[Added 11-16-2016 by L.L.
No. 5-2016]
This Zoning for Solar Energy Law is adopted pursuant to §§ 261
through 263 of the Town Law of the State of New York, which authorize
the Town of Kingston to adopt zoning provisions that advance and protect
the health, safety, and welfare of the community, and "to make provision
for, so far as conditions may permit, the accommodation of solar energy
systems and equipment and access to sunlight necessary therefor."
The purpose of this article is to encourage and promote solar
energy systems while protecting the health and safety of the residents
and the existing nature of the Town of Kingston by establishing regulations
for the installation of large- and small-scale solar energy systems
for residential and commercial purposes.
As used in this article, the following terms shall have the
meanings indicated:
A combination of photovoltaic building components integrated
into any building envelope system such as vertical facades, including
glass and other facade material, semitransparent skylight systems,
roofing materials, and shading over windows.
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure, for the primary purpose of producing electricity for on-site
consumption.
A solar energy system that is ground-mounted and produces
energy primarily for the purpose of off-site sale or consumption.
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
on-site or off-site consumption.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
The requirements of this article shall apply to all solar energy
systems installed or modified after its effective date, excluding
general maintenance and repair and building-integrated photovoltaic
systems.
A.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems that use the electricity on-site
or off-site are permitted as an accessory use in all zoning districts
when attached to any lawfully permitted building or structure.
(2)
Height. Solar energy systems shall not exceed the maximum allowed
height of the underlying zoning district.
(3)
Aesthetics. Roof-mounted solar energy system installations shall
incorporate, when feasible, the following design requirements:
(a)
Panels facing the front yard must be mounted at the same angle
as the roof's surface, with a maximum distance of 18 inches between
the roof and highest edge of the system.
(4)
Roof-mounted solar energy systems that use the energy on-site or
off-site shall be exempt from site plan review under the local zoning
code or other land use regulations.
B.
Ground-mounted solar energy systems.
(1)
Ground-mounted solar energy systems that use 51% or more of the electricity
on-site are permitted as accessory structures in all zoning districts.
(2)
Height. Ground-mounted solar energy systems shall not exceed 15 feet
in height.
(3)
Lot coverage. Ground-mounted solar energy systems that exceed 20%
lot coverage shall require a special use permit. The surface area
covered by such solar panels shall be included in the total lot coverage.
(4)
Ground-mounted solar energy systems installed in side or rear yards
shall comply with the setback requirements for a principal structure
in the underlying zoning district. Ground-mounted solar energy systems
installed in any front yard shall require a special use permit.
(5)
Ground-mounted solar energy systems within the Mixed-Use 2 and Residential
Districts that use 51% or more of the electricity on-site shall be
exempt from site plan review under the local zoning code or other
land use regulations. Such systems within the Mixed-Use 1 District
shall require site plan approval.
A.
Subject to the requirements set forth in this section, large-scale
solar energy systems are permitted through the issuance of a special
use permit, including site plan approval, within all zoning districts.
Applications for the installation of a large-scale solar energy system
shall be reviewed by the Planning Board for its review and action,
which can include approval, approval on conditions, and denial.
B.
Special use permit application requirements. For a special permit
application, the site plan application is to be used as supplemented
by the following provisions:
(1)
If the property of the proposed project is to be leased, legal consent
between all parties, specifying the use(s) of the land for the duration
of the project, including easements and other agreements, shall be
submitted.
(2)
Blueprints showing the layout of the solar energy system signed by
a professional engineer or registered architect shall be required.
(3)
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems,
and inverters that are to be installed.
(4)
Documentation from the utility company, verifying that the utility-scale
solar collector system is active, shall be provided annually to the
Town of Kingston Clerk and Code Enforcement Officer.
(5)
Property operation and maintenance.
(a)
Plan. The applicant shall submit an operation and maintenance
plan, which shall describe continuing photovoltaic maintenance and
property upkeep, such as mowing and trimming. Compliance with this
plan shall be made a condition of the issuance of a special use permit
under this section.
(b)
Surety. Prior to the issuance of a building permit for the utility-scale
solar collector system and any associated accessory structures, the
applicant shall post a surety in an amount and form acceptable to
the Town for the purposes of construction and maintenance. The amount
shall be up to 20% 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 surety will be
used to guarantee compliance with the conditions of the approval for
the utility-scale solar collector.
(c)
Revocation. 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 surety provided
by the applicant. Failure to comply with the conditions of the approval
or to maintain an acceptable level of surety will result in revocation
of the certificate of occupancy.
(6)
Decommissioning.
(a)
Plan. The applicant shall submit a decommissioning plan which
shall describe the method in which the owner shall dismantle and remove
any accessory structures and/or equipment from the site when the utility-scale
solar collector system has been inoperative or abandoned for two years.
Compliance with this plan shall be made a condition of the issuance
of a special use permit under this section.
(b)
Surety. As a condition of the certificate of compliance, applicants
shall post a surety in an amount and form acceptable to the Town for
the purposes of removal or abandonment. The amount shall be up to
20% of the construction cost. Acceptable forms shall include, in order
of preference: cash; letter of credit; or a bond that cannot expire;
or a combination thereof. Such surety will be used to guarantee removal
of the utility-scale solar collector system should the system be abandoned.
(c)
Removal. Abandonment shall be assumed by the Town if the annual
documentation is not provided by the owner, applicant or lessee for
two consecutive years to the Town of Kingston Clerk and Code Enforcement
Officer. The Town Building Inspector shall then provide written notice
to the owner to remove the utility-scale solar collector system, and
the owner shall have two years from written notice to remove the utility-
scale solar collector system, including any associated accessory structures
and/or equipment, and restore the site to a condition approved by
the Planning Board. 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 surety provided by the applicant.
C.
Special use permit standards.
(1)
Setback. Large-scale solar energy systems shall adhere to the height
and side or rear setback requirements of the underlying zoning district.
Such systems shall have front setbacks of 50 feet or that which is
required by the underlying zoning district, whichever is greater.
(2)
Height. Large-scale solar energy systems shall not exceed 15 feet
in height.
(3)
Lot size. Large-scale energy systems shall be located on lots with
a minimum lot size of two acres.
(4)
Lot coverage. A large-scale solar energy system that is ground-mounted
shall not exceed 60% of the lot on which it is installed. The surface
area covered by solar panels shall be included in total lot coverage.
(5)
Clear-cutting. No more than 50% of the total existing brush, trees,
and other screening vegetation on a parcel of property may be removed
in order to accommodate a solar farm.
(6)
Screening. 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.
(7)
Signs. A sign no greater than two square feet indicating the name
of the facility owner(s) and a twenty-four-hour emergency telephone
number shall be posted at all entrances to the site. In addition,
"No Trespassing" or other warning signs may be posted. Safety warning
signs may be posted as required by the New York State Uniform Code.
All signage shall be maintained in legible condition and contain accurate
information.
(8)
Noninvasive ground cover under and between the rows of solar panels
shall be low-maintenance, drought-resistant, and non-fertilizer-dependent.
(9)
Transmission. All on-site power lines shall be installed underground,
with the exception of the main service connection at the utility company
right-of-way.
(10)
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. Fire apparatus access roads shall be provided as required
by the New York State Uniform Code and approved by the Fire Chief.
Existing roadways shall be used for access to the site whenever possible
and determined acceptable by the Planning Board through site plan
review.
(11)
Fencing. All large-scale solar energy systems shall provide
fencing as required by the New York State Uniform Code.
(a)
The fencing and the system may be further screened by any landscaping
needed to avoid adverse aesthetic impacts.
(b)
Fence height shall not exceed the maximum fence height restrictions
of the underlying zoning district.
(c)
The fence shall be "wildlife friendly" and shall have five-inch
by twelve-inch openings at ground level spaced no more than 100 feet
apart to allow unencumbered travel by small animals.
(12)
Any application under this section shall meet any substantive
provisions contained in local site plan requirements in the zoning
code that, in the judgment of the Planning Board, are applicable to
the system being proposed. If none of the site plan requirements are
applicable, the Planning Board may waive the requirement for site
plan review.
(13)
The Planning Board may impose conditions on its approval of
any special use permit under this section in order to enforce the
standards referred to in this section or in order to discharge its
obligations under the State Environmental Quality Review Act (SEQRA).
