This article is adopted pursuant to §§ 261 to
263 of the Town Law of the State of New York, which authorize the
Town of Walton, New York, 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."
As used in this article, the following terms shall have the
meanings indicated:
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.
FARMLAND OF STATEWIDE IMPORTANCE
Land, designated as "farmland of statewide importance" in
the United States Department of Agriculture Natural Resources Conservation
Service's (NRCS) 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.
GLARE
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.
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
consumption.
LARGE-SCALE SOLAR ENERGY SYSTEM
A solar energy system that is ground-mounted and produces
energy primarily for the purpose of off-site sale or consumption.
NATIVE PERENNIAL VEGETATION
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.
POLLINATOR
Bees, birds, bats, and other insects or wildlife that pollinates
flowering plants, and includes both wild and managed insects.
PRIME FARMLAND
Land, designated as "prime farmland" in the United States
Department of Agriculture Natural Resources Conservation Service's
(NRCS) 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.
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 ACCESS
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.
SOLAR ENERGY EQUIPMENT
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
SOLAR ENERGY SYSTEM
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:
A.
Tier 1 solar energy systems include the following:
(1)
Roof-mounted solar energy systems.
(2)
Building-integrated solar energy systems.
B.
Tier 2 solar energy systems include ground-mounted solar energy
systems with system capacity up to 20 kilowatt AC and that generate
no more than 110% of the electricity consumed on the site over the
previous 12 months.
C.
Tier 3 solar energy systems are systems with a capacity above
20 kilowatt AC and that are not included in the list for Tier 1 and
Tier 2 solar energy systems.
SOLAR PANEL
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
STORAGE BATTERY
A device that stores energy and makes it available in an
electrical form.
All Tier 1 solar energy systems shall be permitted in all zoning
districts and shall be exempt from site plan review under this chapter,
subject to the following conditions for each type of solar energy
systems:
A. Roof-mounted solar energy systems.
(1) Roof-mounted solar energy systems shall incorporate, when feasible,
the following design requirements:
(a)
Solar panels on pitched roofs shall be mounted with a maximum
distance of eight inches between the roof surface and the highest
edge of the system.
(b)
Solar panels on pitched roofs shall be installed parallel to
the roof surface on which they are mounted or attached.
(c)
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)
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) Glare. All solar panels shall have antireflective coating(s).
(3) Height. All roof-mounted solar energy systems shall be subject to
the maximum height regulations specified for principal and accessory
buildings within the underlying zoning district.
B. Building-integrated solar energy systems shall be shown on the plans
submitted for the building permit application for the building containing
the system.
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 this article or other land use regulations, subject to
the following conditions:
A. Glare. All solar panels shall have antireflective coating(s).
B. Setbacks. Tier 2 solar energy systems shall be subject to the setback
regulations specified for the accessory structures within the underlying
zoning district. All ground-mounted solar energy systems shall only
be installed in the side or rear yards in residential districts.
C. Height. Tier 2 solar energy systems shall be subject to the height
limitations specified within the underlying zoning district.
D. Screening and visibility.
(1) All Tier 2 solar energy systems shall have views minimized from adjacent
properties to the extent reasonably practicable.
(2) 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 while providing adequate solar
access.
E. Lot size. Tier 2 solar energy systems shall comply with the existing
lot size requirement specified within the underlying zoning district.
All Tier 3 solar energy systems are permitted through the issuance
of a special use permit within all zoning districts, and subject to
site plan application requirements set forth in this section.
A. Applications for the installation of Tier 3 solar energy system shall
be:
(1) Reviewed by the Code Enforcement Officer for completeness. Applicants
shall be advised within 30 business days of receipt of their application.
The Code Enforcement Officer will notify the applicants of the completeness
of their application or any deficiencies that must be addressed prior
to substantive review by the Planning Board.
(2) Subject to a public hearing to hear all comments for and against
the application. The Planning Board of the Town of Walton shall have
a notice printed in a newspaper of general circulation in the Town
at least five days in advance of such hearing. Applicants shall have
delivered the notice by first class mail to adjoining landowners or
landowners within 200 feet of the property at least 10 days prior
to such a hearing. Proof of mailing shall be provided to the Planning
Board at the public hearing.
(3) Referred to the County Planning Board pursuant to General Municipal
Law § 239-m, if required.
(4) Upon closing of the public hearing, the Planning Board shall take
action on the application within 62 days of the public hearing, which
can include approval, approval with conditions, or denial. The sixty-two-day
period may be extended upon consent by both the Planning Board and
the applicant.
B. 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 rights-of-way.
C. Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
D. Signage.
(1) 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 eight square feet.
(2) 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. Glare. All solar panels shall have antireflective coating(s).
F. 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. Tree cutting. Removal of existing trees larger than six inches in
diameter should be minimized to the greatest extent possible.
H. Decommissioning.
(1) Solar energy systems that have been abandoned and/or not producing electricity for a period of one year 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 §
200-100B herein.
(2) A decommissioning plan (see example in Appendix A) signed by the owner and/or operator of the solar energy
system shall be submitted to the Town Board by the applicant, addressing
the following:
(a)
The cost of removing the solar energy system.
(b)
The time required to decommission and remove the solar energy
system and any ancillary structures.
(c)
The time required to repair any land which was disturbed by
the installation and removal of the solar energy system. Upon completion
of the decommissioning, the parcel of land shall be returned to the
condition it was prior to the installation.
(3) Security.
(a)
The deposit, executions, or filing with the Town Clerk of cash,
bond, or other form of security reasonably acceptable to the Town
Attorney and/or 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 2% annually for
the life of the solar energy system.
(b)
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, which shall be entitled
to maintain an action thereon. 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.
(c)
In the event of default or abandonment of the solar energy system, the system shall be decommissioned as set forth in §
200-100B and
C herein.
I. 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) Property lines and physical features, including roads, for the project
site.
(2) Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(3) 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 overcurrent devices.
(4) 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) 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) 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) Zoning district designation for the parcel(s) of land comprising
the project site.
(8) Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
J. Special use permit standards.
(1) Lot size. The property on which the Tier 3 solar energy system is
placed shall meet the lot size requirements of the underlying zoning
district.
(2) Setbacks. The Tier 3 solar energy systems shall comply with the setback
requirements of the underlying zoning district for principal structures.
(3) Height.
(a)
The Tier 3 solar energy systems shall comply with the building
height limitations for principal structures of the underlying zoning
district.
(4) Lot coverage.
(a)
The following components of a Tier 3 solar energy system shall
be considered included in the calculations for lot coverage requirements:
[1]
Foundation systems, typically consisting of driven piles or
monopoles or helical screws with or without small concrete collars.
[2]
All mechanical equipment of the solar energy system, including
any pad mounted structure for batteries, switchboard, transformers,
or storage cells.
[3]
Paved access roads servicing the solar energy system.
(b)
Lot coverage of the solar energy system, as defined above, shall
not exceed the maximum lot coverage requirement of the underlying
zoning district.
(5) Fencing requirements.
(a)
All mechanical equipment, including any structure for storage
batteries, shall be enclosed by a seven-foot-high fence, as required
by the National Electric Code (NEC), with a self-locking gate to prevent
unauthorized access.
(6) Screening and visibility.
(a)
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)
Solar energy systems larger than 10 acres shall be required
to:
[1]
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,
may be required to be submitted by the applicant.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[2]
Submit a landscape plan to show adequate measures to screen
through landscaping, grading, or other means so that views of solar
panels and solar energy equipment shall be minimized as reasonably
practical from public roadways and adjacent properties to the greatest
extent feasible.
[a] The landscape plan shall specify the locations,
elevations, height, plant species, and/or materials that will comprise
the structures, landscaping, and/or grading used to screen and/or
mitigate any adverse aesthetic effects of the system. The landscape
plan shall be reviewed by the Town Planning Board and approved as
part of the site plan approval process. Existing vegetation may be
used to satisfy all or a portion of the required landscaped screening.
(7) Agricultural resources. For projects located on agricultural lands:
(8) Any Tier 3 solar energy system located on the areas that consist
of prime farmland or farmland of statewide importance shall not exceed
50% of the area of prime farmland or farmland of statewide importance
on the parcel.
(9) To the maximum extent practicable, Tier 3 solar energy systems located
on prime farmland shall be constructed in accordance with the construction
requirements of the New York State Agriculture and Markets Law.
(10)
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. 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 the successor owner or operator
assumes, in writing, all of the obligations of the special use permit,
site plan approval, and decommissioning plan. A new owner or operator
of the solar energy system shall notify the Code Enforcement Officer
of such change in ownership or operator within 30 days of the ownership
change.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any violation of this article shall be subject to the same enforcement
requirements, including the civil and criminal penalties, provided
for in this chapter or land use regulations of the Town.
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.