of grounds and structures
and Town roadways.
(o)
Decommissioning plan.
(4)
General provisions on site plan review. In addition to the requirements
and standards set out elsewhere in the Zoning Law[4] of the Town of Coxsackie, every site plan review of a
utility-scale solar energy collection system shall include a public
hearing and site plan approval shall be subject to conformance to
the following:
(a)
All utility-scale solar energy systems shall adhere to all applicable
Town of Coxsackie building, plumbing, electrical and fire codes.
(b)
There shall be a minimum 100-foot buffer between any component
of the utility-scale solar energy system and each solar lot boundary
line. The Planning Board is authorized to increase the width of this
buffer, in its discretion, after analysis of site conditions and adjacent
land uses.
(c)
No component of any utility-scale solar energy system may be
located within 150 feet of any roadway, other than a private service
road used solely for access to the site of such energy system.
(d)
Security provisions. Each site shall have an eight-foot security
fence to prevent unauthorized access and vandalism to the utility-scale
solar collectors and a security program for the site as approved by
the Planning Board during site plan review. The height of the security
fence may be adjusted by the Planning Board considering visual impact
upon neighboring properties.
(e)
There shall be created and maintained within the security fence,
and between such fence and the components, structures, or fixtures
of the solar energy system, a clear and unobstructed buffer area at
least 25 feet in width encircling the entire perimeter of the facility,
with a surface and grade suitable for the safe passage of fire trucks
and other emergency vehicles.
(f)
Lands which have the highest ecological values as evidenced
by large, contiguous areas of forest, undisturbed drainage areas,
wetlands or NYS DEC identified critical habitats or rare plant and
animal populations shall be avoided.
(g)
Development and operation of the system shall not have a significant
adverse impact on fish, wildlife or plant species or their critical
habitats or other significant habitats identified by the Town of Coxsackie
or other federal or state regulatory agencies.
(h)
Previously cleared or disturbed areas are preferred locations
for solar panel arrays. The clearing of additional lands to accommodate
a proposed utility-scale solar energy system may be permitted, provided
the percentage of newly cleared land on any solar lot does not exceed
10% of the existing woodlands on that solar lot.
(i)
Arrays shall be located on a solar lot in such a manner as to
avoid, to the maximum extent feasible, soils classified as prime farmland
by the U.S. Department of Agriculture, New York State or the Natural
Resources Conservation Service.
(j)
Native grasses and native vegetation, preferably pollinator
friendly, shall be maintained below the arrays.
(k)
Visual. Utility-scale solar collector systems shall be sited
in a manner to have the least possible practical visual effect on
the environment. The landscaping plan shall include visual assessment
report, including appropriate modeling and simulations and photography
assessing the visibility from key viewpoints including existing tree
lines, surrounding topography, and proposed elevations shall be required.
(l)
Landscaping, screening and/or earth berming shall be provided
to minimize the potential visual impacts associated with the utility-scale
solar collector systems and its accessory buildings, structures and/or
equipment. Additional landscaping, screening and/or earth berming
may be required by the Town Board and/or the Planning Board to mitigate
visual and aesthetic impacts.
(m)
Any associated structure shall be screened, placed underground,
depressed, earth bermed or sited below a higher topographic grade
or the ridgeline to the greatest extent feasible, particularly in
areas of high visibility.
(n)
The utility-scale solar energy collection system, including
any associated fencing or proposed off-site infrastructure, shall
be located and screened in such a way as to avoid or minimize visual
impacts as viewed from:
(o)
Glare and heat. No unreasonable glare or heat shall be produced
that is perceptible beyond the boundaries of the lot on which such
use is situated. The design, construction, operation and maintenance
of any utility-scale solar energy system shall prevent the misdirection
and/or reflection of solar rays onto neighboring properties, public
roads and public parks in excess of that which already exists.
(p)
All structures and devices used to support solar collectors
shall be nonreflective and/or painted a subtle or earth-tone color
to aid in blending the facility into the existing environment.
(q)
All transmission lines and wiring associated with a utility-scale
solar energy system, including phone, shall be buried and include
necessary encasements in accordance with the National Electric Code
and Town of Coxsackie requirements. The applicant is required to show
the locations of all proposed electric utility 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 utility company's requirements for interconnection.
(r)
Lighting. A lighting plan shall be required. No utility-scale
solar collector system shall be artificially lighted unless otherwise
required by federal, state or local law. Exterior lighting may be
provided for associated accessory structures and access entrances
as may be determined appropriate for security or emergency services
purposes only.
(s)
Any signage used to advertise the utility-scale solar energy
system shall be in accordance with the Town of Coxsackie's signage
regulations. The manufacturers or installer's identification and appropriate
warning signage shall be posted at the site and clearly visible.
(t)
The height of the solar panel arrays shall not exceed 15 feet
and no part of any system structure or equipment shall exceed 15 feet
in height, when oriented at maximum height.
(u)
Following construction of a utility-scale ground-mounted solar
energy system, all disturbed areas where soil has been exposed shall
be re-seeded with native grass and/or planted with low-level native
vegetation capable of preventing soil erosion and airborne dust.
(v)
The applicant will be required to enter into a road maintenance
agreement with the Town in the event Town roads are utilized during
the construction or installation of the system. At the applicant's
expense, an engineer shall determine the baseline condition of the
Town roads prior to commencement of installation and the condition
at the end of construction. The Town intends that the applicant shall
be responsible for Town road restoration in the event the road condition
is less than the baseline condition established for the road affected.
D.
Requirements after approvals.
(1)
Any postconstruction changes or alterations to the utility-scale
solar energy system shall be done by amendment to the special use
permit and site plan review and approval, with public hearing and
subject to the requirements of this article.
(2)
After completion of a utility-scale solar energy system, the applicant
shall provide a postconstruction certification from a professional
engineer registered in New York State that the project complies with
applicable codes and industry practices and has been constructed and
is operating according to the approved plans. The applicant shall
further provide certification from the utility that the facility has
been inspected and connected.
(3)
After completion the applicant shall restore the Town roads, as required
under the road maintenance agreement, to the condition prior to construction.
(4)
Documentation from the utility company, verifying that the utility-scale
solar collector system is active, shall be provided annually to the
Town of Coxsackie Building Department.
(5)
Maintenance of the site and in particular the landscaping, berming
and fencing in accordance with the postconstruction maintenance agreement.
E.
Required sureties/insurance for construction, maintenance and removal
of utility-scale solar collector systems and indemnification.
(1)
Construction and maintenance. Prior to the issuance of a special
use permit for the utility-scale solar collector system and any associated
accessory structures, the applicant shall post a financial security
in an amount and form acceptable to the Town for the purposes of construction
and maintenance. The amount shall be up to 50% of the construction
value. Acceptable forms shall include, in order of preference: cash;
letter of credit; or a bond that cannot expire; or a combination thereof.
Such financial security will be used to guarantee compliance with
the conditions of the approval for the utility-scale solar collector.
If the owner of the site fails to comply with any conditions of the
approval during construction or as part of the long-term maintenance
of the site, all costs of the Town incurred to comply with conditions
of the approval shall be paid using the financial security provided
by the applicant. Failure to comply with the conditions of the approval
or to maintain an acceptable level of financial security will result
in revocation of the special use permit and/or certificate of occupancy.
(2)
Indemnification. The applicant, owner, and operator of the utility-scale
solar energy collection system shall release and hold harmless the
Town of Coxsackie and all of its officers, officials, employees, appointees,
agents, and servants from and against any and all liability and responsibility
for any and all accidents, injuries and/or damages of any kind to
persons (including death) or property arising out of the installation,
construction, operation, maintenance, repair or removal of such system.
The applicant, owner and operator shall indemnify and hold harmless
the Town of Coxsackie and its officers, officials, employees, appointees,
agents and servants from any and all claims, suits, actions, damages,
awards, judgments and costs of every nature, including reasonable
attorneys' fees, arising out of the installation, construction, operation,
maintenance, repair or removal of such system.
(3)
Insurance. The operator of a utility-scale solar energy collection
system shall obtain and maintain insurance, issued by an insurer authorized
to do business in New York State, to the specifications and in an
amount approved by the Planning Board. Such insurance shall name the
Town of Coxsackie as an additional insured party. The certificate
of insurance shall contain a provision that coverage afforded under
the applicable policy shall not be cancelled or terminated until at
least 30 days' prior notice has been provided to the Town. In the
event of a termination, cancellation, or lapse of the required insurance
coverage, the special use permit to operate the energy system shall
be immediately suspended and operation of the system shall cease.
Upon restoration of the required insurance coverage, to the satisfaction
of the Town, permission to operate may be restored.
F.
Abandonment or decommissioning of utility-scale solar energy systems.
(1)
To ensure the proper removal of utility-scale energy systems, a decommissioning
plan shall be submitted as part of the special use application. Compliance
with this plan shall be made a condition of the issuance of a special
use permit under this section. The decommissioning plan applies to
the applicant and to any subsequent owner or operator of the subject
parcel or solar energy facility or their successors. A cost estimate
detailing the projected cost of executing the decommissioning plan
shall be prepared by a professional engineer or contractor. Cost estimates
shall take into account inflation. Removal of utility-scale solar
energy systems must be completed in accordance with the decommissioning
plan.
(2)
A utility-scale solar energy system which has been inactive for a
period of one year shall be decommissioned and removed at the owner/landowner,
applicant or operator's expense, and the site remediated within 120
days. This obligation shall be binding upon applicant's, owner's,
landowner's and/or operator's successors and/or assigns. Upon such
failure to either maintain operation or decommission the system as
provided for herein, the special use permit and/or certificate of
occupancy issued in relation to such system or facility shall terminate.
Decommissioning and remediation shall include removal of the energy
system and all its components, associated structures, fixtures, equipment,
fencing and other improvements, including any subsurface wires, footings
or other elements from the parcel. Any access roads created for building
or maintaining the system shall also be removed and replanted with
vegetation. The site terrain shall be restored and regraded, if necessary,
to a condition generally comparable to its original condition and
replanted with native vegetation.
(3)
All safety hazards created by the installation and operation of the
utility-scale solar energy system shall be eliminated and the site
remediated within six months of the removal of the utility-scale solar
energy system.
(4)
Prior to the issuance of any permits, the Planning Board will require the applicant to submit a performance/removal bond or other financial security, as directed by and satisfactory to the Planning Board, upon advice of the Town's attorney, engineer or other professional experts, based upon the decommissioning cost estimate in an amount satisfactory to the Town of Coxsackie, to ensure the removal of the system, its components and associated structures, fixtures, equipment, fencing or other improvements and the remediation of the site; the bond or financial security shall not expire. Such financial security will be used to guarantee removal of the utility-scale solar collector system should the system be abandoned. In the event that the utility-scale solar energy system is not removed within one year of becoming inactive or the site is not remediated and restored to a condition approved by the Planning Board, the Town of Coxsackie, by resolution of the Town Board after 30 days' written notice and opportunity of the landowner and system operator to be heard, may cause the same to be removed and the site remediated using the financial security. Notice sent by first class U.S. Mail to the property owner, as reflected in the Town real property records, to the mailing address set forth therein, and to the energy system owner/operator, at the address for notice set forth in the application, as may be amended or superseded by written notice to the Town Clerk, shall be sufficient notice. Abandonment shall be assumed by the Town if the annual documentation as required in Subsection D(4) above is not provided by the owner, applicant or lessee for one year. If the owner, applicant or lessee fails to remove any associated structures or restore the site to the condition approved by the Planning Board, all costs of the Town incurred to comply with this condition shall be paid using the financial security provided by the applicant.
The Town Board may set application, review and/or approval fees
for solar energy collection systems by resolution, from time to time,
as it deems appropriate.
[Adopted 11-10-2022 by L.L. No. 2-2022]
This article may be cited as the "Solar Energy System PILOT
Law of the Town of Coxsackie, New York."
This article is adopted to ensure that the benefits of the community's
solar energy resource are available to the entire community, by promoting
the installation of solar energy generating equipment through a payment-in-lieu-taxes
(PILOT), granting reduced costs to system developers and energy consumers,
and providing a revenue stream to the entire community.
This article is adopted under the authority granted by:
As used in this article, the following terms shall have the
meanings indicated:
The payment due under a PILOT Agreement entered into pursuant
to Real Property Tax Law § 487(9).
January 1 of each year.
The manufacturer's nameplate capacity of the solar energy
system as measured in kilowatts (kW) or megawatts (MW) AC.
The owner of the property on which a Solar Energy System
is located or installed, their lessee, licensee or other person authorized
to install and operate a solar energy system on the property.
A solar energy system with a nameplate generating capacity
less than 50 kW AC in size, installed on the roof or the property
of a residential dwelling (including multi-family dwellings), and
designed to serve that dwelling.
Collectors, controls, energy storage devices, heat pumps and
pumps, heat exchangers, windmills, and other materials, hardware or
equipment necessary to the process by which solar radiation is:
It does not include pipes, controls, insulation or other equipment
which are part of the normal heating, cooling, or insulation system
of a building. It does include insulated glazing or insulation
to the extent that such materials exceed the energy-efficiency standards
required by New York law.
An arrangement or combination of solar energy equipment designed
to provide heating, cooling, hot water, or mechanical, chemical, or
electrical energy by the collection of solar energy and its conversion,
storage, protection and distribution.
A.
The owner of a property on which a solar energy system is located
or installed (including any improvement, reconstruction, or replacement
thereof), shall enter into a PILOT agreement with the Town of Coxsackie
consistent with the terms of this article, excepting:
B.
The lessee or licensee of any owner of a property required to enter
into a PILOT agreement by this section, which owns or controls the
solar energy system, may enter into the PILOT agreement on behalf
of the owner of the property.
C.
Upon receipt of any notification from an owner or other person of
intent to install a solar energy system, the Town Supervisor or his/her
designee shall immediately, but in no case more than 60 days after
receipt of the notification, notify the owner or other person or party
of the requirement to enter into a PILOT agreement pursuant to the
terms of this article.
D.
Nothing in this article shall exempt any requirement for compliance
with state and local codes for the installation of any solar energy
equipment or a solar energy system, or authorize the installation
of any solar energy equipment or a solar energy system. All solar
energy systems must file a real property tax exemption application
pursuant to Real Property Tax Law § 487 to receive a tax
exemption.
Each PILOT agreement entered into shall include:
A.
Name and contact information of the owner or other party authorized
to act upon behalf of the owner of the solar energy system.
B.
The tax ID for each parcel or portion of a parcel on which the solar
energy system will be located.
C.
A requirement for fifteen successive annual payments, to be paid
commencing on the first annual payment date after the effective date
of the real property tax exemption granted pursuant to Real Property
Tax Law § 487.
D.
The capacity of the solar energy system, and that if after the commencement
date, the capacity is increased as a result of the replacement or
upgrade of existing project equipment or property or the addition
of new project equipment or property, the annual payments shall be
increased on a pro rata basis for the remaining years of the agreement.
E.
That the parties agree that under the authority of Real Property
Tax Law § 487 the solar energy system shall be considered
exempt from real property taxes for the fifteen-year life of the PILOT
agreement.
F.
That the PILOT agreement may not be assigned without the prior written
consent of the Town of Coxsackie, which consent may not be unreasonably
withheld if the assignee has agreed in writing to accept all obligations
of the owner, except that the owner may, with advance written notice
to the Town of Coxsackie, but without prior consent, assign its payment
obligations under the PILOT agreement to an affiliate of the owner
or to any party who has provided or is providing financing to the
owner for or related to the solar energy system, and has agreed in
writing to accept all payment obligations of the owner.
G.
That a notice of this agreement may be recorded by the owner at its
expense, and that the Town of Coxsackie shall cooperate in the execution
of any notices or assignments with the owner and its successors.
H.
That the annual payment shall be:
(1)
For solar energy systems with a capacity greater than 50 kW, $8,750
per MW of capacity.
(2)
Notwithstanding anything to the contrary the annual payment referenced
herein shall constitute the entire annual PILOT payment due to all
taxing authorities in the jurisdiction and shall be apportioned pursuant
to the applicable tax rates in place at the time of execution of said
PILOT agreement.
(3)
Notwithstanding anything to the contrary within this provision, the
annual PILOT payment shall not include any special ad valorem levies
and special assessments.
I.
That the annual payment shall escalate 2% per year, starting with
the second annual payment.
J.
That if the annual payment is not paid when due, that upon failure
to cure within 30 days, the Town of Coxsackie may cancel the PILOT
agreement without notice to the owner, and the solar energy system
shall thereafter be subject to taxation at its full assessed value.
Should any provision of this article be declared by the courts
to be unconstitutional or invalid, such decision shall not affect
the validity of this article as a whole or any part thereof other
than the part so decided to be unconstitutional or invalid.
This article shall be effective upon its filing with the Secretary
of State in accordance with the Municipal Home Rule Law, and shall
apply to all solar energy systems constructed.
