[HISTORY: Adopted by the Board of Trustees of the Village
of Canajoharie at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Amendments noted where applicable.]
A chapter establishing standards for the development, construction,
installation, operation, and removal of solar energy systems in the
Village of Canajoharie.
A.
Recognizing that solar energy is a clean, readily available and renewable
energy source which can be used to offset energy demand on the grid
where excess solar power is generated, the Village of Canajoharie
desires to both accommodate the development of solar energy systems,
while at the same time reduce the potential impact this development
may have on neighbors, and preserve the rights of property owners
to install solar energy systems without conflicting with the objectives
of the Comprehensive Plan for the Village of Canajoharie.
B.
This chapter is intended to promote effective and efficient use of
solar energy resources, set provisions for its placement, design,
construction, operation, decommission and, finally, removal of such
systems, to be consistent with the Village's intent to uphold
the public health, safety and welfare by promoting a clean, wholesome
and attractive environment, preserving aesthetic qualities of the
municipality, and prevent depreciation of properties of persons in
the community by ensuring that such systems will not have a significant
adverse impact on the environment, or the aesthetic qualities and
character of the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
A building that is located on the same parcel or premises
as a principal building but whose use is customarily incidental and
subordinate to that of the principal building.
An SES, which generates energy solely for on-site use to
benefit the principal use of the land. It must exist on the same lot
as the principal use and is subordinate, incidental to and customarily
found in conjunction with the primary use.
Installed parallel to and immediately adjacent to a surface
(e.g., a rooftop or wall) of a principal and/or an accessory structure;
cannot be angled or raised.
The effect produced by light with the intensity sufficient
to cause annoyance, discomfort or loss of visual performance and visibility.
Ground-mounted or freestanding solar energy systems that
are installed directly in the ground and not attached to any existing
structure, including single or multiple panels that can be mounted
on individual or multiple poles when space, structural, shade, or
other constraints inhibit roof-mounted systems.
A billing agreement that allows noncommercial solar customers
to get credit for excess electricity that they generate and deliver
back to the grid so that they can get paid for their net electric
usage.
Legal unit of property; a tract or plot of land.
An arrangement of devices intended to produce electricity
from solar energy, including but not limited to solar panels (multiple
solar photovoltaic cells composed of semiconductor material and linked
by wires), a solar inverter, and all the structural mounting materials
and electrical accessories required to make the devices work together.
The primary use of land permitted as of right.
State Environmental Quality Review.
Solar energy system; see definition of "solar energy equipment."
A device that stores electricity generated from solar energy
and makes it available as direct current electricity.
A photovoltaic (PV) cell, panel or array (or a hot air or
water collector device) that relies on solar radiation as an energy
source for the generation of electricity (or transfer of stored heat).
An arrangement of devices used for the direct conversion
of solar energy into electricity that may include but is not limited
to solar energy system equipment, supporting posts and frames, buildings
and other structures, and access drives, inverter equipment, wires
and cables required to supply the electrical energy produced from
solar technology.
A solar collector system that is designed and/or built to
provide energy in an ongoing commercial enterprise or for commercial
profit or to deliver energy generated to a transmission system for
distribution to off-site customers rather than be used on site.
A solar collector system that is designed and/or built to
provide power for the use by the owners, lessees, tenants, residents
and/or other occupants of the premises on which the system is erected
and to sell excess power generated to the grid through an arrangement
called "net metering" under New York Public Service Law § 66-j
or a similar state or federal law or regulation.
Solar collectors, controls, energy devices, heat pumps, heat
exchangers and/or other materials, hardware or equipment necessary
to the process by which solar radiation is collected, converted to
another form of energy, stored and protected from unnecessary dissipation
and distributed. Types of solar energy systems include: thermal, photovoltaic
and concentrated.
A device that directly converts solar energy to electricity.
A group of solar collector systems that are interconnected
on one parcel or solar collector systems interconnected on two or
more adjacent parcels.
From the commencement of this chapter, the placement of all solar collector systems, as defined under § 126-3, above, within the Village shall be prohibited, except as provided in § 126-5A hereof, General provisions for commercial and noncommercial solar collector systems, and are subject to review by the Village of Canajoharie Planning Board and all applicable building codes.
A.
General provisions for commercial and noncommercial solar collector
systems.
(1)
Building code. All solar collectors and solar energy systems that
require a building permit before installation shall be designed to
be in conformance with the New York Uniform Fire Prevention and Building
Code standards, as well as any inspections and fees required in the
standard building permit process that are applicable when the building
permit is issued. All permit applications may be subject to Board
review.
(2)
Plan for decommission and removal requirement. Applicants for building
permits for solar collection systems shall, at the time of application
and as part of the application process, submit a reasonable plan providing
for the decommission and removal of said system.
(3)
Electrical inspection. Electrical connections must be inspected by
the Village of Canajoharie Code Enforcement Officer (or Building Inspector)
and by the appropriate electrical inspection person or agency, as
determined by the Village of Canajoharie, prior to system operation.
(4)
Electrical warnings. Solar collector systems and equipment shall
be marked to provide emergency responders with appropriate warning
and guidance for isolating the solar electrical system. Marking materials
should be weather resistant. For a noncommercial application, the
warning 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 on the outside of the cover.
(5)
Solar batteries. If a solar collector system includes solar batteries,
the solar batteries must be placed in a secure container or enclosure
that meets the requirements of the New York State Building Code when
in use. When no longer in use, solar batteries shall be disposed of
in accordance with the New York State Fire Prevention and Building
Code and local laws of the Village of Canajoharie and any other applicable
laws or regulations.
(6)
Glare and heat. No direct or unreasonable glare or heat transmission
shall be perceptible beyond the boundaries of the parcel on which
the solar collector system is situated.
(7)
Screening. All solar collector systems shall be appropriately screened
through use of appropriate landscaping, in a manner approved by the
Board, that minimizes or eliminates any unreasonable glare, unsightly
equipment, transfer of heat or other unreasonable interference with
another citizen's use and enjoyment of their property or public
property. No screening materials may interfere with a clear sight
of traffic triangle at driveways or intersections. Residential flush-
or ground-mounted solar collector systems that conform to the Building
Code of the Village of Canajoharie shall not require additional screening.
(8)
Shading. All solar collector systems shall be placed in a manner
that reasonably minimizes shading of any adjacent properties and/or
blockage of surrounding properties, while at the same time maintaining
adequate solar access for the collectors, with the understanding that
not all properties are suitable for solar collection purposes.
(9)
Impact on environment and property. The placement of solar collection
systems shall be made such that any impact from the placement of said
systems shall have minimal impact on the environment and any surrounding
properties, such as drainage, impervious coverage, and loss of habitat
or farmland, as determined through the State Environmental Quality
Review (SEQR).
(10)
Removal. For existing solar collector systems that have been
decommissioned, the following requirements shall be met:
(a)
Solar collector systems that have not been in continuous use
or maintained for 12 consecutive months shall be removed at the expense
of the owner or operator.
(b)
Photos of the site shall be taken before construction of the
array and submitted with the applicant's special use permit application.
The solar site shall be restored to preconstruction condition within
six months of system removal. This condition should match as closely
as possible to prior existing conditions.
(c)
The decommissioning and removal of any solar collection systems
shall be undertaken in a manner which conforms to the plan submitted
to the Village Board at the time original application was made and
subsequent permit was granted. Said decommission and removal may be
undertaken by alternate plan, at the discretion of the Village Board.
B.
Noncommercial solar collector systems.
(1)
Rooftop and flush-mounted solar collection systems. All rooftop and
flush-mounted solar collectors are allowed outright in the Village
of Canajoharie subject to applicable building codes, state and federal
regulation, the general provisions for commercial and noncommercial
solar collector systems, and the following conditions:
(a)
Before installing any rooftop or flush-mounted solar collector,
the property owner shall apply for and receive a building permit and
be subject to all fees and inspections required in the standard building
permit process.
(b)
Any solar collector may not extend more than three feet from
the surface of an angled rooftop.
(c)
Rooftop collectors must be at least three feet from any chimney
and must not overhang any part of the roof.
(e)
Rooftop and flush-mounted solar collectors are permitted on
all principal structures and accessory structures that meet principal
structure setbacks and are subject to applicable building codes and
state and federal regulations.
(2)
Freestanding solar collector systems up to and including 10 feet
high and up to and including 20 feet long are allowed outright in
the Village of Canajoharie, subject to applicable building codes,
state and federal regulation, and the general provisions for commercial
and noncommercial solar collector systems, above, so long as they
are installed not less than 100 feet from any property line. They
may be installed in a front yard if this setback requirement is met.
(3)
Freestanding solar collector systems greater than 10 feet high or greater than 20 feet long (including both panel and pole) require a special use permit (see § 126-5D, Conditions for special use permit) and are subject to applicable building codes, state and federal regulations, the general provisions for commercial and noncommercial solar collector systems, and review by the Village of Canajoharie Planning Board.
C.
Commercial solar collector systems.
(1)
All commercial solar collector systems require a special use permit (see § 126-5D, Conditions for special use permit), and are subject to review by the Village of Canajoharie Planning Board, applicable building codes, state and federal regulations, and the general provisions for commercial solar collector systems.
(2)
Site plan. All commercial solar collector systems shall provide a
site plan application that includes State Environmental Quality Review
(SEQR) documentation to the Village of Canajoharie Planning Board
for review.
(3)
Size and area requirements. The maximum height of all solar collectors
shall be 20 feet from ground level.
(4)
Maximum height. The maximum height of all buildings and accessory
structures associated with a commercial solar collector system shall
be 35 feet, excluding the solar collector.
(5)
Minimum setback. The minimum setback for all commercial solar collector
systems and associated buildings, accessory structures and equipment
shall be 50 feet from any property or parcel that is adjacent to but
not part of the solar site. If the solar site is located adjacent
to a property or feature that would be adversely affected by herbicide
application to the solar site (e.g., contamination of an organic farm
or a waterway), the Village of Canajoharie Planning Board reserves
the right to modify setback requirements as deemed necessary and appropriate.
(6)
Impervious surface requirements. The maximum impervious ground level
surface parcel coverage of all commercial solar collector systems
and associated accessory structures and equipment shall be 20%. The
minimum pervious ground level surface parcel coverage of all commercial
solar collector systems and associated accessory structures and equipment
shall be 80%.
(7)
Site size. The maximum solar site size shall be 20 acres.
(8)
Signage. All signage shall be provided in the site plan and be in
accordance with the proper zoning laws.
(9)
Visual.
(a)
Commercial solar collector systems shall be sited in a manner
to have the least possible practical visual effect on the environment.
(b)
A visual environmental assessment form, landscaping plan, line-of-sight
drawing and visual assessment report, including appropriate modeling
and photography assessing the visibility from key viewpoints identified
in the visual environmental assessment form shall be required. Existing
tree lines, surrounding topography and proposed elevations should
be included.
(c)
Landscaping, screening and/or earth berms shall be provided
to minimize the potential visual impacts associated with the commercial
solar collector system and its accessory buildings, structures and
equipment. Additional landscaping, screening and/or earth berms may
be required by the Village of Canajoharie Board and/or the Village
of Canajoharie Planning Board to mitigate visual and aesthetic impacts.
(d)
The associated structure shall be screened, placed underground,
depressed, earth bermed or sited below the ridge line to the greatest
extent feasible, particularly in areas of high visibility.
(10)
Lighting. A lighting plan shall be submitted to the Village
of Canajoharie Planning Board as part of the site plan. No commercial
solar collector system shall be artificially lighted unless required
by a federal, state or local authority. Exterior lighting may be provided
for the associated accessory structures or entrances as deemed appropriate
for security purposes only.
(11)
Utilities. The applicant shall provide written confirmation
to the Village of Canajoharie Planning Board that the electrical grid
has the capacity to safely receive the energy generated from the commercial
solar collector system. Electrical and landline telephone utilities
extended to serve the site shall be sited underground.
(12)
Access. The applicant shall indicate on the site plan all access
points to the site, including roadways, electrical power, emergency
access, landline telephone connection and other utilities, both existing
and proposed, within the property boundaries of the proposed location.
Existing roadways shall be used for site access whenever possible
and acceptability determined by the Village of Canajoharie Planning
Board during the site plan review process.
(13)
Ownership. In the case of an application for a commercial solar
collector system to be located on private lands owned by a party other
than the applicant or the Village of Canajoharie, a copy of the lease
agreement with the property owner shall be filed with the Village
of Canajoharie.
(14)
Proof of insurance. The applicant and the owner of the property
where the commercial solar collector system is to be located shall
file with the Village of Canajoharie proof of insurance in a sufficient
dollar amount to cover potential personal and property damage associated
with construction and operation thereof.
(15)
Security provisions. Each site shall have a security fence a
minimum of six feet high to prevent unauthorized access and vandalism
to the commercial solar collector system as well as a security program
for the site as approved by the Village of Canajoharie Planning Board
through site plan review.
(16)
Noise. Noise-producing equipment shall be sited and/or insulated
to minimize noise impacts on adjacent properties, as required and
approved by the Village of Canajoharie Planning Board during site
plan review.
(17)
Documentation. The utility company shall provide annual verification
to the Village of Canajoharie Code Enforcement Officer (or Building
Inspector) that the commercial solar collector system is active.
(18)
Obsolete or unused facilities. The Village of Canajoharie requires
securities for the construction, maintenance and removal of commercial
solar collector systems. Failure to comply with the conditions of
building permit approval or maintain security at any point during
construction or long-term site maintenance will result in the revocation
of the certificate of occupancy. All costs incurred by the Village
of Canajoharie to come into compliance with conditions shall be paid
from this security. Similarly, if an owner, applicant or lessee fails
to remove any structures of an abandoned decommissioned solar site
(or does not restore an abandoned decommissioned site to an acceptable
condition), then all costs incurred by the Village of Canajoharie
to comply with this condition shall be paid from this security.
(a)
Performance bond and other security. The Village of Canajoharie
Code Enforcement Officer (or Building Inspector) shall estimate the
amount required to cover the full cost of removal and disposal of
the commercial solar collector system and any associated accessory
structures in the event that the solar site is abandoned. As a prerequisite
to receiving a building permit and a condition of the certificate
of compliance, the property owner (or system operator acting on behalf
of the property owner) shall provide a performance bond or other security
in this amount. Any security must be provided pursuant to a written
security agreement with the Village of Canajoharie and approved by
the Village of Canajoharie Board and the Village of Canajoharie Attorney
as to form sufficient manner of execution. Acceptable forms shall
include (in order of preference) cash, letter of credit, a bond that
cannot expire or a combination thereof; the form of security shall
be limited to that permissible under New York State law.
(b)
Abandonment. The Village of Canajoharie shall determine a commercial
solar collector system abandoned after the owner, applicant or lessee
fails to provide the required annual documentation to verify system
operation (as described in general provisions for commercial solar
collector systems) for one year. The Village of Canajoharie Code Enforcement
Officer (or Building Inspector) shall then provide written notice
to the owner to remove the commercial solar collector system, including
any associated accessory structures and/or equipment, and to restore
the site to its original preconstruction condition, subject to approval
by the Village of Canajoharie Planning Board.
(c)
Removal. Photos of the site shall be taken before construction
and submitted with the special use permit application. The owner or
operator shall dismantle and remove a commercial solar collector system,
including accessory structures and/or equipment, that has been decommissioned
or has not been maintained for 12 consecutive months. The owner or
operator shall assume all costs for such removal and remediation of
the site to its previous condition, subject to approval by the Village
of Canajoharie Planning Board. The solar site shall be restored to
preconstruction condition within six months of system removal. This
condition should match, as closely as possible, prior existing conditions.
D.
Conditions for special use permit. The form of application for a
said special use permit shall be provided by the Village and must
be submitted to the Village of Canajoharie Code Enforcement Officer
for review and approval prior to the issuance of any special use permit.
The Village Code Enforcement Officer is hereby vested with sole authority
to approve or disapprove any application and/or to issue or refuse
to issue any special use permit in conformance with this chapter,
with or without first consulting and/or receiving a recommendation
from the Village Board of Trustees or any other Village officer. The
Village Board may provide, by process of application, a special use
permit subject to the following conditions:
(1)
The property owner shall apply for and receive a special use permit
from the Village of Canajoharie Planning Board and be subject to any
and all filing fees.
(2)
The special use permit application provided by the Village of Canajoharie
Planning Board shall include, but is not limited to, the following
information:
(a)
Name and address of the applicant.
(b)
Evidence that the applicant is the owner of the property (or
has written permission of the owner to make such an application).
(c)
Photographs of the projected site.
(d)
A site plan application that includes State Environmental Quality
Review (SEQR) documentation.
(e)
A plot and development plan drawn in sufficient detail to clearly
describe the following:
[1]
Physical dimensions of the property, existing structures, and
proposed structures;
[2]
Location of proposed and existing structures;
[3]
Location of existing and proposed electrical lines;
[4]
Existing topography and proposed changes;
[5]
Setbacks; and
[6]
Location and distance to the nearest state-, county- or town-maintained
road.
(3)
After review of a special use permit application, the Village of
Canajoharie Planning Board reserves the right to waive any portion
of the special use permit criteria set forth in this chapter except
determinations made during State Environmental Quality Review (SEQR).
(4)
After the special use permit has been approved, the property owner
shall apply for and receive a building permit and be subject to all
fees and inspections required in the standard building permit process.
Any placement or retention of any solar energy system in violation
of this chapter is hereby declared to be a public nuisance which may
be enjoined or which may subject the violator to the fines and penalties
herein provided.
A.
The Village shall, from time to time, appoint and authorize a Zoning
or Code Enforcement Officer to police and/or enforce the regulations
and prohibitions of this chapter, to review, approve and/or disapprove
applications for special use permits, to issue special use permits
and/or to issue warnings, notices of violation and/or notices to comply,
issue citations and/or assess fines, abate, defend and/or seek any
and all available remedies arising out of or from any claim and/or
cause of action for and against the Village, its Board, Board Trustees
and/or officers, for any matter arising out of a real or alleged violation
or other grievance under this chapter.
B.
Fines/penalties. Any person who shall violate any provision of this
chapter may be subject to a fine or penalty of $25 per day for each
day upon which such violation shall exist and not be remedied. Each
day subsequent to the day upon which notice of violation is first
given, and upon which said violation shall continue and not be remedied,
shall constitute a separate and continuing violation for which the
aforesaid daily fine or penalty shall be newly and continually assessed.
C.
Complaints. Any person may file a complaint with the enforcement
officer that a violation of this chapter may have taken place. The
Code Enforcement Officer shall properly record and investigate any
such complaint. The Code Enforcement Officer may also investigate
any alleged violation that he or she has good reason to believe has
occurred or is occurring.
D.
Notice to comply. A notice to comply shall be prepared and served
by the Code Enforcement Officer and shall contain:
(1)
The name of the owner or occupant to whom the notice shall be addressed;
(2)
The location of the premises involved in the violation;
(3)
A statement of the facts which it is alleged violates this chapter;
(4)
A demand that the violation or situation be remedied so as to be
in compliance with this chapter within a specified number of days
after the service or mailing of the notice;
(5)
A statement that a failure to comply with the demand may result in
prosecution; and
(6)
A copy of this chapter.
E.
Enforcement. The Code Enforcement Officer is hereby authorized pursuant
to Criminal Procedure Law § 150.20(3) to issue an appearance
ticket to any person whom the Code Enforcement Officer had reason
to believe had violated this chapter, and shall cause such person(s)
to appear before the appropriate justice.
F.
Summary abatement.
(1)
Upon failure of an owner, tenant or occupant with notice to correct
a violation of this or any law of the Village of Canajoharie, the
Village Board may hold a public hearing to determine whether the violation
constitutes a public nuisance requiring abatement by the Village.
The public hearing shall be held upon notice posted conspicuously
on the subject property. The notice shall also be sent to the last
known address of the property owner, as it appears on the current
assessment records of the Village, by certified mail, return receipt
requested or served on the owner by personal service. Posting and
service of such notice shall not be less than 21 calendar days exclusive
of the date of service, prior to the date of the public hearing. This
notice shall:
(a)
Identify the premises as the same appears on the current assessment
role;
(b)
Contain a statement of the conditions on the property deemed
upon inspection to constitute a public nuisance;
(c)
Contain a demand that the condition or conditions constituting
the public nuisance be immediately abated or removed before the date
of the hearing specified in the notice;
(d)
Contain a statement that a failure or refusal to comply within
the period specified may result in a duly authorized officer, agent
or employee of the Village entering the property and abating or removing
the public nuisance; and
(e)
Contain a statement that the cost and expense of such abatement
or removal shall be the responsibility of the owner, tenant or occupant,
and, without limitation on the Village's potential remedies to
recoup its expenses, such cost and expense shall be assessed against
the described property and shall constitute a lien thereon to be collected
as provided by law.
(2)
Wherein the Board finds, based on substantial evidence in the public
hearing record, that the violation or violations amount to a public
nuisance requiring abatement by the Village, the Board may cause the
remedy, abatement or removal of the public nuisance. The remedy, abatement
or removal may be performed by the Village or by its designee, or
agent, including a private contractor lawfully engaged and authorized
by the Village. The Board shall ascertain the cost of the remedy,
abatement or removal, and assess such expense against the record owner
of the property. The expense so assessed shall constitute a lien in
charge on real property on which it is levied until paid or otherwise
satisfied or discharged and shall be collected in the same manner
and at the same time as other Village charges. The foregoing shall
not be construed as a limitation on the Village's potential remedies
to recover its costs.
(3)
The removal of any nuisance by the Village's agents shall not
operate to excuse such owner, tenant or occupant from properly maintaining
the premises as required by this chapter. Such owner, tenant or occupant
shall, in addition to the remedies provided herein, be subject to
any other penalties provided for by this chapter.
The provisions of this chapter are hereby declared to be severable
and if any clause, sentence, word, section or provision is declared
void or unenforceable for any reason by any court of competent jurisdiction,
it shall not affect any portion of this chapter other than said part
or portion thereof.
