These regulations are adopted pursuant to §§ 261 through 263, inclusive, of the Town Law of the State of New York, which authorize the Town to adopt zoning provisions that advance and protect the health, safety, and welfare of the Town of Hoosick (hereinafter "Town") 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.
These regulations are adopted to advance and protect the public health, safety, and welfare of the Town and its residents, including:
A.
Taking advantage of a safe, abundant, renewable, and non-polluting energy resource; and
B.
Decreasing the cost of energy to the owners of commercial and residential properties, including single-family houses; and
C.
Increasing employment and business development in the region by furthering the installation of solar energy systems; and
D.
To mitigate the impacts of solar energy systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources.
As used in this article, the following terms shall have the meanings indicated:
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.
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.
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.
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 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.
Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.
Land, designated as "prime farmland" in the U.S. Department of Agriculture's 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.
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.
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.
Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.
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.
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.
Tier 3 solar energy systems are systems that are not included in the list for Tier 1 and Tier 2 solar energy systems.
A photovoltaic device capable of collecting and converting solar energy into electricity. A solar panel is also a "solar thermal panel," which is a panel capable of collecting solar energy and converting such energy to heat water or for the production of heat energy.
A device that stores energy and makes it available in an electrical form.
A.
The requirements of this chapter shall apply to all solar energy systems permitted, installed, or modified in the Town of Hoosick after the effective date of this chapter, excluding general maintenance and repair.
B.
Solar energy systems constructed or installed prior to the effective date of this chapter shall not be required to meet the requirements of this chapter.
C.
Modifications to an existing solar energy system that increase the solar energy system area by more than 5% of the original area of the solar energy system (exclusive of moving any fencing) shall be subject to this chapter.
D.
All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code ("Building Code"), the NYS Energy Conservation Code ("Energy Code"), and the Town Zoning Law and other applicable Town codes and local laws.
A.
A building permit shall be required for installation of all solar energy systems.
B.
Local land use boards are encouraged to condition their approval of proposed developments on sites adjacent to solar energy systems so as to protect their access to sufficient sunlight to remain economically feasible over time.
C.
Issuance of permits and approvals by the Planning and Zoning Boards shall include review pursuant to the State Environmental Quality Review Act codified at ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 ("SEQRA").
A.
Types of permitting.
(1)
All Tier 1 solar energy systems that use the electricity on-site or off-site are permitted by right, permitted by right with site plan review, require a special permit with site plan review or not permitted as an accessory use in the zoning land use districts as set forth on the chart below:
H | LIC | RR | AR | CRM | HO | FFO | DMZ |
|---|---|---|---|---|---|---|---|
P* | P* | P* | P* | P* | SP* | SP* | P* |
NOTES: | ||
|---|---|---|
P | — | Permitted by right |
SP | — | Requires a special permit |
X | — | Not allowed |
* | — | Requires site plan |
(2)
Such approval is subject to the following conditions for each following type of solar energy systems:
B.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems shall incorporate, when feasible, the following design requirements:
(a)
Solar panels and solar thermal 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 and solar thermal 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 and solar thermal 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.
C.
Building-integrated solar energy systems that use the electricity on-site or off-site shall be shown on the plans submitted for the building permit application for the building containing the system and are permitted by right, permitted by right with site plan review, require a special permit with site plan review or not permitted as an accessory use in the zoning land use districts as set forth on the chart below when attached to any lawfully permitted and approved building or structure:
H | LIC | RR | AR | CRM | HO | FFO | DMZ |
|---|---|---|---|---|---|---|---|
P* | P* | P* | P* | P* | SP* | SP* | P* |
A.
All Tier 2 solar energy systems that use the electricity on-site or off-site shall be permitted as of right, permitted by right with site plan review, require a special permit with site plan review or not permitted as an accessory use in the zoning land use districts as set forth on the chart below:
H | LIC | RR | AR | CRM | HO | FFO | DMZ |
|---|---|---|---|---|---|---|---|
P* | P* | P* | P* | P* | SP* | SP* | P* |
NOTES: | ||
|---|---|---|
P | — | Permitted by right |
SP | — | Requires a special permit |
X | — | Not allowed |
* | — | Requires site plan |
B.
Height and setback. Ground-mounted solar energy systems shall adhere to the height and setback requirements of the underlying zoning district, and in addition shall be a minimum of 30 feet from any Town, county, state or federal right-of-way, or road, or property boundary line or road. Side and side setbacks shall be 30 feet. The maximum height for ground-mounted residential solar energy system shall be 20 feet.
C.
Visual impact. All such systems in H, RR, CRM, AR, and HO Districts shall be installed in the side or rear yards, so as to minimize the visual impact of such systems and preserve the character of such districts.
D.
Glare. All solar panels shall have antireflective coating(s).
E.
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.
F.
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 special use permit, require a special permit with site plan review or not permitted as an accessory use in the zoning land use districts as set forth on the chart below, subject to the requirements set forth in this section, including, but not limited to, site plan approval. Applications for the installation of such solar energy systems shall be reviewed by the Building Inspector and referred, with comments, to the Town of Hoosick Zoning Board of Appeals (hereinafter "Zoning Board") for its review and action, which can include approval, approval with conditions, and denial. All such applications are subject to site plan application requirements set forth in this section.
H | LIC | RR | AR | CRM | HO | FFO | DMZ |
|---|---|---|---|---|---|---|---|
SP* | SP* | SP* | SP* | SP* | SP* | SP* | SP* |
NOTES: | ||
|---|---|---|
P | — | Permitted by right |
SP | — | Requires a special permit |
X | — | Not allowed |
* | — | Requires site plan |
A.
Applications for the installation of Tier 3 solar energy system shall be:
(1)
Reviewed by the Building Inspector for completeness. Applicants shall be advised within 10 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 Zoning Board of the Town shall have a notice printed in a newspaper of general circulation in the Town at least 5 days in advance of such hearing. Applicants shall have delivered the notice by certified first class mail, return receipt requested, to adjoining landowners or landowners within 500 feet of the property at least 10 days prior to such a hearing. Proof of mailing shall be provided to the Zoning Board at the public hearing.
(a)
Upon closing of the public hearing, the Zoning 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 Zoning Board and applicant.
(3)
Referred to the Rensselaer County Planning Department pursuant to General Municipal Law § 239-m if required. Notice shall be provided to adjacent municipalities where required by General Municipal Law § 239-nn.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Special use permit general requirements. For a special permit application, the site plan application 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 Tier 3 solar energy system signed by a professional engineer or registered architect shall be required.
(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.
(4)
Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.
(5)
Decommissioning plan. To ensure the proper removal of such 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 issuance of a special use permit under this section. The decommissioning plan must specify that after the solar energy system can no longer be used or has not been used for a period of 12 months, it shall be 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 time line for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor. Cost estimations shall take into account inflation. Removal of such solar energy systems must be completed in accordance with the decommissioning plan. If the 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.
(6)
A landscape plan that will provide neatly situated screening consistent with the line of sight and flow of the terrain to shield the solar panels from sight as much as is practicable as shall be determined by the Zoning Board.
(7)
An appropriate plan of access and training shall be submitted to and approved by the Planning Board for allowing access and providing safety training to all applicable EMS, fire departments, police departments and any other applicable response agencies.
C.
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.
D.
Vehicular paths. Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction.
E.
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 and shall be exempt from the requirements of the Town of Hoosick Sign Law.[1]
[1]
Editor's Note: So in original.
(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.
F.
Glare. All solar panels shall have antireflective coating(s).
G.
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.
H.
Tree cutting. Removal of existing trees larger than six inches in diameter should be minimized to the extent possible.
I.
Decommissioning.
(1)
As set forth in § 247-59B(5) above, 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 § 247-59I(2) herein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
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. 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, 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.
J.
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.
(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.
K.
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 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. All solar panels, supportive structures and 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 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 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.
[a]
The screening and landscaping plan recommended by a landscape architect 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, following the applicable rules and standards established by the Town.
(7)
Agricultural resources. For projects located on agricultural lands:
(a)
Requirements.
[1]
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.
[2]
Tier 3 solar energy systems on prime farmland or farmland of statewide importance shall be required to seed a minimum of 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.
(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.
L.
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 Inspector of such change in ownership or operator within 30 days of the ownership change.
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, if the Tier 3 solar energy system is located in an ambulance district, 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 Town and any applicable federal, state, or county laws or regulations.
A.
The special use permit and site plan approval for a solar energy system shall be valid for a period of 18 months, provided that a building permit is issued therefor. In the event construction is not completed in accordance with the final site plan, as may have been amended and approved, as required by the Planning Board or Zoning Board, within 18 months after approval, the applicant or the Town may extend the time to complete construction for 180 days. If the owner and/or operator fails to perform substantial construction after 24 months, the approvals shall expire.
B.
Upon cessation of electricity generation of a solar energy system on a continuous basis for 12 months, the Town may notify and instruct the owner and/or operator of the solar energy system to implement the decommissioning plan. The decommissioning plan must be completed within 360 days of notification.
C.
If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town may, at its discretion, utilize the bond and/or security for the removal of the solar energy system and restoration of the site in accordance with the decommissioning plan.
It shall be a violation for a neighboring property owner to erect a structure, fence or to install plantings or ornamental landscaping which will interfere with neighboring property owner's solar energy system and/or the solar panels' ability to collect solar energy.
Any violation of this article shall be subject to the same civil and criminal penalties provided for in the zoning 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.