This Zoning of Solar Energy article is adopted pursuant to §§ 261,
262 and 263 of the New York State Town Law and Municipal Home Rule
Law § 10 of the State of New York, which authorizes the
Town of Plattekill to adopt local laws and 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."
As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
Any person, firm, partnership, association, corporation,
company or organization of any kind who or which requests an approval
or permit to construct a solar energy system.
AREA OF USE
Notwithstanding the definition of "lot coverage" (area of
use) found elsewhere in this chapter, for the purpose of this article,
lot coverage shall include the area within the parcel measured from
the outer edge(s) of the arrays, inverters, batteries, storage cells
and all other mechanical equipment used to create solar energy, exclusive
of fencing and access roadways.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
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.
COLLECTIVE SOLAR
Solar installations owned collectively through subdivision
homeowners' associations, college student groups, "adopt-a-solar-panel"
programs, or other similar arrangements.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
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
or off-site consumption.
KILOWATT (KW)
A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. A watt is a metric measurement
of power (not energy) and is the rate (not the duration) at which
electricity is used. One thousand kilowatts are equal to one megawatt
(MW).
KILOWATT-HOUR (KWH)
A unit of energy equivalent to one kilowatt (1 kW) of power
expended for one hour of time.
LARGE-SCALE SOLAR ENERGY SYSTEM
A solar energy system that is ground mounted and produces
energy primarily for the purpose of off-site use, sale or consumption.
MEGAWATT (MW)
Equal to 1,000 kilowatts; a measure of the use of electric
power.
NET METER
A meter used to measure the flow of electricity from the
solar photovoltaic (PV) system to the electric utility grid for the
purpose of net metering.
OFF-SITE USE
A solar energy system designed to be used primarily for export
of solar energy to be used primarily by parcels other than the parcel
it is located on.
ON-SITE USE
A solar energy system designed to be used primarily by the
building and/or parcel on which it is located.
OWNER
Any person, firm, partnership, association, corporation,
company or organization of any kind who or which: 1) owns a solar
energy system, or 2) owns real property upon which a solar energy
system is constructed or proposed.
QUALIFIED SOLAR INSTALLER
A person who has skills and knowledge related to the construction
and operation of solar electric 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.
REMOTE NET METERING
An arrangement with the electric utility that allows for
the kilowatt hours (kWh) generated from a solar PV system located
at a specific site to be credited towards kWh of consumption at a
different location.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
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.
SOLAR EASEMENT
An easement recorded pursuant to New York State Real Property
Law § 335-b, Recording of solar energy easements.
SOLAR ENERGY ARRAY
Any number of electrically connected solar photovoltaic (PV)
panels that are connected to the same inverter.
SOLAR ENERGY EQUIPMENT
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
SOLAR ENERGY SYSTEM
A solar energy collection system consisting of solar photovoltaic
cells, panels and/or arrays, and solar-related equipment, which rely
upon solar radiation as an energy source for collection, inversion,
storage and distribution of solar energy for electricity generation.
SOLAR ENERGY SYSTEM, SUBDIVISION USE
A collective solar energy system occupying less than or equal
to two acre areas of use consisting of ground-mounted solar arrays
or roof panels and associated control conversion electronics and that
will be used to produce utility power to provide energy only for the
on-site use and consumption of the specified lots associated with
a particular major or minor subdivision.
SOLAR PLANEL
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
TILT
The angle of the solar panels and/or solar collector relative
to the latitude. True solar noon is when the sun is at its highest
during its daily east to west path across the sky.
This Solar Energy article shall apply to all land uses, structures
and subdivisions within the Town of Plattekill, as provided in this
section.
A. New land uses or structures; changes to uses or structures. Compliance with the requirements of the development standards of §
110-10, Schedule of District Regulations, and §
110-15, Accessory structures and uses, unless otherwise specifically modified herein, and where applicable, and Article
V, Nonconforming Uses and Structures, is necessary for any person or public agency to lawfully establish, construct, alter or replace any structure.
B. Effect on existing uses and structures. An existing land use or structure is lawful only when it was legally established and is operated and maintained in compliance with the applicable provisions of the Town Zoning Code, including Article
V, Nonconforming Uses and Structures.
C. Minimum requirements. The provisions of this Solar Energy article
shall be the minimum requirements for the promotion of the health,
safety, and general welfare. When this article provides for the discretion
on the part of a Town official or body, that discretion may be exercised
to impose more stringent requirements than set forth in this article
as may be necessary to promote orderly land use development, environmental
resource protection, and other purposes of this article.
D. Plan review. Small-scale ground-mounted solar energy systems and solar energy systems designed for subdivision use, site plan review and approval in accordance with the provisions of Article
IV shall apply, and special permit review and approval shall be in accordance with the provisions in §
110-81 of this article and shall apply to solar energy systems designed for subdivision use.
E. Other requirements may apply. The construction and operation of all
solar energy system installations shall be consistent with all applicable
local, state and federal requirements, including but not limited to
all applicable safety, construction, electrical, and communications
requirements. All buildings and fixtures forming part of a solar energy
system installation shall be constructed in accordance with the New
York State Fire Prevention and Building Code. Nothing in this Solar
Energy article eliminates the need for obtaining any permits or approvals
required by other provisions of the Plattekill Town Code, or the regulations
of any county, state or federal agency.
F. The requirements of this article shall apply to all ground-mounted
solar energy systems installed or modified after its effective date,
excluding general maintenance and repair.
G. Solar energy system installations for which a valid building permit
has been issued and for which installation has commenced before the
effective date of this article shall not be required to meet the requirements
of this article.
H. Solar collectors, unless part of a large-scale solar energy system
or solar energy system designed for a subdivision use, shall be permitted
only to provide power for use by its owners, lessees, tenants, residents,
or other occupants of the premises on which they are erected, but
nothing contained in the provision shall be constructed 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 or similar state or federal statute.
The property owner shall sign a letter of commitment, which
shall require the large-scale solar energy production facility owner
and its successors and assigns to notify the Plattekill Building Inspector,
in writing, within 30 days of the discontinuance of use of the facility.
Failure to notify and thereafter remove the facility and all appurtenances
shall be deemed a violation punishable under applicable provisions
of the Town of Plattekill Zoning Law. Notwithstanding this provision,
the Building Inspector shall have the right to independently investigate
any discontinuance of the facility and render a written determination
setting forth the extent, duration and facts evidencing the violation
and the discontinuance of the facility. Upon rendering said written
determination, written notice of the determination shall be provided
to the owner and the lessees of the facility and the owners of the
real property upon which the facility is situate by certified mail,
return receipt requested. Sixty days after proven receipt of the notice
of the determination by the facility owner, any lessee of the facility
and the owners of the real property said facility is situate thereon,
the Building Inspector and the Town of Plattekill may commence legal
proceedings and have the facility removed from the site in accordance
with the applicable law.
A. Abandonment.
(1) Roof-mounted and small-scale ground-mounted solar energy systems
are considered abandoned after 12 months without significant electrical
energy generation and must be removed from the property. Any large-scale
solar energy system which is producing 10% or less of its original
approved output, as described within the decommissioning plan, shall
be considered nonfunctioning and abandoned. An application for an
extension can be submitted to the Planning Board for review, and the
Board may grant one extension for up to a three-month period.
(2) Absent notice of a proposed date of decommissioning or written notice
of extenuating circumstances, the large-scale solar energy system
installation shall be considered abandoned when it fails to operate
for more than 12 consecutive months with electrical energy generation
of at least 10% of its originally proposed output, without the written
consent of the Town Board. If the property owner or operator of the
large-scale solar energy system installation fails to remove the installation
in accordance with the requirements of this section within 90 days
of abandonment or the proposed date of decommissioning, the Town retains
the right, after the receipt of an appropriate court order, to enter
the property and physically remove an abandoned, hazardous, or decommissioned
large-scale solar energy system installation. As a condition of site
plan approval, the applicant and landowner shall agree to allow entry
to remove an abandoned or decommissioned installation.
B. Decommissioning: removal requirements. Any large-scale solar energy system installation which has reached the end of its useful life or has been abandoned consistent with §
110-84A, Abandonment, of this article shall be removed. The property owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The property owner shall notify the Town Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
(1) Physical removal of all large-scale solar energy system installations,
structures, equipment, security barriers, and transmission lines from
the site.
(2) Disposal of all solid and hazardous waste in accordance with local,
state and federal waste disposal regulations.
(3) Stabilization or revegetation of the site as necessary to minimize
erosion. The Town Board may allow the property owner or operator to
leave landscaping or designated below-grade foundations in order to
minimize erosion and disruption to vegetation.
C. Reimbursement of Town expenses. The property owner shall submit a
fully inclusive estimate of the cost associated with removal, prepared
by a qualified engineer and accepted by the Town. The amount shall
include a mechanism for calculating increased removal costs due to
inflation. Any cost incurred by the Town for decommissioning and removal,
including legal costs, shall be assessed against the property, shall
become a lien and tax upon said property, shall be added to and become
part of the taxes levied and assessed thereon, and shall be enforced
and collected with interest by the same officer and in the same manner,
by the same proceedings, at the same time and under the same penalties
as are provided by law for the collection and enforcement or real
property taxes in the Town.
D. To ensure access by the Town to the solar energy system installation
site for inspections and to provide access in the event that the Town
undertakes the removal of the solar energy system, prior to granting
a building permit or site plan approval for the installation of a
solar energy system, the property owner must provide to the Town a
written easement for ingress, egress and regress from the public road
to the property where the solar energy system is to be installed,
and including the property on which the solar energy system is located,
and must be recorded in the Ulster County Clerk's Office at the property
owner's expense. Said easement must be free of all mortgages and encumbrances.
Any violation of this Solar Energy article shall be subject
to the same civil and criminal penalties provided for in the Zoning
Regulations of the Town of Plattekill. Appearance tickets may be issued
and enforcement proceedings may brought by the Building Inspector,
Code Enforcement Officer, Zoning Enforcement Officer, local law enforcement
officers, any deputy of the aforesaid officers or by the Town Supervisor
and by such other officers and employees as the Town Board may from
time to time designate.
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
of enforceability of any other section, subsection, paragraph, sentence,
clause, provision or phrase, which shall remain in full force and
effect.