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:
APPLICANT
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.
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, photovoltaic roofing coverings and shingles, photovoltaic
awnings, and shading over windows.
BUILDING-MOUNTED SOLAR ENERGY SYSTEMS
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.
COLDEN UNIFIED SOLAR PERMIT
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.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
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.
MICRO SOLAR ENERGY SYSTEM
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.
NET ENERGY METERING
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.
QUALIFIED SOLAR INSTALLER
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.
ROOFTOP-MOUNTED SOLAR ENERGY SYSTEM
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.
SOLAR EASEMENT
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.
SOLAR ENERGY EQUIPMENT
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.
SOLAR ENERGY SYSTEM
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
SOLAR PANEL
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.
SOLAR SKYSPACE
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.
USP
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.
UTILITY-SCALE SOLAR ENERGY SYSTEM
(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."
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.
B. Ground-mounted solar energy systems of 25kW capacity or less, subject
to permitting rules, are allowed as accessory structures in all zoning
districts of the Town subject to the restrictions of Zoning and this chapter.
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.
D. Utility-scale solar energy systems are only permitted in Agricultural
(Ag) and Commercial (C) Zoning Districts upon approval of a special
use permit and building permit and subject to placement and other
restrictions as defined by this chapter and Zoning.
E. Any inconsistent provisions of the Zoning Law which purport to or may be interpreted to allow solar
energy systems in other districts are hereby superseded.
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.
O. This article shall take precedence over any inconsistent provisions
of the Zoning Law of the Town of Colden.
P. This article shall not apply to any lot owned by a municipality.