This Solar Energy Local Law is adopted pursuant to §§ 7-700
through 7-704 of the Village Law of the State of New York, which authorize
the Village of Piermont to adopt zoning provisions that advance and
protect the health, safety and welfare of the community, and, in accordance
with the Village 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 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 (NRCS)'s 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 pollinate
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 (NRCS)'s 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.
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.
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 the local zoning code or other land use regulations unless
the surface area of the solar panels proposed to be installed exceeds
350 square feet (site plan approval from the Planning Board shall
be required for Tier 2 energy installations where the surface area
of the panels exceeds 350 square feet), 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 and 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 not exceed 50% of the height
limitations specified for accessory structures 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 still providing adequate
solar access;
E. Lot size. Tier 2 solar energy systems shall comply with the existing
lot size requirement specified for accessory structures within the
underlying zoning district.
All Tier 3 solar energy systems are permitted through the issuance
of a site plan approval from the Planning Board within all zoning
districts, and subject to site plan application requirements set forth
in this section (all site plan approvals for solar energy systems
shall be the responsibility of the Planning Board in order to avoid
delays in the review of solar energy system applications).
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 20 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 Village shall have a notice
printed in a newspaper of general circulation in the Village at least
10 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 if required;
(4)
Upon closing of the public hearing, the Planning 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 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 anti-reflective 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 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
and/or operator's expense, which at the owner's option may come from
any security made with the Village as set forth in § 122-130B
herein.
(2)
A decommissioning plan 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 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 Village Clerk of
cash, bond, or other form of security reasonably acceptable to the
Village 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 Village, 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 § 122-130B
and C herein.
I. Site plan application. For any solar energy system requiring site
plan approval, it shall be the responsibility of the Planning Board
to conduct the site plan application review in order to avoid delays
in the-review of solar energy system applications. 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 (on a complete bulk table);
(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. Additional site plan review standards. In addition to the site plan
elements contained in this chapter, the following additional site
plan review elements shall apply and control in the event of a conflict:
(1)
Floor area ratio: For Tier 2 and Tier 3 energy systems, the
entire surface area of the proposed solar panel grid shall be included
in the calculation of floor area ratio for the lot on which the installation
is proposed.
(2)
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.
(3)
Setbacks. The Tier 3 solar energy systems shall comply with
the setback requirements of the underlying zoning district for principal
structures.
(4)
Height. The Tier 3 solar energy systems shall not exceed 40%
of the building height limitations for principal structures of the
underlying zoning district.
(5)
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.
(6)
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.
(7)
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;
[2]
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 (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 a minimum of one evergreen tree, at
least six feet high at time of planting, plus two supplemental shrubs
at the reasonable discretion of the Village 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 may
be provided by the Village.
(8)
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 area of prime farmland or farmland of statewide importance
on the parcel, and Tier 3 solar energy systems on prime farmland or
farmland of statewide importance shall be required to seed 20% of
the total surface area of all solar panels on the lot with native
perennial vegetation designed to attract pollinators;
(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.
(9)
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.
(10)
Safety.
(a)
Solar energy systems and solar energy equipment shall be certified
under the applicable electrical and/or building codes as required.
(b)
Solar energy systems shall be maintained in good working order
and in accordance with industry standards. Site access shall be maintained,
including snow removal at a level acceptable to the local fire department
and the local ambulance corps.
(c)
If storage batteries are included as part of the solar energy
system, they shall meet the requirements of any applicable fire prevention
and 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
any applicable federal, state, or county laws or regulations.
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 the Village.
A person who violates this article shall be charged with a violation
and, if convicted, shall be punished by a fine of not less than $500
and not more than $1,000, for each day that the violation continues.
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 remaining provision.