Because it is in the public interest to provide for and encourage
renewable energy systems and a sustainable quality of life, the purpose
of this chapter is to facilitate the development and operation of
renewable energy systems based on sunlight. Minor solar collection
systems are appropriate in all zoning districts when measures are
taken, as provided in this chapter, to minimize adverse impacts on
neighboring properties and protect the public health, safety and welfare.
Major solar collection systems are allowed only in the Agricultural
Residential (AR) and Commercial districts when measures are taken,
as provided in this chapter, to minimize adverse impacts on neighboring
properties and protect the public health, safety and welfare.
As used in this chapter, the following terms shall have the
meanings indicated:
MAJOR SOLAR COLLECTION SYSTEM
An area of land or other area used for a solar collection
system principally used to capture solar energy and convert it to
electrical energy to transfer to the public electric grid in order
to sell electricity to or receive a credit from a public utility entity,
but which also may be for on-site use. Major solar collection systems
consist of one or more freestanding ground- or roof-mounted solar
collector devices, solar-related equipment and other accessory structures
and buildings, including light reflectors, concentrators, heat exchangers,
substations, electrical infrastructure, transmission lines and other
appurtenant structures and facilities in which the total surface area
of all solar collectors exceeds 2,000 square feet. Major systems are
allowed only in the Agricultural Residential (AR) Zoning District
of the Town, except that roof-mounted systems are also allowed in
all districts.
MINOR SOLAR COLLECTION SYSTEM
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 collection, inversion, storage and distribution
of solar energy for electricity generation or transfer of stored heat,
secondary to the use of the premises for other lawful purposes, with
the total surface area of all solar collectors of such system not
to exceed 2,000 square feet; roof- or building-mounted systems are
exempt. Minor collection systems are allowed in all zoning districts
of the Town.
Where a special use permit and/or site plan is required for
a major solar collection system, they are required to be renewed every
five years for a maximum permitted life of 20 years. An annual operating
permit shall be required for all major solar collection systems.
The applicant shall submit to the Board a letter of intent committing the landowner,
and his/her successors in interest, to notify the Building Department
within 30 days of the discontinuance of use of the major or minor
solar collection system. This letter shall be filed with the Building
Department and Planning Board prior to issuance of a building permit
(assuming the solar collection system is approved according to this
chapter). Failure to notify and/or to remove the inoperative or unused
solar collection system in accordance with these regulations shall
be a violation of this chapter and shall be punishable according to
the Town of Galway Zoning Code.
The Planning Board shall also require the submission of a bond
or letter of credit guaranteeing the removal of a major solar collection
system as a condition of approval. To determine the amount, the applicant
must submit an estimate on a qualified contractor's letterhead of
the cost to remove the proposed equipment and remediate any potential
residuals on the property at the current rate. The Building Department
will review the estimate and approve, disapprove, or approve with
revisions. The bond or letter of credit amount shall be increased
by 10% at each five-year renewal, to be used in the event that the
property owner fails to remove the major solar collection system if
it becomes inoperative, unused or reaches its maximum permitted life.
The site shall be restored to as natural a condition as possible within
three months of the removal.
The tax exemption provided by § 487 of the New York Real
Property Tax Law (RPTL), as amended from time to time, shall not apply
to any solar energy equipment/systems, farm and plant applications
in the Town of Galway. The Town of Galway hereby gives notice to any
owner of property that proposes to construct a solar collection system
that the Town hereby elects to opt out of providing the tax exemption
otherwise available under RPTL § 487 for solar energy equipment,
systems, farms or plant applications.