[HISTORY: Adopted by the Town Board of the Town of Hyde Park 11-28-2016 by L.L. No. 11-2016. Amendments noted where applicable.]
Solar energy is a renewable and nonpolluting energy resource
that can prevent fossil fuel emissions and reduce a municipality's
energy load. Energy generated from solar energy systems can be used
to offset energy demand on the grid where excess solar power is generated.
The use of solar energy equipment for the purpose of providing electricity
and energy for heating and/or cooling is a priority and is a necessary
component of the Town of Hyde Park's current and long term sustainability
agenda. It is also consistent with the commitment of Hyde Park to
be a "climate smart" community. 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
while minimizing adverse impacts on neighboring properties so as to
protect the public health, safety and welfare.
As used in this chapter, the following terms shall have the meanings indicated, unless the context or subject matter requires others. The definitions set forth in § 108-2 of this Code shall also apply where appropriate.
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, electricity or other
forms of energy on site and which may be attached to or be separate
from the principal structure.
A solar energy system that consists of integrating photovoltaic
modules into the building structure, such as the roof or the facade
and which does not alter the relief of the roof.
Solar installations owned collectively through subdivision
homeowner associations, condominium associations, "adopt-a-solar-panel"
programs, or other similar collective arrangements.
A photovoltaic panel or tile that is installed flush to the
surface of a roof and which cannot be angled or raised.
A solar energy system that is directly installed in the ground
and is not attached or affixed to an existing structure. Pole-mounted
solar energy systems shall be considered freestanding or ground-mounted
solar energy systems for purposes of this chapter.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the public utility grid so that they only pay for their net electricity
usage at the end of the month or year.
The Town's Zoning Enforcement Officer and Building Inspector
who are together charged with granting permits for the operation of
solar systems.
A solar energy system that produces electricity by the use
of semiconductor devices, called photovoltaic cells that generate
electricity whenever light strikes them.
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment 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's permit granting authority 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
parts from other parts of electrical equipment and to determine the
nominal voltage of exposed live parts.
A solar power system in which solar panels are mounted on
top of the structure of a roof either as a flush-mounted system or
as modules fixed to frames which can be tilted toward the south at
an optimal angle.
The required minimum distance from the property line to the
nearest part of the structure measured at right angles to the property
line within which a freestanding or ground-mounted solar energy system
is installed.
For purposes of this chapter, the term "small-scale solar" refers to solar photovoltaic systems or solar thermal that produce up to 12 kilowatts (kW) per hour of energy or solar thermal systems which serve the building to which they are attached or one associated with and do not provide energy for any other buildings in accordance with §§ 130-5 and 130-6 of this chapter.
Space open to the sun and clear of overhangs or shade, including
the orientation of streets and lots to the sun so as to permit the
use of active and/or passive solar energy systems on individual properties.
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 the generation of electricity or transfer of stored
heat.
An easement recorded pursuant to New York Real Property Law
§ 335-b, the purpose of which is to secure the right to
receive sunlight across real property of another for continued access
to sunlight necessary to operate a solar collector.
Solar collectors, controls, energy storage devices, heat
pumps, heat exchangers, and other materials, hardware or equipment
necessary to the process by which solar radiation is collected, converted
into another form of energy, stored, protected from unnecessary dissipation
and distributed. Solar systems include solar thermal and photovoltaic.
For the purposes of this chapter, a solar energy system does not include
any solar energy system of four square feet in size or less.
Energy 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 with the primary purpose of wholesale or retail sales
of electricity.
A device for the direct conversion of solar energy into electricity.
A device that stores energy from the sun and makes it available
in an electrical form.
Solar energy systems that directly heat water or other liquid
using sunlight. The heated liquid is used for such purposes as space
heating and cooling, domestic hot water and heating pool water.
A.
The requirements of this chapter shall apply to all solar energy
systems and equipment installations modified or installed after the
effective date of this chapter.
B.
Solar energy system installations for which a valid building permit
has been issued or, if no building permit is presently required, for
which installation has commenced before the effective date of this
chapter, shall not be required to meet the requirements of this chapter.
C.
All solar energy systems shall be designed, erected and installed
in accordance with all applicable codes, regulations and industry
standards as referenced in the New York State Building Code and the
Town Code.
D.
Solar collectors, unless part of a solar farm or solar power plant,
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 collective solar installations or the sale of excess power
through a net-billing or net-metering arrangement in accordance with
New York Public Service Law § 66-j or similar state or federal
statute.
A.
Rooftop or building-mounted solar systems shall be permitted in all
zoning districts pursuant to a solar system building permit granted
by the Town's Building Inspector and Zoning Administrator and
subject to the requirements of this chapter.
B.
Rooftop or building-mounted solar systems, which are to be located
in the Town's Historic Overlay District or Scenic Overlay District
shall, in addition to a solar system building permit, require site
plan approval by the Planning Board.
C.
Freestanding or ground-mounted solar energy systems shall be permitted
in all zoning districts, subject to the issuance of a solar system
building permit and site plan approval by the Planning Board.
D.
Solar farms shall be permitted only in the Greenbelt Zoning District
subject to a solar system building permit and a special use permit
and site plan approval by the Planning Board.
E.
Building-integrated photovoltaic (BIPV) systems are permitted in
all zoning districts, provided that they are shown on the plans submitted
for the building permit application for the building containing the
system approved by the Town's Building Inspector and Zoning Administrator.
F.
Solar thermal systems are permitted in all zoning districts, subject
to the conditions set forth hereinafter.
A.
Rooftop and building-mounted solar collectors may exceed the maximum
height prescribed for principal or accessory uses for the applicable
zoning district, but only to the extent necessary as determined by
the Planning Board to achieve the intended purpose of the solar collectors.
Such determination shall be made in consideration of the subject property's
natural and proposed characteristics, including, but not necessarily
limited to, topography, existing and proposed vegetative buffers and
proximity to residential and/or commercial uses.
B.
Firesafety and emergency access. All such installations shall comply
with the New York State Uniform Fire Prevention and Building Code
(the "State Code") to insure firefighter and other emergency responder
safety and access.
Freestanding and ground-mounted solar collections shall be subject
to the following conditions:
A.
In all districts, a lot must have a minimum size of 40,000 square
feet in order for a freestanding or ground-mounted solar collector
to be permitted.
B.
The location of a ground-mounted or freestanding solar collector
shall comply with the setback requirements for accessory buildings,
as set forth in the Code.
C.
No ground-mounted or freestanding solar collectors shall be permitted
in the front yard, except on vacant properties.
D.
The height of the solar collector and any mount shall not exceed
20 feet when oriented at a maximum tilt.
E.
Ground-mounted and freestanding solar collectors shall be screened
as much as possible and practicable from adjoining lots and street
rights-of-way through the use of architectural features, earth berms,
landscaping, fencing or other screening which will harmonize with
the character of the property and surrounding area. The proposed screening
shall not, however, interfere with the normal operation of the solar
collectors.
F.
Solar energy equipment shall be located in a manner to reasonably
minimize blockage of sunlight for surrounding properties and shading
of property to the north while still providing adequate solar access
for collectors.
G.
Solar energy equipment shall not be sited within any required buffer
areas.
H.
The total surface area of all ground-mounted and freestanding solar collectors on a lot shall not exceed the area of the ground covered by the building structure of the largest building on the lot measured from the exterior walls, excluding patios, decks, balconies, screened and open porches and attached garages. Installations on nonresidential properties exceeding the size may be approved by the Planning Board subject to site plan review pursuant to § 108-9.
I.
The area beneath ground-mounted and freestanding solar collectors
shall be included in calculating whether the lot meets maximum permitted
lot building coverage and lot surface coverage requirements for the
applicable district, notwithstanding that the collectors are not "buildings."
J.
The installation of ground-mounted and freestanding solar collectors shall be considered a development or development activity for purposes of Chapter 93, Stormwater Management, of the Town Code of the Town of Hyde Park.
K.
Solar thermal systems shall comply with the following conditions:
L.
All solar energy systems and equipment shall be permitted only if
they are determined by the Town Building Inspector and Zoning Administrator
not to present any unreasonable safety risks including, but not limited
to, the following:
M.
Prevention of glare. All solar collectors and related equipment shall
be surfaced, designed and sited so as not to reflect glare onto adjacent
properties.
A.
All solar collector installations must be performed by a qualified
solar installer.
B.
Prior to operation, electrical connections must be inspected by the
Town's Building Inspector and by an appropriate electrical inspection
person or agency, as determined by the Town.
C.
Any connection to the public utility grid must be inspected by the
appropriate public utility.
D.
Solar energy systems shall be maintained in good working order.
E.
Rooftop and building-mounted solar collectors shall meet New York's
Uniform Fire Prevention and Building Code standards.
F.
If 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 the Town and other applicable laws and regulations.
G.
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 by no later than 90 days
after the end of the twelve-month period.
H.
Marking of equipment.
(1)
Solar emergency systems and equipment 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)
For commercial application, the marking shall be placed adjacent
to the main service disconnect in a location clearly visible from
the location where the lever is operated.
[Amended 12-16-2019 by L.L. No. 12-2019]
Solar farms shall be permitted in the Greenbelt District as an "electric generating" use subject to special permit and site plan review and approval by the Planning Board in accordance with the following requirements, in addition to the requirements of § 130-6 of this chapter:
A.
In addition
to any other submitted requirements for issuance of a special use
permit and site plan approval, the applicant shall submit the following
information:
(1)
A soil
map of the parcel on which the solar energy system is to be located,
based upon the Dutchess County Soil and Water Conservation District
soil mapping and/or other suitable resources showing any federal or
state wetlands, streams or other bodies of water, prime agricultural
land, slope and 100-year and 150-year floodplains.
(2)
A map
showing property lines and physical features, including access drives
and roads for the project site.
(3)
Proposed
changes to the landscape of the site, grading, vegetation clearing
and planting, exterior lighting, and screening vegetation or structures.
(4)
Drawings
showing the location and size of all proposed towers or utility lines.
(5)
A one-
or three-line electrical diagram detailing the solar energy system
layout, solar collector installation, associated components, and electrical
interconnection methods, with all National Electrical Code compliant
disconnects and over current devices.
(6)
Name,
address, and contact information of proposed or potential system installer
and the owner and/or operator of the solar energy system. If the final
system installer is different, the requested information for such
final installer shall be submitted prior to the issuance of a building
permit.
(7)
Name,
address, phone number, and signature of the project applicant, as
well as all property owners, demonstrating their consent to the application
and the use of the property for the solar energy system.
(8)
Property
operation and maintenance plan. Such plan shall describe continuing
photovoltaic maintenance and property upkeep, such as mowing and trimming.
(9)
If
the operator of the solar facility will be leasing the property on
which the facility is to be operated, a copy of the fully executed
ground lease agreement between the operator and property owner must
be submitted.
(10)
Stormwater
management plans prepared to New York State Department of Environmental
Conservation standards, if applicable, and to such standards as may
be established by the Planning Board.
(11)
Blueprints
signed by a professional engineer or registered architect of the solar
energy system showing the layout of the system.
(12)
Equipment
specification sheets for all photovoltaic panels, significant components,
mounting systems, and inverters to be installed.
(13)
A
description of any clearing of trees incident to construction of the
system.
(14)
In
the course of its review of a proposal for development of a solar
farm, the Planning Board may require an applicant to submit a viewshed
analysis meeting the procedures identified within the New York State
Department of Environmental Conservation’s SEQRA publication
entitled "Assessing and Mitigating Visual Impacts:" http://www.dec.ny.gov/documents/permits_ej_operations_pdf/
visual_2000.pdf.
(15)
Such
other documentation and information as the Planning Board deems necessary
for adequate review of the application.
B.
No solar
farm shall be permitted:
(1)
On
federal or state wetlands, required buffer areas, adjacent areas and/or
stream corridors unless permits and/or approvals are obtained from
the Town, United States Army Corps of Engineers or DEC, as the case
may be;
(2)
Ecologically
sensitive land or water resources. For purposes of this provision,
the term "ecologically sensitive land" shall include, but shall not
necessarily be limited to, land identified as potential habitat for
endangered, threatened and/or rare species; land within floodplains
or containing steep slopes (10% grade or more). If the property contains
ecologically sensitive land or water resources which can be adequately
protected by conditions imposed on, or modifications to, the project,
the project can be approved with appropriate modifications and/or
conditions;
(3)
On
land subject to conservation or agricultural easements the terms of
which easement would preclude construction of a solar farm; or
(4)
To
remove prime agricultural land or farmland of statewide importance
from potential agricultural production.
C.
The installation
of the solar farm facility shall cause neither the cutting of more
than 50% of the trees of six inches or more in diameter at breast
height over any continuous land area of 1/4 acre nor overall site
disturbance caused by grading, tree removal or other work on the solar
farm site and its access exceeding a total of five acres.
D.
The parcel
on which a solar farm is sited shall be a minimum of 10 acres.
E.
No solar
farm shall be larger than 30 acres, including the area within the
fencing.
F.
No part
of any structure shall be closer than 100 feet to any property line
or to the right-of-way of any public road. However, the Planning Board
shall have the authority to impose greater setbacks as it determines
necessary to preserve the rural character and scenic qualities of
the surrounding community or to mitigate adverse visual impacts of
the solar farm facility.
G.
Solar farms
shall be enclosed by perimeter fencing, eight feet in height and set
back at a sufficient distance from all components of the solar installation
to restrict unauthorized access or other safety hazard. The type of
perimeter fencing shall be subject to approval by the Planning Board.
H.
Agricultural
uses, including the raising of organic crops and small animals such
as sheep, rabbits and chickens, may be carried out within the fenced
perimeter of a solar farm in accordance with the Zoning Code.
I.
The ground
within the fenced perimeter of a solar farm shall not be tamped, compressed,
or otherwise specially conditioned with herbicides, pesticides or
similar other treatments to inhibit the growth of natural vegetation.
Where raising of small animals is not proposed, the Planning Board,
in its discretion, may specify appropriate "pollinator" or "conservation"
seed mixes to be planted and established.
J.
The manufacturer's
or installer's identification and appropriate warning signage and
emergency contact information shall be posted at the site and clearly
visible.
K.
Solar farm
buildings and accessory structures shall, to the maximum extent practicable,
use materials, colors and textures that will blend the facility into
the existing environment. Appropriate landscaping and/or screening
materials shall be required to help screen the solar power plant and
accessory structures from scenic roadways, park lands, historic properties
and neighboring residences to the maximum extent possible.
L.
The height
of the solar panel arrays shall not exceed 12 feet.
M.
Solar farm
panels and equipment shall be surfaced, designed, and sited so as
not to reflect glare onto adjacent private properties and public roadways.
N.
There shall
be no outdoor lighting associated with the solar farm unless except
as considered desirable for activation in the case of an emergency.
O.
The use
of paving and concrete shall be minimized in the design and construction
of a solar farm.
P.
Any on-site
power lines shall, to the maximum extent practicable, be underground
installations.
(1)
The solar
farm may contain a battery energy storage system designed to provide
electrical power to the solar farm facility on a stand-by or emergency
basis. Complete plans and specifications for the battery storage system
shall be submitted in conjunction with the solar farm application.
The battery energy storage system shall be subject to the same site
plan requirements as the solar farm structure and infrastructure including,
but not limited to, setback height restrictions and landscaping and/or
screening requirements.
Q.
Decommissioning.
(1)
All
site plan applications for solar farms shall be accompanied by a decommissioning
plan to be implemented upon abandonment, or cessation of activity
for 12 consecutive months, or in conjunction with removal of the structure
including any battery energy storage system. The decommissioning plan
shall acknowledge the above requirements and explain how the removal
of all aboveground material and the remediation of soil and vegetation
shall be conducted to return the parcel to its original state prior
to construction. The plan shall also include an expected timeline
for execution which shall in no event exceed one year. As part of
the plan, the applicant shall also acknowledge that should the removal
not occur in accordance with the plan, the Town may remove the system
and restore the property and impose a lien on the property to cover
any costs to the Town exceeding those covered by the bond or other
performance guarantee.
(2)
The
decommissioning plan for the battery energy storage system shall be
developed in accordance with the Uniform Code and shall contain a
narrative description of the activities to be accomplished for removing
the battery energy storage system from service and from the solar
facility in which it is located. The said decommissioning plan shall
also include:
(a)
The anticipated life of the battery energy storage system;
(b)
The estimated decommissioning cost;
(c)
How said estimate was determined;
(d)
The manner in which the battery energy storage system will be decommissioned
and the site restored; and
(e)
A listing of any contingencies for removing an intact operational
battery energy storage system from service and for removing an battery
energy storage system from service that has been damaged by fire or
other event.
(3)
The
site shall be restored to as natural a condition as possible within
six months of the removal.
(4)
Prior
to issuance of a building permit or special use permit, the owner
and operator of the solar farm shall execute a decommissioning agreement
secured by a removal bond or other suitable guarantee in a face amount
of not less than 150% of the estimated costs, as determined by the
Planning Board upon recommendation of the Town Engineer, to ensure
removal of the solar energy system or facility or structure in accordance
with the decommissioning plan described herein and the battery energy
storage system. The form of the guarantee must be reviewed and approved
by the Attorney to the Town and the Town Board, and the guarantee
must remain in effect until the system is removed. The performance
guarantee shall provide for a periodic review of the amount of the
bond, in five-year intervals, so as to permit the Town Board to require
an increase in the amount of the security in the event of an escalation
in the cost of decommissioning. Review of the guarantee by the Town
Engineer and Town Attorney shall be paid from an escrow established
by the applicant. Prior to removal of a solar farm or solar power
plant, a demolition permit for removal activities shall be obtained
from the Town.
(5)
In
lieu of a removal bond, the Town Board, in its discretion, may permit
the owner and operator to enter into a decommissioning agreement with
the Town which provides, in relevant part, that if the decommissioning
of the site is not completed within six months of the time period
set forth above, the Town may, at its own expense, enter the property
and remove or provide for the removal of the structures and equipment
and/or the restoration of the site, as the case may be, in accordance
with the decommissioning plan. Such agreement shall provide, in relevant
part, that the Town may recover all expenses incurred for such activities
from the defaulting property owner and operator. The cost incurred
by the Town shall be assessed against the property and shall become
a lien and tax upon said property and shall be added to and assessed
as part of the taxes to be levied and assessed thereon and enforced
and collected with interest in the same manner as other taxes. If
such a decommissioning agreement is made, it shall be recorded by
the landowner with the land records of Dutchess County and shall be
an agreement which binds subsequent owners of the property. A copy
showing the stamp of the recorder of deeds shall be given by the landowner
to the Town Clerk. This provision shall not preclude the Town from
collecting such costs and expenses by any other manner by action in
law or in equity. In the event of any such legal proceedings, the
owner and/or operator, as the case may be, shall be liable for all
legal expenses, costs and disbursements in connection with said litigation,
as awarded by a court of competent jurisdiction.
Section 108-35 of the Zoning Code applies to violations of this chapter.
A.
If a person is found to be in violation of the provisions of this
chapter, appeals may be made to the Zoning Board of Appeals in accordance
with the established procedures and time limits of the Zoning Code
and New York State Town Law.
B.
If a building permit for a solar energy device is denied based upon
a failure to meet the requirements of this chapter, the applicant
may seek relief from the Zoning Board of Appeals in accordance with
the established procedures and time limits of the Zoning Code and
New York State Town Law.
The fees for all building permits required pursuant to this
chapter shall be paid at the time each building permit application
pursuant to the Fee Schedule of the Town of Hyde Park.
