[HISTORY: Adopted by the Town Board of the Town of Galway 2-11-2020 by L.L. No. 1-2020. Amendments noted where applicable.]
Because it is in the public interest to provide for and encourage
renewable energy systems and a sustainable quality of life, the purpose
of this chapter is to facilitate the development and operation of
renewable energy systems based on sunlight. Minor solar collection
systems are appropriate in all zoning districts when measures are
taken, as provided in this chapter, to minimize adverse impacts on
neighboring properties and protect the public health, safety and welfare.
Major solar collection systems are allowed only in the Agricultural
Residential (AR) and Commercial districts when measures are taken,
as provided in this chapter, to minimize adverse impacts on neighboring
properties and protect the public health, safety and welfare.
As used in this chapter, the following terms shall have the
meanings indicated:
An area of land or other area used for a solar collection
system principally used to capture solar energy and convert it to
electrical energy to transfer to the public electric grid in order
to sell electricity to or receive a credit from a public utility entity,
but which also may be for on-site use. Major solar collection systems
consist of one or more freestanding ground- or roof-mounted solar
collector devices, solar-related equipment and other accessory structures
and buildings, including light reflectors, concentrators, heat exchangers,
substations, electrical infrastructure, transmission lines and other
appurtenant structures and facilities in which the total surface area
of all solar collectors exceeds 2,000 square feet. Major systems are
allowed only in the Agricultural Residential (AR) Zoning District
of the Town, except that roof-mounted systems are also allowed in
all districts.
A solar photovoltaic cell, panel or array, or solar hot air
or water collector device, which relies upon solar radiation as an
energy source for collection, inversion, storage and distribution
of solar energy for electricity generation or transfer of stored heat,
secondary to the use of the premises for other lawful purposes, with
the total surface area of all solar collectors of such system not
to exceed 2,000 square feet; roof- or building-mounted systems are
exempt. Minor collection systems are allowed in all zoning districts
of the Town.
A.
Rooftop
and building-mounted solar collectors are permitted in all zoning
districts in the Town. Building permits shall be required for installation
of rooftop and building-mounted solar collectors.
B.
Ground-mounted
and freestanding solar collectors shall be permitted as accessory
structures in all zoning districts of the Town, subject to the following
additional requirements for a building permit:
(1)
The
location of the solar collectors meets all applicable setback requirements
of the zone in which they are located.
(2)
The
height of the solar collectors and any mounts shall not exceed 15
feet in height above ground when oriented at maximum tilt.
(3)
The
total surface area of all solar collectors on the lot shall not exceed
the percentage of lot coverage per zoning district when combined with
all other buildings and structures on the lot.
(4)
A building
permit has been obtained for the solar collectors.
(5)
The
solar collectors shall be located in a side or rear yard.
(6)
Solar
collectors and other facilities shall be designed and located in order
to prevent reflective glare toward any inhabited buildings or neighboring
properties and roads year-round.
(7)
Landscaped
buffer shall be provided around all equipment and solar collectors
to provide screening from adjacent or neighboring residential properties
and roads year-round.
C.
The building
permit review shall include review of the adequacy, location, arrangement,
size, design and general site compatibility of proposed solar collectors.
D.
All solar
collector installations must be performed in accordance with applicable
electrical and building codes, the manufacturer's installation instructions
and industry standards, and prior to operation the electrical connections
must be inspected by the Town Code Enforcement Officer or by an appropriate
electrical inspection person or agency, as determined by the Town.
In addition, any connection to the public utility grid must be inspected
by the appropriate public utility.
E.
When solar
storage batteries are included as part of the solar collector system,
they must be placed in a secure container or enclosure meeting the
requirements of the New York State Building Code when in use and when
no longer used shall be disposed of in accordance with the laws and
regulations of Saratoga County and other applicable laws and regulations.
F.
If a solar
collector ceases to perform its originally intended function for more
than 12 consecutive months, the property owner shall remove the collector,
mount and associated equipment and facilities no later than 90 days
after the end of the twelve-month period.
A.
Where applicable,
and unless more restrictive regulations apply, the requirements of
article of this chapter (special permitted uses regulations) shall
also apply to installations for major collection systems.
B.
Major systems
shall be constructed pursuant to a special use permit from the Town
Planning Board and must meet the criteria set forth below and obtain
all other necessary approvals.
C.
Areas of
potential sensitivity:
(1)
One-hundred-year
flood hazard zones considered a V or AE zone on the FEMA flood maps.
(2)
Historic
and/or culturally significant resources in a historic district or
historic transition zone.
(3)
Within
100 feet landward of a freshwater wetland.
(4)
Adjacent
to or within the control zone of any airport.
D.
Major systems
shall be permitted in the Agricultural Residential (AR) and Commercial
districts of the Town only when authorized by special use permit from
the Planning Board subject to the following terms and conditions:
(1)
The
total coverage of all buildings and structures on a lot, including
freestanding solar panels, shall not exceed the percentage of lot
coverage per zoning regulations per district.
(2)
Height
and setback restrictions.
(a)
The
maximum height for freestanding solar panels located on the ground
or attached to a framework located on the ground shall not exceed
15 feet in height above the ground.
(b)
The
minimum setback from property lines shall be 25 feet.
(c)
A
landscaped buffer shall be provided around all equipment and solar
collectors to provide screening from neighboring residential properties
and roads year-round.
(3)
Design
standards.
(a)
Removal
of trees and other existing vegetation should be minimized or offset
with planting elsewhere on the property.
(b)
Roadways
within the site shall not be constructed of impervious materials and
shall be designed to minimize the extent of roadways constructed and
soil compaction.
(c)
All
on-site utility and transmission lines shall, to the extent feasible,
be placed underground.
(d)
Solar
collectors and other facilities shall be designed and located in order
to prevent reflective glare toward any inhabited buildings or neighboring
properties and roads.
(e)
All
electrical equipment, including any structure for batteries or storage
cells, shall be enclosed by a minimum six-foot-high fence with a self-locking
gate and provided with landscaping screening.
(f)
A
major system to be connected to the utility grid shall provide a "proof
of concept" letter from the utility company acknowledging that the
major system will be connected to the utility grid in order to sell
electricity to the public utility.
(4)
Signs.
(a)
A
sign that shall not exceed eight square feet shall be displayed on
or near the main access point and shall list the facility operator's
name, owner and emergency phone number.
(b)
A
clearly visible warning sign concerning voltage must be placed at
the base of all pad-mounted transformers and substations.
(c)
Disconnects
are to be clearly marked.
A.
All applications
for a major system shall be accompanied by a decommissioning plan
and associated bond to be implemented upon abandonment, or cessation
of activity, or in conjunction with removal of the facility, prior
to issuance of a building permit.
B.
If the applicant
begins but does not complete construction of the project within 12
months after receiving final site plan and special use permit approval,
this may be deemed abandonment of the project and require implementation
of the decommissioning plan to the extent applicable.
C.
The decommissioning
plan must ensure the site will be restored to a useful, nonhazardous
condition without delay, including, but not limited to, the following:
(1)
Removal
of aboveground and below-ground equipment, structures and foundations.
(2)
Restoration
of the surface grade and soil after removal of equipment.
(3)
Revegetation
of restored soil areas with native seed mixes, excluding any invasive
species.
(4)
The
plan shall include a time frame for the completion of site restoration
work.
D.
In the event
that the facility is not completed and functioning within 12 months
of the issuance of the final site plan and special use permit approval,
the Town may notify the operator and/or the owner to complete construction
and installation of the facility or implement the decommissioning
plan within 180 days. The completion of construction or the decommissioning
plan must be completed within 180 days of notification by the Town.
E.
Upon cessation
of activity of a constructed facility for a period of one year, the
Town may require the owner and/or operator of the facility by written
notice to implement the decommissioning plan. Within 180 days of notice
being served, the owner and/or operator can either restore operation
equal to 80% of approved capacity or complete the decommissioning
plan.
F.
If the owner
and/or operator fails to fully implement the decommissioning plan
within the 180-day period, the Town may, at its discretion, provide
for the restoration of the site in accordance with the decommissioning
plan and may recover all expenses incurred for such activities from
the defaulting owner and/or operator. The cost incurred by the Town:
1) shall be assessed against the property, shall become a lien and
tax upon the property, and shall be enforced and collected with interest
by the same officer and in the same manner as other taxes; and/or
2) recovered from the bond or letter of credit posted by the operator/owner;
and/or 3) recovered by any other appropriate legal means. The owner
and operator give the Town and its representatives permission to enter
upon the land to inspect and remove inactive solar collection systems
as a condition of approval.
Where a special use permit and/or site plan is required for
a major solar collection system, they are required to be renewed every
five years for a maximum permitted life of 20 years. An annual operating
permit shall be required for all major solar collection systems.
The applicant shall submit to the Board a letter of intent committing the landowner,
and his/her successors in interest, to notify the Building Department
within 30 days of the discontinuance of use of the major or minor
solar collection system. This letter shall be filed with the Building
Department and Planning Board prior to issuance of a building permit
(assuming the solar collection system is approved according to this
chapter). Failure to notify and/or to remove the inoperative or unused
solar collection system in accordance with these regulations shall
be a violation of this chapter and shall be punishable according to
the Town of Galway Zoning Code.[1]
The Planning Board shall also require the submission of a bond
or letter of credit guaranteeing the removal of a major solar collection
system as a condition of approval. To determine the amount, the applicant
must submit an estimate on a qualified contractor's letterhead of
the cost to remove the proposed equipment and remediate any potential
residuals on the property at the current rate. The Building Department
will review the estimate and approve, disapprove, or approve with
revisions. The bond or letter of credit amount shall be increased
by 10% at each five-year renewal, to be used in the event that the
property owner fails to remove the major solar collection system if
it becomes inoperative, unused or reaches its maximum permitted life.
The site shall be restored to as natural a condition as possible within
three months of the removal.
The tax exemption provided by § 487 of the New York Real
Property Tax Law (RPTL), as amended from time to time, shall not apply
to any solar energy equipment/systems, farm and plant applications
in the Town of Galway. The Town of Galway hereby gives notice to any
owner of property that proposes to construct a solar collection system
that the Town hereby elects to opt out of providing the tax exemption
otherwise available under RPTL § 487 for solar energy equipment,
systems, farms or plant applications.
