This Solar Energy Local Law is adopted pursuant to §§ 261 and 263 of the Town Law and §
20 of the Municipal Home Rule Law of the State of New York, which authorize the Town of Orangetown to adopt zoning provisions that advance and protect the health, safety and welfare of the community, and, in accordance with the laws 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 SOLAR ENERGY SYSTEM
A combination of solar panels and solar energy equipment
integrated into any building envelope system, such as vertical facades,
semitransparent skylight systems, roofing materials, or shading over
windows, which produce electricity for on-site consumption.
FARMLAND OF STATEWIDE IMPORTANCE
Land, designated as "Farmland of Statewide Importance" in
the U.S. 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 via
a pole or other mounting system, detached from any other structure
that generates electricity for on-site or off-site 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 U.S. 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 energy system located on the roof of any legally
permitted building or structure that produces 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 a total surface area of all solar panels on the lot of
up to 4,000 square feet and that generate up to 110% of the electricity
consumed on the site over the previous 12 months.
C.
Tier 3 solar energy systems are systems that are not included
in the list for Tier 1 and Tier 2 solar energy systems. An example
includes, but is not limited to solar energy systems producing 25
MW or more as permitted by the Board on Electric Generation Siting
and the Environment.
SOLAR PANEL
A photovoltaic device capable of collecting and converting
solar energy into electricity.
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. Residential systems shall be exempt from site plan review
subject to the following conditions for each type of solar energy
system; however, those located within the Tappan or Palisades Historic
District require Historic Areas of Review approval.
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 residential roof-mounted solar energy systems shall comply
with the height limitations in Appendix 1. All commercial roof-mounted solar energy systems shall
comply with Appendix 1 and 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. All nonresidential systems require
site plan review. Residential systems may be exempt from site plan
review, if said proposed system obtains approval from the Town of
Orangetown Building Department that the system complies with 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 comply with the height
limitations in Appendix 1.
D. Screening and visibility.
1) All Tier 2 solar energy systems 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. The screening and landscaping 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 landscaped
screening shall be comprised of evergreen trees, at least six feet
high at time of planning, plus two supplemental shrubs at the reasonable
discretion of the Town of Orangetown Planning Board, all planted within
each 10 linear feet of the solar energy system. Existing vegetation
may be used to satisfy all or a portion of the required landscaped
screening. A list of suitable evergreen tree and shrub species should
be provided by the Town of Orangetown.
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 still providing adequate
solar access.
All Tier 3 solar energy systems are permitted through the issuance
of a special use permit by the Planning Board within the LI, LIO,
LO, MFR, OP, RPC Zoning Districts, and subject to site plan application
requirements set forth in this section.
A. Applications for the installation of a Tier 3 solar energy system
shall be:
1) Reviewed by the Building Inspector for completeness. Applicants shall
be advised within 15 business days of the completeness of their application
or any deficiencies that must be addressed prior to substantive review.
2) Subject to a public hearing to hear all comments for and against
the application. The Planning Board of the Town of Orangetown shall
have a notice printed in a newspaper of general circulation in the
Town of Orangetown 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 Department pursuant to General Municipal
Law § 239-m.
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
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 right-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 the 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.
Said information shall be depicted pursuant to the guidelines contained
in the National Electric Code.
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 eight inches
in diameter should be minimized to the 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 of Orangetown as set forth in Section
§ 17.10B herein.
2) A decommissioning plan (See Appendix 2.) signed by the owner and/or operator of the solar energy
system shall be submitted 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 damage caused to the property
by the installation and removal of the solar energy system.
3) Security.
a.
The deposit, executions, or filing with the Town of Orangetown
Clerk of cash, bond, or other form of security reasonably acceptable
to the Town of Orangetown 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. The decommissioning amount shall be reduced by the amount
of the estimated salvage value 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 of Orangetown, 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 § 17.10B
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 over current 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.
9) Erosion and sediment control and stormwater management plans prepared
to New York State Department of Environmental Conservation standards,
if applicable, and to such standards as may be established by the
Planning Board.
10)
Prior to the issuance of the building permit or final approval
by the Planning Board but not required as part of the application,
engineering documents must be signed and sealed by a New York State
(NYS) licensed professional engineer or NYS registered architect.
J. Special use permit standards.
1) Lot size.
a.
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.
a.
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 height
limitations in Appendix 1 depending on the underlying zoning district and 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:
I.
Foundation systems, typically consisting of driven piles or
monopoles or helical screws with or without small concrete collars.
II.
All mechanical equipment of the solar energy system, including
any pad-mounted structure for batteries, switchboard, transformers,
or storage cells.
III.
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. All mechanical equipment, including any structure
for storage batteries, shall be enclosed by a seven-foot-high fence,
as required by NEC, with a self-locking gate to prevent unauthorized
access.
6) Screening and visibility.
a.
Solar energy systems smaller than five 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 five acres shall be required
to:
I.
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 by the Planning Board to be submitted by the applicant.
II.
Submit a screening and landscaping 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 extent
feasible.
III.
The screening and landscaping 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 landscaped
screening shall be comprised of evergreen trees, at least six feet
high at time of planning, plus two supplemental shrubs at the reasonable
discretion of the Town of Orangetown Planning Board, all planted within
each 10 linear feet of the solar energy system. Existing vegetation
may be used to satisfy all or a portion of the required landscaped
screening. A list of suitable evergreen tree and shrub species should
be provided by the Town of Orangetown.
7) Agricultural resources. For projects located on agricultural lands:
a.
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 entire lot.
b.
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 Department of
Agriculture and Markets.
c.
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 Building Department of
such change in ownership or operator within 30 days of the ownership
change.
Any violation of this solar energy law shall be subject to the
same enforcement requirements, including the civil and criminal penalties,
provided for in the zoning or land use regulations of Town of Orangetown.
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.
This local law shall become effective immediately upon being
filed with the Secretary of State.