[HISTORY: Adopted by the Town Board of the Town of Poestenkill 5-19-2017 by L.L. No. 2-2017. Amendments noted where applicable.]
This chapter shall be known as "Town of Poestenkill Solar Energy
Law."
This Solar Energy Law is adopted pursuant to §§ 261
through 263 of the Town Law of the State of New York, which authorize
the Town of Poestenkill 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." It is also authorized by and subject to the terms, provisions
and restrictions set forth in § 487 of the Real Property
Tax Law of the State of New York (RPTL) as more specifically referenced
hereinafter,
This Solar Energy Law is adopted to advance and protect the
public health, safety, and welfare of the Town of Poestenkill ("the
Town") in many ways, including the following:
A.
Taking advantage of a safe, abundant, renewable, and nonpolluting
energy resource;
B.
Decreasing the cost of energy to the owners of commercial and residential
properties, including single-family houses;
C.
Increasing employment and business development in the region by furthering
the installation of solar energy systems;
D.
Decreasing the use of fossil fuels, thereby reducing the carbon footprint
of the Town of Poestenkill;
E.
Investing in a locally generated source of energy and increasing
local economic value, thereby reducing local dependence upon the importation
and purposing of nonlocal fossil fuels;
F.
Aligning the laws and regulation of the community with several policies
of the State of New York, particularly those that encourage distributed
energy systems;
G.
Becoming more competitive for a number of state and federal grants
and tax benefits;
H.
Making the community more resilient during storm events;
I.
Aiding the energy independence of the country;
J.
Diversifying energy resources to decrease dependence on the grid;
K.
Improving air quality and public health;
L.
Encouraging a sense of pride in the community;
M.
Encouraging investment in public infrastructure supportive of solar,
such as generation facilities, grid-scale transmission infrastructure,
and energy storage sites;
N.
Creating synergy between solar actions of the community and the sustainability
provisions of the Town's Land Use Code and Comprehensive Plan;
and
O.
Creating synergy between solar and other stated goals of the Town
pursuant to its Comprehensive Plan, such as revitalization of the
Hamlet District, vacant land management, and creating a healthier
community environment.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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
or off-site consumption. A ground-mounted solar energy system will
usually be a large-scale solar energy system but the ultimate determinant
of said latter classification shall be that the system produces energy
primarily for the purpose of off-site sale or consumption.
A solar energy system that produces energy primarily for
the purpose of off-site sale or consumption.
A solar panel system located on the roof of any legally permitted
building or structure for the primary purpose of producing electricity
for on-site or off-site consumption. A roof-mounted solar energy system
will usually not be a large-scale solar energy system but the ultimate
determinant of said latter classification shall be whether or not
the system produces energy primarily for the purpose of off-site sale
or consumption.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
The requirements of this chapter shall apply to all solar energy
systems installed or modified after its effective date, excluding
general maintenance and repair and building-integrated photovoltaic
systems.
A.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems that use the electricity on site
or off site are permitted as an accessory use in all zoning districts
when attached to any lawfully permitted building or structure.
(2)
Height. Solar energy systems shall not exceed maximum height restrictions
applicable to the zoning district within which they are located and
shall be allowed the same height exemptions granted to building-mounted
mechanical devices or equipment.
(3)
Aesthetics. Roof-mounted solar energy system installations shall
incorporate, when feasible, the following design requirement: panels
facing the front yard must be mounted with a maximum distance of 18
inches between the roof and highest edge of the system.
B.
Ground-mounted solar energy systems.
(1)
Ground-mounted solar energy systems that use the electricity primarily
on site are permitted as accessory structures in all zoning districts.
(2)
Height and setback. Ground-mounted solar energy systems shall adhere
to the height and setback requirements of the underlying zoning district
within which they are located, provided additionally that no Ground-Mounted
System shall be installed any closer to any property line than the
height of the system.
(3)
Lot coverage. The surface area covered by ground-mounted solar panels
shall be included in the total lot coverage.
(4)
All such systems in the Hamlet (H), Residential (R) and Rural Residential
1 (RR-1) Zoning Districts shall be installed in the side or rear yards.
In a Rural Residential 2 (RR-2) Zoning District, any siting of such
a system in the front yard shall require the issuance of a special
use permit.
(5)
Ground-mounted solar energy systems that use the electricity primarily
on site shall be exempt from site plan review under the local zoning
code or other land use regulations.
A.
Large-scale solar energy systems are permitted through the establishment of a Planned Development District (PDD) by the Town Board with input from the Town Planning Board in accordance with the terms and procedures set forth in Articles VIII, IX and XV of Chapter 150 of the Code of the Town of Poestenkill ("the Code"), to the extent not inconsistent with the requirements set forth in this section.
B.
Waiver. The Town Board may, in its discretion, waive any or all of the requirements of this section for a large-scale solar system that it believes is harmonious with land uses in the area where it is proposed to be built and where, because of its size or other considerations, the Planning Board, after reviewing the application for a PDD, has expressed its opinion that the proposed large-scale solar system does not need to be subjected to conditions otherwise imposed by this section and/or by Article IX.[1] This waiver may be a partial waiver, allowing the Town Board to require a large-scale solar system to comply with individual requirements found in this section and/or in Article IX.
C.
Planned Development District (PDD) application requirements. For a PDD application, the standard application procedure set forth in Article IX is to be used as supplemented by the following provisions:
(1)
If the property of the proposed project is to be leased, legal consent
between all parties, specifying the use(s) of the land for the duration
of the project, including easements and other agreements, shall be
submitted.
(2)
Blueprints showing the layout of the solar energy system signed by
a professional engineer or registered architect shall be provided.
(3)
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems,
and inverters that are to be installed. Without in any way limiting
the generality of the foregoing, the equipment specification sheets
shall be documented to include details regarding the decibel level
of any noise produced by inverters, transformers and any other source
of audible magnetic, electrostatic or other noise at the property
boundary, as well as the potential existence and containment of chemical
emissions from any equipment, including batteries.
(4)
System and property operation and maintenance plan. Such plan shall
describe continuing photovoltaic maintenance and property upkeep,
and shall include a vegetation control plan covering such items as
mowing, trimming, removal of dead leaves, brush, branches, tree limbs
and the like.
(5)
Decommissioning plan. To ensure the proper removal of large-scale
solar energy systems, a decommissioning plan shall be submitted as
part of the application. Compliance with this plan shall be made a
condition of the continued existence of the PDD established or any
special use permit issued under this section. The decommissioning
plan must specify that after the large-scale solar energy system can
no longer be used and/or is abandoned, it shall be expeditiously removed
by the applicant or any subsequent owner. The plan shall demonstrate
how the removal of all infrastructure and the remediation of soil
and vegetation shall be conducted to return the parcel to its original
state prior to construction. The plan shall also include an expected
timeline for execution. A cost estimate detailing the projected cost
of executing the decommissioning plan shall be prepared and submitted
to the Town by a professional engineer or licensed and experienced
contractor. Any such cost estimations shall take into account inflation.
Removal of large-scale solar energy systems must be completed in accordance
with the decommissioning plan. If the large-scale solar energy system
is not decommissioned after being considered abandoned, the municipality
may remove the system and restore the property and impose a lien on
the property to cover these costs to the municipality. It is the purpose
and intent of this subsection that the responsibility for compliance
with the plan and any cost obligations associated therewith and/or
with the removal of nonoperational or abandoned equipment and structures
of the large-scale solar energy system shall lie solely with the owner
of the property. In furtherance of this end, it is hereby required
that any deed of conveyance of the real property upon which said large-scale
solar energy system is sited shall contain an express covenant that
such responsibility and obligation runs with the land and that the
grantee assumes full responsibility for compliance with this subsection.
(6)
Emergency plan. The application for a PDD for a solar energy system
shall include an emergency plan setting forth in detail the procedures
to be followed by firefighters, law enforcement personnel and other
first responders so as to allow them to safely and efficiently carry
out their work. Said plan shall specifically include any reasonable
warnings of dangers posed by the solar energy system and, to the extent
necessary, instructions for shutting off the flow of electricity to
the site and whether and to what extent any fire on the premises may
be safely extinguished through the normal use of water.
D.
Special PDD standards for large-scale solar energy systems.
(2)
Lot size. Large-Scale Energy Systems shall be located on lots with the minimum lot size required for a Planned Development District. As set forth in § 150-61 of the Code, the minimum lot size shall be 10 contiguous acres.
(3)
Lot coverage. A large-scale solar energy system that is ground-mounted
shall not exceed 85% of the lot on which it is installed. The surface
area covered by solar panels shall be included in total lot coverage.
(4)
Site security. It is the responsibility of the property owner to
ensure that the site is secure from trespass and that adequate warnings
are posted along the perimeter of the lot. If circumstances require,
the Town Board, upon the recommendation of the Planning Board, may
require the site to be enclosed by fencing. Such fencing shall at
all times be properly maintained by the property owner.
(5)
Any application under this section shall meet any substantive provisions
contained in local site plan requirements in the Land Use Code that,
in the judgment of the Planning Board, are applicable to the system
being proposed. If none of the site plan requirements are deemed applicable,
the Town Board may waive the requirement for site plan review.
(6)
The Town Board may impose conditions on its approval of any planned
development unit under this section in order to enforce the standards
referred to in this section or in order to discharge its obligations,
if any, under the State Environmental Quality Review Act (SEQRA).
(7)
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.
Solar energy systems shall be considered abandoned after six
months without electrical energy generation and must be expeditiously
removed from the property in accordance with the submitted decommissioning
plan. Applications for extensions shall be reviewed by the Planning
Board and may be granted for a period of six months at a time.
A.
Pursuant to Real Property Tax Law § 487, and provided that
the property owner fully complies with the statutory requirements
set forth therein, the real property which includes the solar energy
system shall be exempt from taxation to the extent of any increase
in the value thereof by reason of the inclusion of the solar energy
system for a period of 15 years, as set forth in Subdivision 2 of
Real Property Tax Law § 487.
B.
As authorized by Subdivision 9 of Real Property Tax Law § 487,
the Town shall require the owner of the real property which includes
the solar energy system to enter into a contract with the Town for
payments in lieu of taxes (PILOTs), which contract will require annual
payments to be made from the property owner to the Town for the full
fifteen-year exemption period in an amount to be based upon a negotiated
unit cost of $5 to $8 per kilowatt of design output capacity, provided
that same shall not result in annual payments to the Town totaling
more than the amounts which would otherwise be payable but for the
exemption granted by Real Property Tax Law § 487.
C.
Any owner or developer of a solar energy system within the Town of
Poestenkill that meets the requirements set forth in RPTL § 487
Subdivision 4, must notify the Town Supervisor via certified mail
of its intent to construct a solar energy system. The Town shall notify
the owner or the developer of the solar energy system of the Town's
intent to require said owner or developer to enter into a contract
for payments in lieu of taxes within 60 days of receipt of written
notification from the owner or developer of the latter's intent
to construct a solar energy system. For large-scale solar energy systems,
said written notification from the Town shall be measured from the
Town's receipt of said letter of intent or its receipt of the
application for the requisite Planned Development District (PDD),
whichever shall first occur.
D.
The payments in lieu of taxes hereby authorized shall be in addition
to any building permit or other administrative fees payable by the
owner and/or developer.
Any violation of this Solar Energy Law shall be subject to the
same civil and criminal penalties provided for in the zoning regulations
of the Town of Poestenkill for violations of the Town Zoning regulations
and/or the Town Land Use Code. In addition, the Town may seek to recover
the costs of any costs incurred in enforcement and discharge of the
owner's responsibilities and obligations under the decommissioning
plan and elsewhere in this chapter. Enforcement may be made by levy
of said costs against the property and or by institution of a civil
action in any court of competent jurisdiction in Rensselaer County.
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.
