The Town finds that restrictions of regulations in regard to
the use of land within the Town for solar power projects or private
solar projects are appropriate to properly address community impact,
concerns or issues in a manner in which is meaningful and consistent
with the Comprehensive Plan of the Town.
The Town Board of the Town of Colden makes the following findings:
A.
The Town Board of the Town of Colden recognizes that solar energy
is a clean, readily available and renewable energy source and the
Town of Colden intends to accommodate the use of solar systems. The
Town of Colden also desires 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."
B.
This chapter is adopted to advance and protect the public health,
safety, and welfare of the Town of Colden, including:
(1)
Taking advantage of a safe, abundant, renewable, and nonpolluting
energy resource;
(2)
Decreasing the cost of energy to the owners of commercial and residential
properties, including single-family houses; and
(3)
Increasing employment and business development in the region by furthering
the installation of solar energy systems.
C.
However, the Town Board finds a need to properly site solar energy
systems within the boundaries of the Town of Colden to protect residential,
business areas and other land uses, to preserve the overall beauty,
nature and character of the Town of Colden, to promote the effective
and efficient use of solar energy resources, and to protect the health,
safety and general welfare of the citizens of the Town of Colden.
D.
Prior to the adoption of this article, no specific procedures existed
to address the siting of solar energy systems. Accordingly, the Town
Board finds that the promulgation of this article is necessary to
direct the location and construction of these systems.
E.
Solar energy systems need to be regulated for removal when no longer
utilized.
The following definitions shall apply to this chapter:
The person or entity filing an application and seeking an
approval under this article; the owner of a solar energy system or
a proposed solar energy system project; the operator of solar energy
system or a proposed solar energy system project; any person acting
on behalf of an applicant, solar energy system or proposed solar energy
system. Whenever the term "applicant," "owner," or "operator" is used
in this chapter, said term shall include any person acting as an applicant,
owner or operator.
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, photovoltaic roofing coverings and shingles, photovoltaic
awnings, and shading over windows.
A solar energy system that is affixed to the side(s) of a
building either directly or by means of support structures or other
mounting devices, but not including those mounted to the roof or top
surface of a building. Said system is designed and intended to generate
energy primarily for on-site consumption.
This is the adopted Colden Unified Solar Permit (USP), form,
instructions, and online guidance which is promulgated by NYSERDA
and/or other New York State agencies, and provides for the expedited
permitting process for certain classes of private solar energy systems
which are 25kW or less in capacity. The Colden USP allows for private
roof-mounted and ground-mounted designs.
A solar energy system that is affixed to the ground either
directly or by support structures or other mounting devices. Said
system is an accessory structure, designed and intended to generate
electricity primarily for on-site consumption.
A small consumer-grade solar photovoltaic system which is
available for sale to the general public at normal retail outlet sources
which is installed for private use and which has a total output of
1,000 watts or less nameplate rating. This class of solar equipment
must be for dedicated on-site purposes and not connected to the utility
grid or interconnected with the utility power. An example of this
system would be a solar array, and perhaps a battery, to power low-voltage
driveway or garden lighting, a pond pump, and other similar standalone
uses.
Use of a net energy meter to measure the net amount of electricity
supplied to the premises equipped with a solar energy system less
the electricity provided by the solar energy system to the electric
corporation (NYSEG for the case of Colden). Net metering shall be
in accordance with the New York Public Service Law § 66-j.
Net energy metering for a private solar energy system is allowed and
permitted as long as the excess energy produced falls within the 110%
of historical demand for the lot on which the private solar energy
system is installed.
A person or organization who has the skills and knowledge
related to the construction and operation of solar energy systems
and installation and who 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) shall be deemed to be qualified solar installers for the
purposes of this definition. Persons who are not on the NYSERDA list
of eligible installers may be deemed to be qualified solar installers
if the Colden Code Enforcement Officer or the Colden Town Board determines
such persons have training to perform the installation safely. Such
training shall include the proper use of precautionary techniques
and personal protective equipment as well as the skills and techniques
necessary to distinguish exposed energized parts or other parts of
electrical equipment on the site and to determine the nominal voltage
of exposed live parts.
Any solar energy system that is affixed to the roof of any
legally permitted building or structure and wholly contained within
the limits of the roof surface. Said system is designed and intended
to generate electricity solely for use on said lot, potentially for
multiple tenants, through a distribution system that is not available
to the general public.
A right, whether or not stated in the form of restriction,
easement, covenant, or conditions in any deed, will, or other instrument
executed by or on behalf of any owner of land or solar skyspace for
the purpose of ensuring adequate exposure of a solar energy system
as defined herein. This is an agreement between cooperating individual
landowners and does not involve, or include, the Town of Colden. Further,
the Town shall not be responsible for enforcement of any solar easement
agreements.
Electrical energy storage devices such as batteries, material,
hardware, inverters, or other electrical equipment and conduit of
photovoltaic devices associated with the production of electrical
energy under any provision of this chapter.
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. A solar panel consists of many
solar/photovoltaic modules and a group of solar panels connected together
is called a solar array. All of these devices, and combinations of
these devices, are regulated by this local law.
The space between a solar energy system panel and the sun
which must remain unobstructed such that on any given clear day of
the year, not more than 10% of the collectable solar insolation shall
be blocked. The issuance of any permit by the Town of Colden does
not constitute, or imply, any solar skyspace rights, and the Town
shall not be responsible for ensuring impermissible obstruction to
the solar skyspace as a result of uses or development performed in
accordance with Town Code.
The abbreviation for the Colden Unified Solar Permit process,
form, instructions, and implementation of the united solar permit
process in the Town. Forms and details are available from the Colden
Town Clerk and online at the Town's web site.
(Also known as "large-scale solar energy system" or "solar
farm," for example.) Any solar energy system that is ground-mounted
and, when taken as a whole on a lot, is designed and intended to supply
energy mainly into a utility grid for sale to the general public.
This produced energy is also known as energy for "off-site sale or
consumption."
A.
For purposes in the Town of Colden, the following categories of solar energy systems are considered and the general permitting characteristics are indicated below, further defined by sections of the Zoning Chapter 108 for use within the Town, including setbacks and other restrictions on solar energy system placement, operation, orientation, and other factors as defined elsewhere in the Code.
(1)
Colden classifies the systems as private or utility-scale, and defines
specific cases which differ in permitting methods as listed in the
overview below. Further:
B.
The purpose of the overview below is to give the applicant with a
high level look at the varied cases for solar energy systems in the
Town of Colden. The variations in this overview will make the review
of the specific zoning and permitting details clearer. The summary
is:
(1)
Micro solar energy systems: This category, as defined, is considered
incidental to the permitting process and is allowed in all zoning
districts as long as the installation location is consistent with
the placement for accessory structures and accessory use, and complies
with all setbacks for the underlying zoning district. These systems,
as defined, are standalone low-voltage systems available from retail
stores and similar outlets. No formal permitting is necessary for
these consumer systems, but coordination with the Colden Code Enforcement
Officer with respect to placement on the parcel, consistent with zoning
setbacks, is required.
(2)
Private rooftop-mounted solar energy systems of 25kW or less capacity:
This category, as defined, is permitted in all zoning districts, and
will be processed using the Colden Unified Solar Permit (USP) process
for installations which are deemed as eligible according to the Town
of Colden's adopted USP application process. Installations which
do not qualify as eligible under the rules of the USP process will
be processed via a special use permit and building permit.
(3)
Private rooftop-mounted solar energy systems greater than 25kW capacity:
This category is permitted in all zoning districts and does not qualify
as eligible under Colden's Unified Solar Permit rules. These
installations will be processed via a special use permit and building
permit procedure and are subject to zoning restrictions, and other
factors which may be required as conditions of the special use permit
approval.
(4)
Private ground-mounted solar energy systems of 25kW or less capacity: This category, as defined, is permitted in all zoning districts and will be processed using the Colden Unified Solar Permit (USP) process for all installations which are deemed as eligible according to the Town of Colden's adopted USP application process. Installations which, for any reason, do not qualify as eligible under the rules of the USP process will be processed via a special use permit and building permit procedure, and are subject to zoning restrictions as to placement, and other factors which may be required as conditions of the special use permit approval, for example, as indicated in Subsection B(5) below.
(5)
Private ground-mounted solar energy systems greater than 25kW capacity:
This category is permitted only in Colden's Agricultural (Ag)
and Commercial (C) Zoning Districts, and do not qualify as eligible
under the Colden's Unified Solar Permit rules. Therefore these
installations will be processed via the special use permit and building
permit procedure and are subject to zoning restrictions as to placement,
and other factors which may be required as conditions of the special
use permit approval.
(6)
Utility-scale solar energy system of any capacity: This category
is permitted only in Colden's Agricultural and Commercial Zoning
Districts, subject to conditions and zoning restrictions, and allowed
only via an approved special use permit and subsequent building permit,
with conditions and inspections as determined and defined by the Zoning
and the Colden Code Enforcement Officer. Any special use permit approval
may include other factors as determined by the Town Board as conditions
of the permit approval.
(7)
Building-mounted solar energy systems of any capacity: This category
is permitted in all zoning districts and will be processed in accordance
with a special use permit and building permit process. They do not
qualify as eligible under Colden's Unified Solar Permit procedures.
(8)
Building-integrated solar energy systems of any capacity: This category
is permitted in Colden in all zoning districts but since they are
highly integrated in nature, and related to the initial construction
of buildings, they will be processed in accordance with Colden's
building permitting procedures and New York State law; however, since
the integration of these systems into the design of the building is
structural in nature, the applicant must supply suitable design documents
and drawings certified and sealed by a New York State professional
engineer (PE) or a New York State registered architect (RA) as part
of the building permit process. Normal building permit reviews, approvals,
inspections and all required electrical inspections shall apply.
Use districts where allowed. Subject to the provisions of this
article, solar energy systems shall be allowed as follows:
A.
Rooftop-mounted, building-mounted, and building-integrated solar
energy systems are permitted in all zoning districts in the Town.
For the case of rooftop-mounted systems, permitting rules are based
upon capacity. Any rooftop system greater than 25kW capacity will
require a special use permit.
C.
Ground-mounted solar energy systems greater than 25kW capacity are
permitted as accessory structures in Agricultural (Ag) and Commercial
(C) Zoning Districts of the Town subject to the restrictions of Zoning
and this chapter and require a special use permit.
F.
The provisions of this article apply to solar electricity generation.
Direct or indirect solar water heating systems are not covered by
these regulations.
General regulations. The placement, construction, and major
modification of all solar energy systems within the boundaries of
the Town of Colden shall be permitted only as follows:
A.
All proposed solar energy systems are required to follow at least
the minimum standards set forth by the New York State Building Codes
and all specifications for such systems must be accompanied by a set
of drawings stamped by a New York State-certified engineer or registered
architect and code review checklist.
B.
All solar energy systems (except small standalone consumer systems
with a capacity of 1,000 watts or less) are required to obtain a permit
from the Town of Colden Building Department.
C.
All permitted solar energy systems are required to be installed by
a qualified solar installer.
D.
Ground-mounted and roof-mounted solar energy systems capable of producing
25kW of energy or less require a permit from the Town of Colden Building
Department and in some cases, based upon eligibility, may qualify
for processing under Colden's Unified Solar Permitting (USP)
process and building permit procedures. If the system does not qualify
for processing by the USP method, then a special use permit and building
permit is required. The Colden Code Enforcement Officer should be
consulted during initial planning of an installation of this category
and a review of all USP forms and guidance should be done prior to
submittal of any permitting by the applicant.
E.
Ground-mounted and roof-mounted solar energy systems capable of producing
more than 25 kW of energy are not eligible for consideration via the
Colden Unified Solar Permit (USP) process and will require the approval
of a special use permit and conditions, and also require site plan
approval from the Town Board, as well as an approved building permit
from the Colden Code Enforcement Officer.
F.
Building-mounted solar energy systems, regardless of capacity, will
require a special use permit and building permit from the Town of
Colden Building Department.
G.
Utility-scale solar energy systems (and all ground-mounted solar
energy systems over 25 kW) shall be subject to all provisions of this
article and permitted only in the approved zoning districts. [Agricultural
(Ag) and Commercial (C) only]. These systems shall require approval
of a special use permit and also site plan approval from the Colden
Town Board, and an approved building permit from Colden's Code
Enforcement Officer. The New York State SEQRA process is needed for
these systems as required by law.
H.
Solar energy systems, unless part of a utility-scale solar energy
system, shall be permitted only to provide power for use by owners,
lessees, tenants, residents or other occupants of the premises/parcel
on which they are erected, but nothing contained in this provision
shall be construed to prohibit sale of excess power, from time to
time, through a net metering arrangement in accordance with New York
Public Service Law § 66-j.
I.
Nothing in this article shall be interpreted as to limit the applicant's
implementation of net energy metering in conjunction with suitable
approvals and coordination with the applicable local electrical utility
engineering departments; applicant shall retain utility approvals
for file and for Code Enforcement Officer review, if determined necessary
by the Town of Colden as related to Public Service Law § 66-j
or applicable state of federal statute.
J.
All solar energy systems existing on the effective date of this article
shall be allowed to continue usage as they presently exist. Routine
maintenance (including replacement with a new system of like construction
and size) shall be permitted on such existing systems. New construction
other than routine maintenance shall comply with all the requirements
of this chapter.
K.
No solar energy system shall hereafter be used, erected, moved, reconstructed,
changed or altered except in conformity with these regulations.
L.
Permits by an applicant may include technology, innovations, or methods
not specifically defined by this solar energy system article. For
those cases, the solar energy system's permitting shall be processed
via the special use permit procedure as defined by this article.
M.
The Town of Colden reserves the right, by local laws, to provide
that no exemption pursuant to the provisions of New York State Real
Property Tax Law (RPTL) § 487 shall be applicable within
its jurisdiction.
N.
Any applications (including variance applications) pending for solar
energy systems on the effective date of this article shall be subject
to the provisions of this article.
P.
This article shall not apply to any lot owned by a municipality.
A.
Rooftop-mounted solar energy systems shall meet the maximum height
requirements of the underlying zoning district. All proposed installations
must be accompanied with a set of drawings stamped by a New York State-licensed
engineer or registered architect verifying the structural integrity
of the building and a New York State Code Compliance checklist. Further,
for the cases of a pitched roof and flat roof, the following conditions
shall be enforced:
B.
Building-mounted solar energy systems (non-rooftop) shall not be
more than 18 inches from the building wall and in no instance shall
any part of the system extend beyond the eave line or top of a parapet
wall. All proposed installations must be accompanied by a set of drawings
sealed by a New York State-licensed professional engineer or registered
architect, verifying the structural integrity of the building and
with the New York State Code Compliance checklist. The approval of
any building-mounted systems shall be by the special use permit and
building permit method as they are not eligible for consideration
under Colden's Unified Solar Permit method regardless of capacity
of the system.
C.
Building-integrated solar energy systems shall be designed and sealed
by a New York State professional engineer (PE) or registered architect
(RA) and will be reviewed under the building permit process as applicable,
by the Colden Code Enforcement Officer. This category is not eligible
for Colden's Unified Solar Permit process. These systems are
considered structural in nature and need complete design approval
by a New York State PE or RA as noted.
D.
Private ground-mounted solar energy systems shall be subject to the
following requirements:
(1)
The location of said solar energy system shall be placed no closer
than two times the standard setback requirements for an accessory
building/structure of the zoning district in which it is located.
(2)
The location of said solar energy system shall be only located in
the side or rear yard; no ground-mounted solar energy system shall
be permitted in front yards.
(3)
The height of said solar energy system shall not exceed 15 feet when
oriented at maximum tilt.
(4)
The total surface area of said solar energy system on a lot shall
not exceed 800 square feet per acre in R1, R2, R-RB.
(5)
The total surface area of a non-utility-scale solar energy system
on a lot situated in Agriculture (Ag) or Commercial (C) Use District
shall not exceed 5% of the total square footage of the entire lot.
(6)
The minimum lot size allowed for a utility-scale solar energy system
shall be 15 acres.
(7)
The total surface area of a utility-scale solar energy system situated
in an Agricultural (Ag) Use District, on a lot which is greater than
15 acres, is determined by the size of the parcel, as indicated below:
(a)
For parcels greater than 15 acres and less than 50 acres, a
utility-scale solar energy system shall not exceed 40% of the total
square footage of the entire lot.
(b)
For parcels 50 acres or greater, a utility-scale solar energy
system shall not exceed 30% of the total square footage of the entire
lot.
(8)
The total surface area of a utility-scale solar energy system, on
a lot which is greater than 15 acres, situated in a Commercial (C)
Use District, shall not exceed 10% of the total square footage of
the entire lot.
E.
Site plan requirements for ground-mounted solar energy systems. If
site plan approval is required by this article for a ground-mounted
solar energy system, or if a site plan is requested by the Code Enforcement
Officer, for any ground-mounted solar energy system, the applicant
shall be required to submit a site plan in accordance with the Town
of Colden's site plan requirements and also drawn in sufficient
detail as set forth below:
(1)
Plans and drawings of the solar energy system installation signed
by a New York State-certified professional engineer or registered
architect showing the proposal layout of the solar energy system along
with a description of all components, existing vegetation, any proposed
clearing and grading of the lot involved, any stormwater or erosion
disturbances, and utility lines, both above and below ground, on the
site and adjacent to the site; and clearly showing the direction of
surface water flow from the site.
(2)
Property lot lines and the location and dimensions of all existing
structures and uses within 500 feet of the solar panels.
(3)
Any proposed fencing and/or screening for said project.
(4)
Any such additional information as may be required by the Town's
professional engineer or consultant, the Town Planning Board, the
Town Board, the Town Attorney, the Code Enforcement Officer, or other
Town entity.
(5)
A public hearing on said site plan may be waived by the Town Board.
F.
Solar storage batteries. When solar storage batteries are included
as part of any solar energy system, they shall be placed in a secure
container or enclosure meeting the requirements of the New York State
Building Code.
G.
All solar energy systems shall adhere to all applicable federal,
state, county and Town of Colden laws, regulations, and building,
plumbing, electrical, and fire codes.
H.
Any solar energy system shall be accessible for all emergency service
vehicles and personnel complying with the requirements of the New
York State Building Code.
I.
All structures and devices used to support solar collectors shall
be nonreflective and/or painted a subtle color or earth-tone color.
J.
The design, construction, operation, and maintenance of any solar
energy system shall prevent the misdirection and/or reflection of
solar rays onto neighboring properties, public roads, and public parks
in excess of that which already exists.
K.
The development and operation of a solar energy system shall not
have a significant adverse impact on fish, wildlife, or plant species
or their critical habitats, or other significant habitats identified
by the Town of Colden or other federal or state regulatory agencies.
L.
Artificial lighting of any solar energy system shall be limited to
lighting required for safety and operational purposes and shall be
shielded from all neighboring properties and public roads.
M.
If the use, or functional capability, of an approved solar energy
system which required a special use permit is discontinued, the owner
or operator shall notify the Code Enforcement Officer within 30 days
of such discontinuance. If a solar energy system is to be retained
and reused, the owner or operator shall further inform the Code Enforcement
Officer of this in writing at such time and obtain any necessary approvals
within one year; otherwise it shall be automatically deemed abandoned.
N.
Any solar energy system to be used strictly for agricultural use
purposes, in accordance with New York State Agriculture and Markets
Law, may have some of the requirements of this article waived by the
Code Enforcement Officer or Town Board.
