[HISTORY: Adopted by the Town Board of the Town of Newstead
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-14-2017 by L.L. No. 4-2017; amended in its entirety 10-12-2021 by L.L. No.
8-2021]
This Solar Energy Local Law is adopted pursuant to § 261-263
of the Town Law and § 20 of the Municipal Home Rule Law
of the State of New York, which authorize the Town to adopt zoning
provisions that advance and protect the health, safety and welfare
of the community, and, in accordance with the Town law of New York
State, "to make provision for, so far as conditions may permit, the
accommodation of solar energy systems and equipment and access to
sunlight necessary therefor."
A.Â
This Solar Energy Local Law is adopted to advance and protect the
public health, safety, and welfare of the Town of Newstead (the "Town")
and its residents by creating regulations for the installation and
use of solar energy generating systems and equipment, with the following
objectives:
(1)Â
To take advantage of a safe, abundant, renewable and nonpolluting
energy resource;
(2)Â
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family houses;
(3)Â
To increase employment and business development in the Town, to the
extent reasonably practical, by furthering the installation of solar
energy systems; and
(4)Â
To mitigate the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife
and other protected resources.
As used in this chapter, the following terms shall have the
meanings indicated:
A combination of solar panels and solar energy equipment
integrated into any building envelope system such as vertical facades,
semitransparent skylight systems, roofing materials, or shading over
windows, which produce electricity for on-site consumption.
Land, designated as "farmland of statewide importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on
Web Soil Survey, that is of statewide importance for the production
of food, feed, fiber, forage, and oilseed crops as determined by the
appropriate state agency or agencies. Farmland of statewide importance
may include tracts of land that have been designated for agriculture
by state law.
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
A solar energy system that is anchored to the ground via
a pole or other mounting system, detached from any other structure,
that generates electricity for on-site or off-site consumption.
Native wildflowers, forbs, and grasses that serve as habitat,
forage, and migratory way stations for pollinators and shall not include
any prohibited or regulated invasive species as determined by the
New York State Department of Environmental Conservation.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
Land, designated as "prime farmland" in the U.S. Department
of Agriculture Natural Resources Conservation Service (NRCS)'s
Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that
has the best combination of physical and chemical characteristics
for producing food, feed, forage, fiber, and oilseed crops and is
also available for these land uses.
A solar energy system located on the roof of any legally
permitted building or structure that produces electricity for onsite
or offsite consumption.
Space open to the sun and clear of overhangs or shade so
as to permit the use of active and/or passive solar energy systems
on individual properties.
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
The components and subsystems required to convert solar energy
into electric energy suitable for use. The term includes, but is not
limited to, solar panels and solar energy equipment. The area of a
solar energy system includes all the land inside the perimeter of
the solar energy system, which extends to any interconnection equipment.
A solar energy system is classified as a Tier 1, Tier 2, or Tier 3
solar energy system as follows.
Tier 2 solar energy systems include ground-mounted solar energy
systems with system capacity up to 25 kW AC and that generate no more
than 110% of the electricity consumed on the site over the previous
12 months.
Tier 3 solar energy systems are systems that are not included
in the list for Tier 1 and Tier 2 solar energy systems.
A photovoltaic device capable of collecting and converting
solar energy into electricity.
A device that stores energy and makes it available in an
electrical form.
A.Â
The requirements of this article shall apply to all solar energy
systems permitted, installed, or modified in Town after the effective
date of this article, excluding general maintenance and repair.
B.Â
Solar energy systems constructed or installed prior to the effective
date of this article shall not be required to meet the requirements
of this article.
C.Â
Modifications to an existing solar energy system that increase the
solar energy system area by more than 5% of the original area of the
solar energy system (exclusive of moving any fencing) shall be subject
to this article.
D.Â
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the NYS Uniform Fire Prevention and Building
Code ("Building Code"), the NYS Energy Conservation Code ("Energy
Code"), and the Town Code.
All Tier 1 solar energy systems shall be permitted in all zoning
districts and shall be exempt from site plan review under the local
zoning code or other land use regulation, subject to the following
conditions for each type of solar energy systems:
A.Â
Roof-mounted solar energy systems:
(1)Â
Roof-mounted solar energy systems shall incorporate, when feasible,
the following design requirements:
(a)Â
Solar panels on pitched roofs shall be mounted with a maximum
distance of eight inches between the roof surface the highest edge
of the system.
(b)Â
Solar panels on pitched roofs shall be installed parallel to
the roof surface on which they are mounted or attached.
(c)Â
Solar panels on pitched roofs shall not extend higher than the
highest point of the roof surface on which they are mounted or attached.
(d)Â
Solar panels on flat roofs shall not extend above the top of
the surrounding parapet, or more than 24 inches above the flat surface
of the roof, whichever is higher.
(2)Â
Glare: All solar panels shall have anti-reflective coating(s) and
the property owner shall be responsible for ensuring that the anti-reflective
coating(s) do not degrade.
B.Â
Building-integrated solar energy systems shall be shown on the plans
submitted for the building permit application for the building containing
the system and must have anti-reflective coating(s) and the property
owner shall be responsible for ensuring that the anti-reflective coating(s)
do not degrade.
All Tier 2 solar energy systems shall be permitted in all zoning
districts as accessory structures and shall be exempt from site plan
review under the local zoning code or other land use regulations,
subject to the following conditions:
A.Â
Glare: All solar panels shall have anti-reflective coating(s) and
the property owner shall be responsible for ensuring that the anti-reflective
coating(s) do not degrade.
B.Â
Setbacks: Tier 2 solar energy systems shall be subject to the setback
regulations specified for the accessory structures within the underlying
zoning district. In residential districts, all ground-mounted solar
energy systems shall only be installed in the side or rear yards.
D.Â
Screening and visibility.
(1)Â
All Tier 2 solar energy systems shall have views minimized from adjacent
properties to the extent reasonably practicable.
(2)Â
Solar energy equipment shall be located in a manner to reasonably
avoid and/or minimize blockage of views from surrounding properties
and shading of property to the north.
E.Â
Lot size: Tier 2 solar energy systems shall comply with the existing
lot size requirement specified for accessory structures within the
underlying zoning district.
All Tier 3 solar energy systems are permitted through the issuance
of a special use permit as set forth in this section, and subject
to site plan application requirements set forth in this section.
A.Â
Applications for the installation of Tier 3 solar energy system shall
be reviewed by the Code Enforcement Officer and referred to the Planning
Board for its review and comment prior to forwarding to the Town Board
for final approval, approval with conditions, or denial.
B.Â
Underground requirements. All on-site utility lines shall be placed
underground to the extent feasible and as permitted by the serving
utility, with the exception of the main service connection at the
utility company right-of-way and any new interconnection equipment,
including without limitation any poles, with new easements and right-of-way.
C.Â
Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
D.Â
Signage.
(1)Â
No signage or graphic content shall be displayed on the solar energy
systems except the manufacturer's name, equipment specification
information, safety information, and twenty-four-hour emergency contact
information. Said information shall be depicted within an area no
more than 16 square feet.
(2)Â
As required by National Electric Code (NEC), disconnect and other
emergency shutoff information shall be clearly displayed on a light
reflective surface. A clearly visible warning sign concerning voltage
shall be placed at the base of all pad-mounted transformers and substations.
E.Â
Glare. All solar panels shall have anti-reflective coating(s) and
the property owner shall be responsible for ensuring that the anti-reflective
coating(s) do not degrade.
F.Â
Lighting. Lighting of the solar energy systems shall be limited to
that minimally required for safety and operational purposes and shall
be reasonably shielded and downcast from abutting properties.
G.Â
Tree-cutting. Removal of existing trees larger than six inches in
diameter should be minimized to the extent possible.
H.Â
Decommissioning.
(1)Â
Solar energy systems that have been abandoned and/or not producing electricity for a period of six consecutive months shall be removed at the owner's and/or operator's expense, which at the owner's option may come from any security made with the Town as set forth in § 180-10B herein.
(2)Â
A decommissioning plan, as approved by the Code Enforcement Officer
and the Town Attorney, a sample of which is available at the Code
Enforcement Officer's office, signed by the owner and/or operator
of the solar energy system shall be submitted by the applicant, addressing
the following:
(3)Â
Security.
(a)Â
The deposit, executions, or filing with the Town Clerk of cash,
bond, or other form of security reasonably acceptable to the Town
Attorney and Town Engineer, shall be in an amount sufficient to ensure
the good faith performance of the terms and conditions of the permit
issued pursuant hereto and to provide for the removal and restorations
of the site subsequent to removal. The amount of the bond or security
shall be 125% of the cost of removal of the Tier 3 solar energy system
and restoration of the property with an escalator of 3% annually for
the life of the solar energy system.
(b)Â
In the event of default upon performance of such conditions,
after proper notice and expiration of any cure periods, the cash deposit,
bond, or security shall be forfeited to the Town. Such forfeiture
shall not preclude the Town from taking any further actions against
the property owner. The cash deposit, bond, or security shall remain
in full force and effect until restoration of the property as set
forth in the decommissioning plan is completed.
I.Â
Site plan application. For any solar energy system requiring a special
use permit, site plan approval shall be required. Any site plan application
shall include the following information:
(1)Â
Property lines and physical features, including roads, for the project
site.
(2)Â
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(3)Â
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.
(4)Â
A preliminary equipment specification sheet that documents all proposed
solar panels, significant components, mounting systems, and inverters
that are to be installed. A final equipment specification sheet shall
be submitted prior to the issuance of building permit.
(5)Â
Name, address, and contact information of proposed or potential system
installer and the owner and/or operator of the solar energy system.
Such information of the final system installer shall be submitted
prior to the issuance of building permit.
(6)Â
Name, address, phone number, and signature of the project applicant,
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the solar energy system.
(7)Â
Zoning district designation for the parcel(s) of land comprising
the project site.
(8)Â
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
(9)Â
Erosion and sediment control and storm water 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.
(10)Â
Prior to the issuance of the building permit or final approval
by the Town Board, but not required as part of the application, engineering
documents must be signed and sealed by a New York State (NYS) Licensed
Professional Engineer or NYS Registered Architect.
J.Â
Special use permit standards.
(1)Â
Lot size.
(a)Â
The property on which the Tier 3 solar energy system is placed
shall meet the lot size requirements set forth in the following table:
|
Zoning District
|
Tier 3 Solar Energy Systems
|
|---|---|
|
Residential Low-Density
|
greater than or equal to 2 acres
|
|
Residential High-Density
|
—
|
|
Commercial/Business
|
greater than or equal to 5 acres
|
|
Light Industrial
|
N/A
|
|
Heavy Industrial
|
N/A
|
|
Agricultural/Residential
|
greater than or equal to 5 acres
|
(2)Â
Setbacks.
(a)Â
The Tier 3 solar energy systems shall meet the setback requirements
in set forth in the following table:
|
Tier 3 Ground-Mounted
| |||
|---|---|---|---|
|
Zoning District
|
Front
|
Side
|
Rear
|
|
Residential Low-Density
|
100 feet
|
100 feet
|
100 feet
|
|
Residential High-Density
|
—
|
—
|
—
|
|
Commercial/Business
|
50 feet
|
15 feet
|
25 feet
|
|
Light Industrial
|
50 feet
|
15 feet
|
25 feet
|
|
Heavy Industrial
|
50 feet
|
15 feet
|
25 feet
|
|
Agricultural/Residential
|
50 feet
|
15 feet
|
25 feet
|
(3)Â
Height.
(a)Â
The Tier 3 solar energy systems shall comply with the height
limitations in the following table depending on the underlying zoning
district:
|
Zoning District
|
Tier 1 Roof-Mounted
|
Tier 2
|
Tier 3
|
|---|---|---|---|
|
Residential Low-Density
|
2 feet above roof
|
10 feet
|
15 feet
|
|
Residential High-Density
|
2 feet above roof
|
10 feet
|
—
|
|
Commercial/Business
|
4 feet above roof
|
15 feet
|
20 feet
|
|
Light Industrial
|
4 feet above roof
|
15 feet
|
20 feet
|
|
Heavy Industrial
|
4 feet above roof
|
15 feet
|
20 feet
|
|
Agricultural/Residential
|
2 feet above roof
|
15 feet
|
20 feet
|
(4)Â
Lot coverage.
(a)Â
The following components of a Tier 3 solar energy system shall
be considered included in the calculations for lot coverage requirements:
[1]Â
Foundation systems, typically consisting of driven piles or
monopoles or helical screws with or without small concrete collars.
[2]Â
All mechanical equipment of the solar energy system, including
any pad mounted structure for batteries, switchboard, transformers,
or storage cells.
[3]Â
Paved access roads servicing the solar energy system.
(b)Â
Lot coverage of the solar energy system, as defined above, shall
not exceed the maximum lot coverage requirement of the underlying
zoning district.
(5)Â
Fencing requirements. All mechanical equipment, including any structure
for storage batteries, shall be enclosed by a seven-foot-high fence,
as required by NEC, with a self-locking gate to prevent unauthorized
access.
(6)Â
Screening and visibility.
(a)Â
Solar energy systems smaller than 10 acres shall have views
minimized from adjacent properties to the extent reasonably practicable
using architectural features, earth berms, landscaping, or other screening
methods that will harmonize with the character of the property and
surrounding area.
(b)Â
Solar energy systems larger than 10 acres shall be required
to:
[1]Â
Conduct a visual assessment of the visual impacts of the solar
energy system on public roadways and adjacent properties. At a minimum,
a line-of-sight profile analysis shall be provided. Depending upon
the scope and potential significance of the visual impacts, additional
impact analyses, including for example a digital viewshed report,
shall be required to submitted by the applicant.
[2]Â
Submit a screening and landscaping plan which takes into account
neighboring property uses, proximity to roadways, and other pertinent
factors.
(7)Â
Agricultural resources. For projects located on agricultural lands:
(a)Â
Any Tier 3 solar energy system located on the areas that consist
of prime farmland or farmland of statewide importance shall not exceed
the lesser of:
[1]Â
25% of the area of prime farmland or farmland of statewide Importance
on the parcel; or
[2]Â
Twenty acres.
|
Further, Tier 3 solar energy systems on prime farmland or farmland
of statewide importance shall be required to seed 20% of the total
surface area of all solar panels on the lot with native perennial
vegetation designed to attract pollinators.
|
(b)Â
Tier 3 solar energy systems located on prime farmland shall
be constructed in accordance with the construction requirements of
the New York State Department of Agriculture and Markets.
(c)Â
Tier 3 solar energy system owners shall develop, implement,
and maintain native vegetation to the extent practicable pursuant
to a vegetation management plan by providing native perennial vegetation
and foraging habitat beneficial to game birds, songbirds, and pollinators.
To the extent practicable, when establishing perennial vegetation
and beneficial foraging habitat, the owners shall use native plant
species and seed mixes.
K.Â
Ownership changes. If the owner or operator of the solar energy system
changes or the owner of the property changes, the special use permit
shall remain in effect, provided that, in the Town's sole discretion,
either the current owner or operator, the new owner or operator, or
both shall be responsible for all of the obligations of the special
use permit, site plan approval, and decommissioning plan. The current
owner or operator of the solar energy system shall notify the Town
Code Enforcement Officer of such change in ownership or operator at
least 30 days prior to any such ownership change.
A.Â
Solar energy systems and solar energy equipment shall be certified
under the applicable electrical and/or building codes as required.
B.Â
Solar energy systems shall be maintained in good working order and
in accordance with industry standards. Site access shall be maintained,
including snow removal at a level acceptable to the local fire department
and, if the Tier 3 solar energy system is located in an ambulance
district, the local ambulance corps.
C.Â
If storage batteries are included as part of the solar energy system,
they shall meet the requirements of any applicable Town code or any
applicable fire prevention and building code when in use and, when
no longer used, shall be disposed of in accordance with the laws and
regulations of the Town and any applicable federal, state, or Town
of Newstead laws or regulations.
A.Â
The special use permit and site plan approval for a solar energy
system shall be valid for a period of 12 months, provided that a building
permit is issued for construction or construction is commenced. In
the event construction is not completed in accordance with the final
site plan, as may have been amended and approved, as required by the
Town Board, within 12 months after approval, Town may, in its sole
discretion, extend the time to complete construction for up to an
additional 180 days. A special use permit which has expired pursuant
to this section may be renewed upon application by the permit holder,
payment of the application fee, and approval of the application by
the Code Enforcement Officer.
B.Â
Upon cessation of electricity generation of a solar energy system
on a continuous basis for six months, the Town may notify and instruct
the owner and/or operator of the solar energy system to implement
the decommissioning plan. The decommissioning plan must be completed
within 180 days of notification.
C.Â
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Town may, at its discretion, utilize the
bond and/or security for the removal of the solar energy system and
restoration of the site in accordance with the decommissioning plan.
Utilization of such bond and/or security shall not preclude the Town
from taking any further action against the owner and/or operator to
make the Town whole in the event the owner and/or operator fails to
comply with decommissioning.
A.Â
Regulations established. There has been a rise in the use of solar
panels which in turn leads to an accumulation of photovoltaic waste
when they reach the end of their life. Photovoltaic modules contain
various valuable materials and rare metals and providing for their
proper recycling will not only ensure that these materials and metals
are able to be reused, but also that the panels do not prematurely
enter the waste stream where they can have potential negative environmental
effects.
(1)Â
The Town of Newstead finds that a convenient, safe and environmentally
sound system for the recycling of photovoltaic modules, minimization
of hazardous waste, and recovery of commercially valuable materials
must be established. The Town of Newstead further finds that the responsibility
for this system must be shared among all stakeholders, with manufacturers
financing the takeback and recycling system.
(2)Â
Beginning August 1, 2022, no manufacturer, distributor, retailer
or installer may sell or offer for sale a photovoltaic module in or
into the Town of Newstead unless the manufacturer of the photovoltaic
module is in full compliance with this article.
B.Â
BRAND
CONSUMER ELECTRONIC DEVICE
DISTRIBUTOR
ENVIRONMENTALLY SOUND MANAGEMENT
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
INSTALLATION COMPONENTS
INSTALLER
MANUFACTURER
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
MARKET SHARE
PANEL
PHOTOVOLTAIC MODULE
(1)Â
(2)Â
(3)Â
PREDECESSOR
RARE-EARTH ELEMENT
RECOVERY
RECYCLING
RETAILER
REUSE
STEWARDSHIP ORGANIZATION
STEWARDSHIP PLAN
STEWARDSHIP PROGRAM
Section definitions. As used in this section, the following terms
shall have the meanings indicated:
A name, symbols, words or marks that identify a photovoltaic
module and attribute the photovoltaic module to the manufacturer of
the photovoltaic module.
Any device containing an electronic circuit board that is
intended for everyday use by individuals, such as a watch or calculator.
A person who markets and sells photovoltaic modules to retailers
in the Town of Newstead.
Includes the following management practices, implemented
in a manner that is designed to protect public health, safety, and
the environment:
Adequate recordkeeping;
Detailed documentation of methods used to:
Performance audits and inspections of recyclers, haulers, and
other parties as determined by a stewardship organization;
Compliance with worker health and safety requirements; and
Maintenance of adequate liability insurance for a stewardship
organization and contractors working for the stewardship organization.
Any materials used to install and hold photovoltaic modules
in place or collect energy from these modules, such as bracketing,
wiring, inverters or batteries.
A person who assembles, installs, and maintains photovoltaic
module systems.
Any person in business or no longer in business but having
a successor in interest who, irrespective of the selling technique
used, including by means of distance or remote sale:
Manufacturers or has manufactured a photovoltaic module under
its own brand names for use or sale in or into the Town of Newstead;
Assembles or has assembled a photovoltaic module that uses parts
manufactured by others for use or sale in or into the Town of Newstead
under the assembler's brand names;
Resells or has resold in or into the Town of Newstead under
its own brand names a photovoltaic module produced by other suppliers,
including retail establishments that sell photovoltaic modules under
their own brand names;
Manufactures or has manufactured a cobranded photovoltaic module
product for use or sale in or into the Town of Newstead that carries
the name of both the manufacturer and a retailer;
Imports or has imported a photovoltaic module into the United State that is used or sold in or into the Town of Newstead. However, if the imported photovoltaic module is manufactured by any person with a presence in the United States meeting the criteria of manufacturer under Subsection (1) through (4) of this definition, that person is the manufacturer;
Sells at retail a photovoltaic module acquired from an importer
that is the manufacturer and elects to register as the manufacturer
for those products; or
A manufacturer's percentage of all photovoltaic modules
sold in the Town of Newstead.
A solar photovoltaic panel including an approximate size
range of 39 inches to 48 inches wide to 60 inches to 82 inches long
with an intended use to generate electricity.
The smallest nondivisible, environmentally protected assembly
of photovoltaic cells or other photovoltaic collector technology and
ancillary parts intended to generate electrical power under sunlight,
except that "photovoltaic module" does not include a photovoltaic
cell that is part of a consumer electronic device for which it provides
electricity needed to make the consumer electronic device function.
"Photovoltaic module" includes but is not limited to interconnections,
terminals, and protective devices such as diodes that:
Are installed on, connected to, or integral with buildings;
Are used as components of freestanding, off-grid, power generation
systems, such as for powering water pumping stations, electric vehicle
charging stations, fencing, street and signage lights, and other commercial
or agricultural purposes; or
Are part of a system connected to the grid or utility service.
An entity from which a manufacturer purchased a photovoltaic
module brand, its warranty obligations, and its liabilities. Predecessor
does not include entities from which a manufacturer purchased only
manufacturing equipment.
Lanthanum, cerium, praseodymium, neodymium, promethium, samarium,
europium, gadolinium, terbium, dysprosium, holmium, erbium, thulium,
ytterbium, lutetium, yttrium or scandium.
The collection of photovoltaic modules and installation components.
The series of activities by which a covered material is collected,
sorted, and processed; converted into a raw material with minimal
loss of material quality; and used in the production of a new product,
including the original product. Recycling does not include energy
recovery, energy generation by means of combustion, use as a fuel,
landfill disposal or use as alternative operating cover or within
the footprint of a landfill.
A person that offers photovoltaic modules for sale at retail
through any means, including but not limited to remote offerings such
as sales outlets, catalogs or the internet.
Any operation by which a photovoltaic module or component
of a photovoltaic module changes ownership and is used for the same
purpose for which it was originally purchased.
A corporation, nonprofit organization or other legal entity
designated by a manufacturer or a group of manufacturers to implement
a photovoltaic module stewardship program.
The plan developed by a manufacturer or its designated stewardship
organization for a self-directed stewardship program.
The activities conducted by a manufacturer or stewardship
organization to fulfill the requirements of this article and implement
the activities described in its stewardship plan.
C.Â
Stewardship organization. A stewardship organization may be designated
to act as an agent on behalf of a manufacturer or manufacturers in
operating and implementing the stewardship program required under
this article. Any stewardship organization that has obtained designation
must provide to the Town of Newstead a list of the manufacturers and
brand names that the stewardship organization represents within 60
days of its designation by a manufacturer as its agent, or within
60 days of removal of such designation.
D.Â
Stewardship plan. The Stewardship Plan must provide for takeback
of photovoltaic modules and installation components at convenient
locations within the Town of Newstead to minimize the release of hazardous
substances into the environment and maximize the recovery of other
components, including rare earth elements and commercially valuable
materials.
(1)Â
In developing a stewardship plan to ensure the convenient, safe,
and environmentally sound takeback and recycling of photovoltaic modules
and installation components and materials, a manufacturer or stewardship
organization must consult with the Town of Newstead and other interested
stakeholders. This should include, at a minimum, one meeting with
the Town of Newstead prior to submitting the stewardship plan for
initial review.
(2)Â
Each manufacturer or stewardship organization must prepare and submit
a stewardship plan to the Town of Newstead by the later of August
1, 2022, or within 30 days of its first sale of a photovoltaic module
in or into the Town of Newstead. A stewardship organization may prepare,
submit, and implement a stewardship plan on behalf of one or more
manufacturers. A stewardship plan must, at a minimum:
(a)Â
Describe how manufacturers will finance the takeback and recycling
system, and include an adequate funding mechanism to finance the costs
of collection, management, and recycling of photovoltaic modules and
residuals sold in or into the Town of Newstead by the manufacturer
with a mechanism that ensures that photovoltaic modules can be delivered
to takeback locations without cost to the last owner or holder.
[1]Â
No retailer may charge a point-of-sale or other fee to consumers
to facilitate a producer to recoup the costs associated with meeting
the obligations under this title.
[2]Â
Funds directly collected by the stewardship organization shall
not be used to carry out lobbying activities on behalf of the stewardship
organization.
(b)Â
Describe how manufacturers will accept all of their photovoltaic
modules sold in or into the Town of Newstead.
[1]Â
Should a manufacturer or stewardship organization establish any photovoltaic module recycling facilities or infrastructure within the Town of Newstead, the establishment of said facility or infrastructures shall be subject to rules and regulations promulgated by the Town of Newstead pursuant to § 180-9 of this article.
(c)Â
Describe how the program will minimize the release of hazardous
substances into the environment and maximize the recovery of other
components, including rare earth elements and commercially valuable
materials.
(d)Â
Provide for takeback of photovoltaic modules at convenient locations
within the Town of Newstead. At a minimum, takeback must include ongoing
drop-off locations as well as quarterly on-site pickup and/or drop
off events that are accessible to all residents of the Town of Newstead.
(e)Â
Provide information to relevant stakeholders to enable stakeholders
to properly dismantle, transport and treat end-of-life photovoltaic
modules in a manner consistent with environmentally sound management
practices.
[1]Â
Manufacturers or a stewardship organization representing them
must establish and maintain a public website that provides information
about collection sites under the program and lists manufacturers participating
in the stewardship organization under the program plan and the brands
of photovoltaic modules that are sold or offered for sale in this
state by participating manufacturers. They must also conduct outreach
efforts to inform all covered entities about the photovoltaic module
stewardship and takeback program and the opportunity to return and
recycle photovoltaic modules at no cost.
(f)Â
Establish performance goals, including:
[1]Â
A goal for recovery and responsible management of photovoltaic
modules and installation components as a percentage of the total weight
sold, which must be no less than 100% by August 1, 2026; and
[2]Â
A goal for the rate of combined reuse and recycling of collected
photovoltaic modules and installation components as a percentage of
the total weight collected, which must be no less than 65% by August
1, 2026 and no less than 85% by August 1, 2031.
(g)Â
Include a plan for maintaining a financial reserve sufficient
to operate the program in a fiscally prudent and responsible manner
in the event of stewardship organization closure.
(3)Â
A manufacturer must implement the stewardship plan pursuant to § 180-4 of this article. A manufacturer may periodically amend its stewardship plan in the form and manner prescribed by the Town of Newstead. The Town of Newstead shall approve or reject a program plan and program plan amendment pursuant to § 180-7 of this article.
(4)Â
In lieu of preparing a stewardship plan and as provided in this section,
a manufacturer may participate in a state program for the convenient,
safe and environmentally sound takeback and recycling of photovoltaic
modules and installation components and materials, if substantially
equivalent to the intent of the Town of Newstead program. The Town
of Newstead may determine substantial equivalence if it determines
that the state program adequately addressed and fulfills each of the
elements of a stewardship plan outlined in the section and includes
an enforcement mechanism reasonably calculated to ensure a manufacturer's
compliance with the state program. Upon issuing a determination of
substantial equivalence, the Town of Newstead must notify affected
stakeholders including the manufacturer. If the state program is discontinued
or the Town of Newstead determines the state program is no longer
substantially equivalent to the Town of Newstead program, the Town
of Newstead must notify the manufacturer and the manufacturer must
provide a stewardship plan to the Town of Newstead for approval within
30 days of notification.
E.Â
Administrative fees.
(1)Â
The Town of Newstead shall establish and collect the following fees
from a manufacturer or stewardship organization:
(a)Â
A fixed, one-time fee reasonably calculated to cover the costs
of reviewing the photovoltaic module stewardship program plan.
(b)Â
An annual fee charged to each stewardship organization or manufacturer
reasonably calculated to cover the costs of administering, implementing,
and enforcing this article.
(2)Â
The fee calculated for each stewardship organization or manufacturer under Subsection E(1)(b) of this section must be proportionate to the market share of all photovoltaic modules sold in the Town of Newstead by the manufacturers registered with the stewardship program. The Town of Newstead may make a reasonable estimate of the market share of a manufacturer for any year for which market share information for that manufacturer has not been provided to the Town of Newstead.
F.Â
Enforcement and penalties. Should the manufacturer or stewardship
organization not be in compliance with this article, the Town of Newstead
must send a written warning to a manufacturer that is not participating
in a plan. The written warning must inform the manufacturer or stewardship
organization that it must submit a plan or participate in a plan within
30 days of the notice. The Town of Newstead may assess a penalty of
up to $100 per panel per day of violation if a stewardship plan has
not been submitted by the manufacturer or stewardship organization
or has not been approved by the Town of Newstead after the initial
written warning has been provided and the 30 days of the notice has
lapsed. A manufacturer or stewardship organization may appeal a penalty
issued under this section to a court of proper jurisdiction in the
State of New York within 180 days of receipt of the notice.
(1)Â
The Town of Newstead must send a written warning to a distributor,
retailer or installer that sells or installs a photovoltaic module
made by a manufacturer that is not participating in a plan. The written
warning must inform the distributor, retailer, or installer that they
may no longer sell or install a photovoltaic module if a stewardship
plan for that brand has not been submitted by the manufacturer and
approved by the Town of Newstead within the 30 days of the notice.
G.Â
Implementation timeline.
(2)Â
No later than 60 days after receiving the plan under this article,
the Town of Newstead shall approve or reject the plan. If the Town
of Newstead rejects the plan, the Town of Newstead shall inform the
stewardship organization of the reason(s) for rejection.
(a)Â
Should the Town of Newstead reject the plan, no later than 60
days after the rejection, a stewardship organization must submit to
the Town of Newstead a revised plan. No later than 90 days after receiving
a revised plan under this section, the Town of Newstead shall approve
or reject the revised plan.
(3)Â
A stewardship organization must implement a stewardship plan approved
under this section within 90 days of the date on which the Town of
Newstead approve the plan.
H.Â
Annual report.
(1)Â
Beginning April 1, 2023 and by April 1 in each subsequent year, a
manufacturer, or its designated stewardship organization, must provide
to the Town of Newstead a report for the previous calendar year that
documents implementation of the stewardship plan and assesses achievement
of the performance goals established in this section.
(2)Â
The report may include any recommendations to the Town of Newstead
on modifications to the program that would enhance the effectiveness
of the program, including management of program costs and mitigation
of environmental impacts of photovoltaic modules.
(3)Â
The annual report submitted must include, at a minimum:
(a)Â
The name and address of each manufacturer represented by the
stewardship organization.
(b)Â
The makeup of the stewardship organizations Board of Directors.
(c)Â
The total cost of implementing the program, including a breakdown
of administrative, collection, transportation, and disposition costs,
as determined by an independent financial audit funded by the stewardship
organization.
(d)Â
A description of program operations and activities including
collection services. If collection site requirements were not fully
met, explain how requirements will be met the following year.
(e)Â
Documentation of program outreach to stakeholders conducted
that year.
(f)Â
The number of photovoltaic modules already in use within the
Town of Newstead.
(g)Â
The number of photovoltaic modules placed onto the market and/or
installed within the Town of Newstead that year.
(4)Â
The Town of Newstead shall not require public reporting of any confidential
information that the Town of Newstead finds to be protected proprietary
information. Protected proprietary information shall mean information
that, if made public, would divulge competitive business information,
methods or processes entitled to protection as trade secrets of manufacturers
or information that would reasonably hinder the manufacturer's
competitive advantage in the marketplace.
I.Â
Authority. The Town of Newstead may adopt rules as necessary for
the purpose of implementing, administering and enforcing this article.
J.Â
Storage. As described in NYS 6 CRRNY, collected photovoltaic modules
and installation components may not be stored within the Town of Newstead
for a period exceeding one fiscal quarter (three months).
A.Â
Any violation of this Solar Energy Law shall be subject to the same
enforcement requirements, including the civil and criminal penalties,
provided for in the zoning or land use regulations of the Town.
B.Â
Annually, permit holders shall certify to the Town that the solar
energy system is being used on a continuous basis and that it has
not stopped generating electricity for a continuous six-month period
in the prior 12 months.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision, or phrase of the aforementioned
sections, as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional, shall not affect the validity
or enforceability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and
effect.
