[HISTORY: Adopted by the Village Board of the Village of
Cornwall-on-Hudson 3-25-2019 by L.L. No. 2-2019. Amendments noted where
applicable.]
A.
The Village Board of the Village of Cornwall-on-Hudson wishes to
promote renewable energy resources by permitting solar energy power
systems and limiting their location to protect the public health,
safety and welfare.
B.
This chapter is not intended to repeal, except as herein stated,
abrogate or impair existing conditions previously made or permits
previously issued relating to the use of buildings or premises or
to impair or interfere with any easements, covenants or agreements
existing between parties. Except as otherwise provided herein, whenever
this chapter imposes a greater restriction upon the use of buildings
or premises than is required by existing provisions of law, ordinance,
regulations or permits or by such easements, covenants or agreements,
the provisions of this chapter shall control.
As used in this chapter, the following terms shall have the
meanings indicated, unless the context or subject matter requires
otherwise.
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, electricity or other
forms of energy on site and may be attached to or separate from the
principal structure.
A solar energy power system that consists of integrating
photovoltaic modules into the building structure, such as the roof
of the facade and which does not alter the relief of the roof.
Solar installations owned collectively through subdivision
homeowner associations, college student groups, "adopt-a-solar-panel"
programs, or other similar arrangements.
Photovoltaic panels and tiles that are installed flush to
the surface of a roof and which cannot be angled or raised.
A solar energy power system that is directly installed in
the ground and is not attached or affixed to an existing structure.
Pole-mounted solar energy power systems shall be considered freestanding
or ground-mounted solar energy power systems for the purposes of this
section.
The effect produced by reflections of light with an intensity
sufficient to cause annoyance, discomfort, or loss in visual performance
and visibility.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the grid so that they only pay for their net electricity usage
at the end of the month.
A solar energy power system that produces electricity by
the use of semiconductor devices, called photovoltaic cells, that
generate electricity whenever light strikes them.
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
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),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition. Persons
who are not on NYSERDA's list of eligible installers or NABCEP's
list of certified installers may be deemed to be qualified installers
if the Village of Cornwall-on-Hudson determines such persons have
had adequate training to determine the degree and extent of the hazard
and the personal protective equipment and job planning necessary to
perform the installation safely. Such training shall include the proper
use of special precautionary techniques and personal protective equipment,
as well as the skills and techniques necessary to distinguish exposed
energized parts from other parts of electrical equipment and to determine
the nominal voltage of exposed live parts.
A solar power system in which solar panels are mounted on
top of the structure of a roof either as a flush-mounted system or
as modules fixed to frames which can be tilted toward the south at
an optimal angle.
The distance from a front lot line, side lot line or rear
lot line of a parcel to any component of a freestanding or ground-mounted
solar energy power system, solar farm or solar power plant within
which no solar components shall be permitted.
Space open to the sun and clear of overhangs or shade including
the orientation of streets and lots to the sun so as to permit the
use of active and/or passive solar energy power systems on individual
properties.
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for the generation of electricity or transfer of
stored heat.
An easement recorded pursuant to New York Real Property Law
§ 335-b, the purpose of which is to secure the right to
receive sunlight across real property of another for continued access
to sunlight necessary to operate a solar collector.
Solar collectors, controls, energy storage devices, heat
pumps, heat exchangers, and other materials, hardware or equipment
necessary to the process by which solar radiation is collected, converted
into another form of energy, stored, protected from unnecessary dissipation
and distributed. Solar power systems include solar thermal, photovoltaic
and concentrated solar. For the purposes of this chapter, a solar
energy power system does not include any solar energy power system
of four square feet in size or less.
Energy generation facility or area of land whose principal
use is allowed by site plan approval issued by the Planning Board
to convert solar energy to electricity, whether by photovoltaics,
concentrating solar thermal devices or various experimental solar
technologies, with the primary purpose of wholesale or retail sales
of electricity. No other buildings or uses are required unless needed
for the solar installation.
A device for the direct conversion of solar energy into electricity.
A device that stores energy from the sun and makes it available
in an electrical form.
Solar thermal power systems directly heat water or other
liquid using sunlight. The heated liquid is used for such purposes
as space heating and cooling, domestic hot water, and heating pool
water.
A.
The requirements of this section shall apply to all solar energy
power systems and equipment installations modified or installed after
the effective date of this section. No solar energy power system or
device shall be installed or operated in the Village of Cornwall-on-Hudson
except in compliance with this chapter.
(1)
Solar energy power system installations for which a valid building
permit has been issued or, if no building permit is presently required,
for which installation has been completed before the effective date
of this section, shall not be required to meet the requirements of
this section.
(2)
All solar energy power systems shall be designed, erected and installed
in accordance with all applicable codes, regulations and industry
standards as referenced in the New York State Uniform Fire Prevention
Building Code, including but not limited to the provisions of the
International Building Code incorporated therein, the New York State
Energy Conservation Construction Code and the Village of Cornwall-on-Hudson
Code.
(3)
Solar energy power systems, unless part of a solar farm or solar
power plant, shall be permitted only to provide power for use by owners,
lessees, tenants, residents or other occupants of the premises on
which they are erected. Nothing contained in this provision shall
be construed to prohibit the sale of excess power through a "net billing"
or "net-metering" arrangement in accordance with New York Public Service
Law § 66-j or similar state or federal statute.
(4)
All solar energy power systems and equipment shall be permitted only
if they are determined by the Village of Cornwall-on-Hudson not to
present any unreasonable safety risks, including but not limited to:
weight loads, inclusive of snow and ice loads, wind resistance and
ingress or egress in the event of fire or other emergency.
(5)
All solar energy power systems and equipment shall be surfaced, designed
and sited so as not to reflect glare onto adjacent properties and
roadways.
A.
Rooftop and building-mounted solar power systems, including BIPV.
Rooftop and building-mounted solar power systems, including BIPV on
residential or commercial structures, are permitted in all zoning
districts in the Village subject to the following conditions:
(1)
Building permits shall be required for installation of all rooftop
and building-mounted solar power systems, including BIPV. The applicant
shall file an application with the Village, and pay all fees in order
to obtain a building permit. No Planning Board approval is required
for these installations, unless, in the sole opinion of the Code Enforcement
Officer, a Planning Board review is necessary and appropriate.
(2)
Rooftop and building-mounted solar power systems, including BIPV,
shall not exceed the maximum permitted building height in the zoning
district where the system is to be located; shall not extend above
any roof ridgeline, and shall not extend beyond the structure.
(3)
Rooftop and building-mounted solar power systems, including BIPV,
shall match the contour and slope of the existing roof structure.
(4)
Rooftop and building-mounted solar power systems should use or include
thin film PV systems where possible, and the architectural integration
of rooftop panels and solar shingles, particularly on older and historic
buildings, is encouraged.
(5)
Rooftop and building-mounted solar power systems, including BIPV,
are only permitted on structures and are not permitted on accessory
structures.
(6)
Rooftop and building-mounted solar power systems, including BIPV,
must be 18 inches from any chimney and shall not be permitted on any
roof overhangs.
(7)
In order to ensure firefighter and other emergency responder safety,
rooftop and building-mounted solar power systems, including BIPV,
shall be installed in accordance with the following:
(a)
Each photovoltaic array shall not exceed 150 feet in any direction.
(b)
Panels, modules or arrays installed on roofs with a single ridge
shall be located in a manner that provides two thirty-six-inch-wide
access pathways extending from the roof access point to the ridge.
(c)
Panels, modules or arrays installed on dwellings with hip roofs
shall be located in a manner that provides a clear access pathway
not less than 36 inches wide, extending from the roof access point
to the ridge or peak, on each roof slope where panels, modules or
arrays are located.
(d)
Panels and modules shall not be located less than 18 inches
from a valley, ridge or peak on any roof.
(e)
In the event any of these standards are more stringent than
the New York State Uniform Fire Prevention and Building Code, they
shall be deemed to be installation guidelines only and the standards
of the state code shall apply.
A.
Freestanding or ground-mounted solar power systems are permitted
in all zoning districts as an accessory structure to single-family
and two-family residences under the following conditions: freestanding
and ground-mounted solar energy systems shall not be permitted in
any flood zone, wet land or required buffer area.
(1)
Building permits shall be required for the installation of all freestanding
and ground-mounted solar power systems. No Planning Board approval
is required for these installations, unless, in the sole opinion of
the Code Enforcement Officer, Planning Board review is necessary and
appropriate.
(2)
Freestanding and ground-mounted solar power systems shall only be
permitted on lots with a minimum size of 80,000 square feet. Developmental
coverage on a lot, including freestanding and ground-mounted solar
power systems, shall not exceed that permitted in the bulk table for
single-family and two-family residences in the zoning district in
which the lot is located.
(3)
The minimum setback for freestanding or ground-mounted solar energy
systems shall be 150% of the applicable residential zoning district.
If the zoning district within which the system is proposed to be located
contains greater side yard and/or rear yard setback requirements for
accessory buildings, then the location of the solar collector must
meet the greater setback requirements.
(4)
All freestanding and ground-mounted solar power systems shall be
enclosed by a six-foot solid fence (or fence with privacy slats),
and landscaping shall be provided at the fence line to reduce adverse
visual impacts.
(5)
Freestanding and ground-mounted solar power systems shall be located
in a manner to reasonably minimize view blockage for, surrounding
properties and shading of property to the north, while still providing
adequate solar access for collectors.
(6)
Freestanding and ground-mounted solar power systems, including any
mounts, shall not exceed five feet in height when oriented at maximum
tilt.
(7)
Freestanding and ground-mounted solar power systems can only be installed
in side or rear yards. No front yard installations are permitted.
(8)
Any application for the installation of freestanding or ground-mounted solar power systems which will produce power in excess of the amount specified in § 173-3A(3) above shall constitute an application for site plan approval which shall require the Planning Board's approval pursuant to Chapter 172 of the Village Code. Any solar installations that require Planning Board site plan approval can, based on surrounding uses, be required to install additional screening and/or fencing to mitigate visual impact.
(9)
Freestanding and ground-mounted solar energy collectors shall be
screened when possible and practicable through the use of architectural
features, earth berms, landscaping, or other screening which will
harmonize with the character of the property and surrounding area.
(10)
The total surface area of all ground-mounted and freestanding
solar collectors on a lot shall not exceed the area of the ground
covered by the building structure of the largest building on the lot,
providing that nonresidential placements exceeding this size may be
approved by the Planning Board, subject to site plan review pursuant
to this chapter.
A.
Freestanding or ground-mounted solar power systems installed pursuant
to this section shall be considered accessory uses which shall require
site plan approval. Accessory freestanding and ground-mounted solar
power systems are permitted in all zoning districts as an accessory
structure subject to the following conditions:
(1)
Site plan approval granted by the Village of Cornwall-on-Hudson Planning Board is required under Chapter 172 of the Village Code. If an accessory freestanding and ground-mounted solar power system is installed after site plan approval and/or construction has already been completed at the site, a site plan amendment approval is required.
(2)
In all commercial and industrial districts, the minimum setback for
freestanding or ground-mounted solar energy systems shall be 100%
of the applicable setback requirements for any accessory structures
for the applicable commercial or industrial zoning district. The Planning
Board may require increased setbacks as it deems necessary based on
the surrounding conditions.
(3)
Developmental coverage on a lot, including accessory freestanding
and ground-mounted solar power systems shall not exceed that permitted
in the bulk table for the primary use of the lot in the zoning district
in which the lot is located.
(4)
All accessory freestanding and ground-mounted solar power systems
shall be enclosed by a minimum of a six-foot solid fence (or fence
with privacy slats), and landscaping shall be provided at the fence
line to reduce adverse visual impacts.
(5)
Accessory freestanding and ground-mounted solar power systems shall
be located in a manner to reasonably minimize view blockage for surrounding
properties and shading of property to the north, while still providing
adequate solar access for collectors. Additional screening may be
required as part of the Planning Board approval.
(6)
Accessory freestanding and ground-mounted solar power systems, including
any mounts, shall not exceed five feet in height when oriented at
maximum tilt.
(7)
Accessory freestanding and ground-mounted solar power systems can
only be installed in side or rear yards. No front yard installations
are permitted.
(8)
The installation of accessory freestanding or ground-mounted solar power systems shall be considered a development or development activity for purposes of Chapter 132, Stormwater Management, of the Code of the Village of Cornwall-on-Hudson. The site shall comply with all current standards for New York State stormwater regulations.
(9)
Any application for the installation of accessory freestanding or ground-mounted solar power systems which will produce power in excess of the amount specified in § 173-3A(3) above shall constitute an application for a site plan approvals which shall require the Planning Board's additional approval pursuant to Chapter 172 of the Village Code. Any solar installations that require Planning Board approval can, based on surrounding uses, be required to install additional screening and/or fencing to mitigate visual impact.
Solar farms and solar power plants shall be permitted uses and
permitted structures in the Industrial (I) zoning district only, subject
to the following conditions:
A.
Site plan approval granted by the Village of Cornwall-on-Hudson Planning Board is required under Chapter 172 of the Village Code. Prior to any public hearing on the application by the Planning Board pursuant to § 172-31 of the Village Code, the Planning Board shall refer the completed application to the Village Board for review and report. The Planning Board shall not hold a public hearing on the application without such report from the Village Board unless the Village Board fails for any reason to render such report within 45 days following the date of such referral. All applications for solar farms and solar power plants shall include the following (in addition to all other submittal requirements for site plans):
(1)
A written narrative describing how the solar farm or solar power
plant will be constructed, operated and maintained.
(2)
Manufacturer's information and specifications for the proposed
solar farm or solar power plant.
(3)
A written narrative describing the eventual decommissioning of the solar farm or solar power plant that describes the anticipated life of the solar farm or solar power plant, the estimated decommissioning costs and the method for insuring funds will be available for decommissioning and restoration of the site in compliance with § 173-9.
B.
Compliance with the State Environmental Quality Review Act shall
be required. Applicants shall prepare and submit a completed Part
I of a Full Environmental Assessment Form, together with such additional
analyses as may be required by the Planning Board.
C.
The installation of a solar farm or solar power plant shall be considered a Development or Development Activity for the purposes of Chapter 132, Stormwater Management, of the Code of the Village of Cornwall-on-Hudson. The site shall comply with all current standards for New York State stormwater regulations.
D.
The site plan shall indicate all existing and proposed access to
the site, including the location of all access roads, gates, parking
areas, electric power supplies, emergency access, and other utilities
existing and proposed within the property boundaries. All easements
and rights-of-way should be shown on the site plan.
E.
The manufacturer's or installer's identification and appropriate
warning signage shall be posted at the site and clearly visible.
F.
The solar farm or solar power plant shall be substantially screened
from view from adjoining properties and from public and private roadways,
and street rights-of-way when possible and practicable, through the
use of architectural features, earth berms, landscaping, or other
screening which will harmonize with the character of the property
and surrounding area. The proposed screening shall not interfere with
the normal operation of the solar collectors. Additional screening
may be required as part of the Planning Board approval.
G.
All solar farm or solar power plant equipment and installations shall
be subject to a minimum thirty-foot setback from all property lines.
The Planning Board may require increased setbacks as it deems necessary
based on the surrounding conditions.
H.
A solar farm or solar power plant shall only be permitted on lots
with a minimum size of five acres.
I.
Notwithstanding bulk table requirements to the contrary, developmental
coverage of a lot with a solar farm or solar power plant shall not
exceed 85%.
J.
The height of the freestanding or ground-mounted solar collectors
and any mounts shall not exceed 10 feet when oriented at maximum tilt.
K.
The solar farm or solar power plant installation shall be enclosed
by a minimum six-foot solid fence (or fence with privacy slats), and
landscaping shall be provided at the fence line to reduce adverse
visual impacts. The Planning Board may require a greater height in
fencing depending on individual conditions.
L.
Solar farm and solar power plant panels and equipment shall be surfaced,
designed and sited so as not to reflect glare onto adjacent properties
and roadways.
M.
On-site power lines shall, to the maximum extent practicable, be
placed underground.
N.
Plans and drawings of the solar energy system installation signed
by a professional engineer registered in New York State showing the
proposed layout of the entire solar energy system along with a description
of all components, whether on site or off site, existing vegetation
and proposed clearing and grading of all sites involved.
O.
An electrical diagram detailing the solar energy system installation,
associated components, and electrical interconnection methods, with
all disconnects and over-current devices identified.
P.
Plan for clearing and/or grading of site.
Q.
Documentation of utility notification, including electric service
order number.
R.
All applications shall include a visual analysis using line-of-sight
profiles and color photographs from public viewing locations.
S.
Photo simulations shall be included showing the proposed solar energy
system in relation to the building/site along with elevation views
and dimensions, and manufacturer's specifications and photographs
of the proposed solar energy system, solar collectors, and all other
components.
T.
Details of the proposed noise that may be generated by inverter fans.
The Planning Board may require a noise analysis to determine potential
adverse noise impacts.
U.
Applications must demonstrate compliance with all the general standards
for all site plan approvals as set forth elsewhere in the Village
Code.
V.
Solar farms and solar power plants are not permitted on ridge lines
or slopes exceeding 15%.
W.
Solar farm and solar power plant buildings and accessory structures
shall, to the extent reasonably possible, use materials, colors, and
textures that will blend the facility into the existing environment.
X.
No more than 15% of the total existing brush, trees and other screening
vegetation on a parcel of property may be removed in order to accommodate
a solar farm.
Y.
The site shall include prominent and clear identification of the
property address and of the address and phone number of the owner
and operator in the case of emergency.
Z.
The area beneath the collectors shall not be used for storage of
any equipment or material.
AA.
Lot surface coverage limitations. The surface area beneath all solar
collectors shall be included in calculating maximum permitted lot
coverage limitations.
BB.
Solar farms and solar power plants shall not be permitted in any
New York State or federally mapped flood zones, flood plains, wetland
or buffer areas.
A.
All solar energy power system installations must be performed by
a qualified solar installer.
B.
Prior to operation, electrical connections must be inspected by a
Village of Cornwall-on-Hudson Code Enforcement Officer and by an appropriate
electrical inspection person or agency as determined by the Village.
C.
Any connection to the public utility grid must be inspected by the
appropriate public utility.
D.
Solar energy power systems shall be maintained in good working order.
E.
Rooftop and building-mounted solar power systems shall meet New York's
Uniform Fire Prevention and Building Code standards.
F.
If solar storage batteries are included as part of the solar power
system, they must be placed in a secure container or enclosure meeting
the requirements of the New York State Building Code when in use and
when no longer used shall be disposed of in accordance with the laws
and regulations of the Village and other applicable laws and regulations.
G.
If the solar power system ceases to perform its originally intended
function for more than 12 consecutive months, the property owner shall
remove the collectors, mount and associated equipment no later than
90 days after the end of the twelve-month period.
H.
Solar energy power systems and equipment shall be marked in order
to provide emergency responders with appropriate warning and guidance
with respect to isolating the solar energy power system. Materials
used for marking shall be weather resistant.
A.
If a solar energy power system ceases to perform its originally intended
function for more than 12 consecutive months, the property owner shall
remove the power system, mount and associated equipment from the property
no later than 90 days after the end of the twelve-month period.
B.
If a freestanding solar power system, ground-mounted solar power system, solar farm or solar power plant ceases to perform its originally intended function for more than 12 consecutive months, it shall be removed from the premises to a place of safe and legal disposal. Any and all structures and accessory structures shall also be removed. The site shall be restored to as natural a condition as possible. Such removal shall be completed within 18 months of the cessation of active and continuous use. A permit for the demolition of the system shall be required under § 58-4 of the Village Code.
C.
If the owner of a freestanding solar power system, ground-mounted solar power system, solar farm or solar power plant that has ceased operation as provided in § 173-9 fails to remove the system, the Village may serve on the owner a notice of demand to remove.
(1)
Notice shall be served upon the owner or owners by certified mail,
addressed to his or their last known address, and/or posting of said
notice on the premises and mailing a copy of said notice to the owner
at the address or addresses as recorded in the Sole Assessor's
office on the same day as posted. Service of notice upon any owner
of land, or the designated person to receive process as provided by
law, shall suffice for the purposes of this section.
(2)
Whenever a notice or notices referred to in this chapter has or have
been served upon or posted on said real property requiring such owner
or owners of the respective lots or parcels to remove a freestanding
solar power system, ground-mounted solar power system, solar farm
or solar power plant, and such owner or owners shall neglect or fail
to comply with the requirements of such notice or notices within the
time provided therein, the Village Board may authorize the work to
be done and pay the cost thereof out of general Village funds or authorize
Village employees and equipment to perform the work.
(3)
The Village shall be reimbursed for the cost of the work performed
or services rendered by direction of the Village's Board, as
herein provided, by assessment and levy upon the lots or parcels of
land wherein such work was performed or such services rendered, and
the expenses so assessed shall constitute a lien and charge on the
real property on which they are 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.
B.
If a building permit for a solar energy power system is denied based
upon a failure to meet the requirements of this section, the applicant
may seek relief from the Zoning Board of Appeals in accordance with
the established procedures and time limits of the Zoning Code[2] and New York State Town Law.
