The Town Board of the Town of Caledonia states the following
as its findings and legislative intent:
A.
The requirements of this chapter are established for the purpose
of regulating the development of solar energy systems and battery
energy storage systems in the Town by providing standards for the
placement, design, construction, operation, monitoring, modification
and removal of these systems.
B.
The Town Board finds it is necessary to properly regulate solar energy
systems and battery energy storage systems to protect the health,
safety and general welfare of the citizens of the Town of Caledonia,
protect residential uses, business areas, and other land uses, conserve
designated farmland, protect real property values of nonparticipating
landowners, and to preserve the overall beauty, nature and character
of the Town, while promoting the effective and efficient use of solar
energy resources.
C.
In addition, the Town Board finds it necessary to regulate and govern
the proper and timely removal of solar energy systems and battery
energy storage systems upon such systems becoming nonfunctional or
when they are no longer being utilized.
As used in this chapter, the terms of Chapter 130 of the Town Code, entitled Zoning, shall apply and the following terms shall have the meanings indicated:
American National Standards Institute.
An electronic system that protects battery energy storage
systems from operating outside their safe operating parameters and
disconnects electrical power to the battery energy storage system
or places it in a safe condition if potentially hazardous temperatures
or other conditions are detected.
A rechargeable energy storage system consisting of one or
more devices, including batteries, battery chargers, controls, power
conditioning systems and associated electrical equipment, assembled
together, capable of storing energy in order to provide electrical
energy at a future time, not to include a stand-alone 12-volt car
battery or an electric motor vehicle. A battery energy storage system
is classified as a Tier 1 or Tier 2 battery energy storage system
as follows:
Tier 1 battery energy storage systems are battery energy storage
systems having an aggregate energy capacity less than or equal to
600 kWh and, if in a room or enclosed area, consist of only a single
energy storage system technology.
Tier 2 battery energy storage systems are battery energy storage
systems having an aggregate energy capacity greater than 600 kWh or
are comprised of more than one storage battery technology in a room
or enclosed area.
A battery energy storage system attached to any part of a
building or structure that has an occupancy permit on file with the
Town and that is either the principal structure or an accessory structure
on a recorded parcel.
A battery energy storage system that is not a building-mounted
battery energy storage system.
The NYSERDA model battery energy storage system permit, as
it may be updated from time to time, which establishes the minimum
submittal requirements for electrical and structural plan review that
are necessary when permitting small battery energy storage systems.
A single cell or a group of cells connected together electrically
in series, in parallel, or a combination of both, which can charge,
discharge, and store energy electrochemically. For the purposes of
this chapter, batteries utilized in consumer products are excluded
from these requirements.
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.
Any solar energy system that is affixed to the side(s) or
rear of a building or other structure either directly or by means
of support structures or other mounting devices, but not including
those mounted to the roof or top surface of a building.
The basic electrochemical unit, characterized by an anode
and a cathode, used to receive, store, and deliver electrical energy.
A systematic process that provides documented confirmation
that a battery energy storage system functions according to the intended
design criteria and complies with applicable code requirements.
A building that is built for the primary intention of housing
battery energy storage system equipment and is classified as Group
F-1 occupancy as defined in the International Building Code, and it
complies with the following:
The building's only use is battery energy storage, energy
generation, and other electrical grid-related operations.
No other occupancy types are permitted in the building.
Occupants in the rooms and areas containing battery energy storage
systems are limited to personnel that operate, maintain, service,
test, and repair the battery energy storage system and other energy
systems.
Administrative and support personnel are permitted in areas
within the buildings that do not contain battery energy storage system,
provided the following:
The areas do not occupy more than 10% of the building area of
the story in which they are located.
A means of egress is provided from the administrative and support
use areas to the public way that does not require occupants to traverse
through areas containing battery energy storage systems or other energy
system equipment.
Land designated as Farmland of Statewide Importance, or land
designated as Prime Farmland or Prime Farmland If Drained 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.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law, as currently in
effect and as hereafter amended from time to time.
Account in which funds are accumulated for specific disbursements.
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, which 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 fire code section of the New York State Uniform Fire
Prevention and Building Code adopted pursuant to Article 18 of the
Executive Law, as currently in effect and as hereafter amended from
time to time.
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, nuisance, or loss in visual performance and visibility
in any material respects.
A freestanding solar energy system mounted on a structure,
poles or series of poles constructed specifically to support the solar
array and not attached to any other structure.
A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. A watt is a metric measurement
of power (not energy) and is the rate at which electricity is used.
1,000 KW is equal to 1 megawatt (MW).
A measure of the energy capacity of a battery and a battery
energy storage system equal to the discharge of 1 kW for a period
of one hour.
A unit of electrical power equal to 1,000,000 watts or 1,000
kilowatts (kW).
A measure of the energy capacity of a battery and a battery
energy storage system equal to 1,000 kilowatt-hours (kWh).
For solar energy systems, starting from the initial installation
of the solar energy system, the maximum electrical generating output
that the solar energy system is capable of producing on a steady state
basis and during continuous operation (when not restricted by seasonal
or other de-ratings) as specified by the manufacturer of the solar
energy system.
For battery energy storage systems, starting from the initial
installation of the battery energy storage system, the maximum electrical
energy storage, in MWh, that the battery energy storage system is
capable of storing at full charge as specified by the manufacturer
of the solar energy system.
A U.S. Department of Labor designation recognizing a private
sector organization to perform certification for certain products
to ensure that they meet the requirements of both the construction
and general industry OSHA electrical standards.
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 (NYSDEC).
National Electric Code.
Permitting process administered by the New York State Office
of Renewable Energy Siting (ORES) for proposed major solar energy
systems with a nameplate capacity equal to or greater than 25,000
kW (25 MW) pursuant Section 94-C of the Executive Law and its implementing
regulations. The 94-C process supersedes the permitting authority
of this chapter, but ORES will apply the substantive requirements
of this chapter unless it finds them unreasonably burdensome in view
of the New York State renewable energy targets of the Climate Leadership
and Community Protection Act and environmental benefits of the solar
energy system. Projects with a nameplate capacity of 20,000 kW (20
MW) but less than 25,000 kW (25 MW) may opt-in to the 94-C process.
National Fire Protection Association.
All buildings that contain a battery energy storage system
and do not comply with the dedicated-use building requirements.
Any principal building used for conducting a retail business,
event barn, tourist home, motel, or hotel that is located on a nonparticipating
property.
Any property that is not a participating property.
Any dwelling located on a nonparticipating property.
The latest revision of the Guidelines for Solar Energy Projects-Construction
Mitigation for Agricultural Lands published by the New York State
Department of Agriculture and Markets.
Any building in Occupancy Group A, B, E, I, R, as defined
in the International Building Code, including but not limited to schools,
colleges, day-care facilities, hospitals, correctional facilities,
public libraries, theaters, stadiums, apartments, hotels, and houses
of worship.
The applicant for the approval of a solar energy system or
battery energy storage system, the owner, lessee, licensee, or other
person authorized to install and operate a solar energy system or
battery energy storage system on the real property of an owner, and
each operator's successors, transferees, assignees, and all parties
to which the solar energy system or battery energy storage system
may transfer any or all of its ownership interests or contracts or
subcontracts concerning the construction, management, operations and/or
maintenance in, and responsibilities of the solar energy system or
battery energy storage system.
The owner of the real property on which a solar energy system
or battery energy storage system is located or installed or proposed
to be located or installed.
A solar energy system host property or any real property
that is the subject of an agreement that provides for compensation
to the landowner from the operator (or affiliate) regardless of whether
any part of the solar energy system is constructed on the property.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
A solar energy system that is readily movable and not a ground-mounted,
building- mounted, or building-integrated solar energy system.
A solar energy system mounted on the roof of any legally
permitted building or structure and wholly contained within the limits
of the roof surface for the purpose of producing electricity for on-site
consumption.
A device, structure, panel or part of a device or structure
for which the primary purpose is to transform solar radiant energy
into thermal or electrical energy.
Electrical material, hardware, conduit, or other equipment
associated with the production of electricity including solar panels,
solar thermal electric equipment, associated wiring, mounting brackets,
framing and foundations, accessory structures and buildings, battery
energy storage systems, light reflectors, concentrators, and heat
exchangers, inverters and other power conditioning equipment, substations,
electrical infrastructure, distribution lines and other appurtenant
structures and facilities used for or intended to be used for 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 minor, medium, major, or
on-farm. A solar energy system does not include a solar thermal system.
Any number of electrically connected solar panels providing
a single electricity producing unit.
Any solar energy system that has a nameplate capacity of
7.5 MW DC or higher.
Any solar energy system that has a nameplate capacity of
greater than 25 kW DC but less than 7.5 MW DC.
A solar energy system with a nameplate capacity of up to
and including 25 KW DC or a solar thermal system secondary to the
use of the premises for other lawful purposes.
A solar energy system located on a farm that is a farm operation,
as defined by Article 25-AA of the Agriculture and Markets Law, in
an agricultural district, where the solar energy system is designed,
installed, and operated so that the anticipated annual total amounts
of electrical energy generated do not exceed the anticipated annual
total electricity consumed on the farm by more than 110%.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
Solar energy conversion technologies that convert solar energy
to electricity by heating a working fluid to power a turbine that
drives a generator.
Solar energy devices that convert solar radiation to usable
thermal energy for the transfer of stored heat for heating water or
air, consisting of solar collectors, storage tanks, and associated
tubing and controls. Solar thermal systems are not regulated as solar
energy systems pursuant to this chapter.
Underwriters Laboratory, an accredited standards developer
in the US.
The New York State Uniform Fire Prevention and Building Code
adopted pursuant to Article 18 of the Executive Law, as currently
in effect and as hereafter amended from time to time.
