The Solar Energy and Battery Energy Storage Systems Law is adopted pursuant to §§ 7-700, 7-704, 7-706, and 7-708 of the Village Law of the State of New York, which authorize the Village of Adams 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 battery energy storage systems and equipment and access to sunlight necessary therefor."
[HISTORY: Adopted by the Board of Trustees of the Village of Adams 5-16-2022 by L.L. No. 5-2022. Amendments noted where applicable.]
The Solar Energy and Battery Energy Storage Systems Law is adopted to advance and protect the public health, safety, and welfare of the Village of Adams, including:
A.
Taking advantage of a safe, abundant, renewable, and nonpolluting energy resource;
B.
To potentially decrease the cost of energy to the owners of commercial and residential properties, including single-family houses;
C.
To potentially increase employment and business development in the region by furthering the installation of solar energy systems and battery energy storage systems;
D.
To mitigate the impacts of solar energy systems and battery energy storage systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources;
F.
To ensure compatible land uses in the vicinity of the areas affected by solar energy systems and battery energy storage systems.
As used in this chapter, the following terms shall have the meanings indicated:
One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone twelve-volt car battery or an electric motor vehicle. A battery energy storage system is classified as a small or large battery energy storage system as follows:
Small battery energy storage systems have 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.
Large battery energy storage systems have 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 combination of photovoltaic (PV) 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. Technologies include PV shingles or tiles, PV laminates, and PV glass.
Installations of solar energy systems that are owned collectively through a homeowners' association, community or municipal system, "adopt-a-solar-panel" programs, or other similar arrangements.
A building that is built for the primary intention of housing battery energy storage system equipment, is classified as Group F-1 occupancy as defined in the International Building Code, and 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 systems, 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" 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 momentary flash of light that may be produced as a direct reflection of the sun on a solar collection system.
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 consumption.
A solar energy system which generates more than 110% of the energy demand for on-site consumption or sale and/or systems that have the capacity to produce more than 25 kilowatts (kW) per hour.
The area measured from the outer edge of the ground-mounted arrays, inverters, batteries, storage cells and all other mechanical equipment used to create solar energy, exclusive of fencing and roadways.
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.
A billing mechanism that credits solar energy system owners for the electricity they add to the grid. For example, if a residential customer has a PV system on their roof, it may generate more electricity than the home uses during daylight hours.
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.
Soils designated as "prime farmland" in the U.S. Department of Agriculture Natural Resources Conservation Service's (NRCS) Soil Survey Geographic (SSURGO) Database on Web Soil Survey are land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is available for these uses. It could be cultivated land, pastureland, forestland, or other land, but it is not urban or built up of major importance in meeting the nation's short- and long-range needs for food and fiber. Because the supply of high-quality farmland is limited, the U.S. Department of Agriculture recognizes that responsible levels of government, as well as individuals, should encourage and facilitate the wise use of our nation's prime farmland.
Soils designated as "prime farmland if drained" in the U.S. Department of Agriculture Natural Resources Conservation Service's (NRCS) Soil Survey Geographic (SSURGO) Database on Web Soil Survey are soils that meet all the prime farmland criteria except for depth to seasonal high-water table and are suitable for drainage. In New York State, somewhat poorly drained soils are designated as prime farmland if drained if they meet all criteria for prime farmland other than depth to water table.
A solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity for on-site and/or off-site consumption.
A solar energy system which generates no more than 110% of the electricity consumed on the site over the previous 12 months and has the capacity to produce 25 kW per hour of energy or less. A small-scale solar energy system may consist of building-integrated photovoltaics or ground-mounted or roof-mounted solar collector devices.
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 (PV) device capable of collecting and converting solar energy into electrical energy.
A device that stores energy and makes it available in an electrical form.
Solar panel wattage represents a solar panel's theoretical power production (output) under ideal sunlight and temperature conditions. Wattage is calculated by multiplying volts times amps, where volts represents the amount of force of the electricity and amperes (amps) refers to the aggregate amount of energy used.
WATTOne watt is equivalent to one joule per second.
KILOWATT (KW)A measure of 1,000 watts of electrical power.
MEGAWATT (MW)A unit of power equal to 1,000,000 watts, or 1,000 kilowatts, especially as a measure of the output of a power station.
A.
The requirements of this chapter shall apply to all solar energy systems and battery energy storage systems permitted, installed, or modified in the Village of Adams after the effective date of this chapter, excluding general maintenance and repair, and repair excluding passive and building-integrated solar energy systems.
B.
Solar energy systems and battery energy storage 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 or retrofits or replacements of an existing solar energy system and/or battery energy storage system that increases the total battery energy storage system designated discharge duration or power rating shall be subject to this chapter.
D.
All solar energy systems and battery energy storage 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 National Fire Protection Association (NFPA) codes and standards, the National Electric Code (NEC), the NYS Energy Conservation Code ("Energy Code"), and the Village of Adams Zoning Law.[1]
(1)
The Village Planning Board is 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.
(2)
The Village Planning Board will ensure solar energy systems and battery energy storage systems meet the Village requirements to set them back from nearby homes and occupied community buildings.
(3)
Issuance of permits and approvals by the Planning Board shall include review pursuant to the State Environmental Quality Review Act, Environmental Conservation Law Article 8, and its implementing regulations at 6 NYCRR Part 617 (SEQRA).
(4)
All solar energy systems and battery energy storage systems and all other buildings or structures that contain or are otherwise associated with solar energy systems and battery energy storage systems and are subject to the Uniform Code and/or the Energy Code shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the Energy Code, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code, and the Village of Adams Zoning Law.
(5)
Applicants shall also complete and execute the Village of Adams developer's agreement.
E.
Nothing contained in this provision shall be construed to prohibit collective solar installations or the sale of excess power through a net billing or net metering arrangement in accordance with New York State Public Service Law § 66-j or similar New York State or federal law or regulation.
F.
All solar energy systems shall be designed, erected, and installed in a manner so as to prevent undue glare from falling on adjoining properties or creating traffic safety issues.
G.
All solar energy systems shall require a building permit.
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. A valid zoning permit shall be obtained through the Village of Adams Zoning Enforcement Officer prior to installation.
(2)
Roof-mounted solar energy systems require a building permit. All work shall be completed in accordance with the NYS Building Code and National Electric Code.
(3)
Height. Solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located and are provided the same height exemptions granted to building-mounted mechanical devices or equipment.
(4)
Aesthetics. Roof-mounted solar energy system installations shall incorporate, when feasible, the following design requirements:
(a)
Panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and highest edge of the system.
(b)
Roof-mounted solar structures shall be color coordinated to harmonize with roof material and other colors of the structure.
(c)
Solar panels shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties, or roadways.
(d)
Access and pathways (NFPA Section 324.7). Roof access, pathways, and spacing requirements for solar photovoltaic systems shall be provided in accordance with NFPA Sections R324.7.1 through R324.7.6.
(e)
Size of solar photovoltaic array (NFPA Section 324.7.1). Each photovoltaic array shall not exceed 150 feet in any direction.
(f)
Roof access points (NFPA Section 324.1.2). Roof access points shall be located:
[1]
In areas that establish access pathways which are independent of each other and as remote from each other as practicable so as to provide escape routes from all points along the roof.
[2]
In areas that do not require the placement of ground ladders over openings such as windows or doors or areas that may cause congestion or create other hazards.
[3]
At strong points of building construction, such as corners, pilasters, hips, and valleys and other areas capable of supporting the live load from emergency responders.
[4]
Where the roof access point does not conflict with overhead obstructions such as tree limbs, wires, or signs.
[5]
Where the roof access point does not conflict with ground obstructions such as decks, fences, and landscaping.
[6]
In areas that minimize roof tripping hazards such as vents, skylights, satellite dishes, antennas, or conduit runs.
(g)
Ground access areas (NFPA Section 324.7.3). Ground access areas shall be located directly beneath access roofs and roof access points. The minimum width of the ground access area shall be the full width of the access roof or roof access point, measured at the eave. The minimum depth shall allow for the safe placement of ground ladders for gaining entry to the access roof.
(5)
Roof-mounted solar energy systems that use the energy on-site or off-site shall be exempt from site plan review under the local zoning code or other land use regulations.
B.
Ground-mounted solar energy systems.
(1)
Ground-mounted solar energy systems that use the electricity primarily on-site are permitted as accessory structures with a zoning permit within all zoning districts. A site plan review shall be required.
(2)
Ground-mounted solar arrays require a building permit. All work shall be completed in accordance with the NYS Building Code and National Electric Code.
(3)
Height. Ground-mounted solar energy systems that use the electricity primarily on-site shall not exceed 16 feet in height when oriented at maximum tilt.
(4)
Lot coverage. Systems are limited to a maximum coverage of 30%. The surface area covered by Ground-Mounted solar panels shall be included in total lot coverage.
(5)
Setbacks. Ground-mounted solar energy systems shall adhere to the setback requirements of the underlying zoning district. All solar collectors must be located in compliance with DEC and federal floodplain regulations and specifications as they pertain to waterways, water bodies and designated wetlands.
(6)
All such systems shall be installed in the side or rear yards.
C.
Decommissioning small-scale energy systems.
(1)
If a ground-mounted solar collector(s) ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment by no later than 90 days after the end of the twelve-month period.
(2)
In the event that the property owner fails to remove the aforesaid nonfunctioning system within the time prescribed herein, the Village may enter upon the land where such system has been installed and remove same. All expenses incurred by the Village in connection with the removal of the nonfunctioning system shall be assessed against the land on which such ground-mounted solar collector is located and shall be levied and collected in the same manner provided in Article 5 of the New York Village Law for the levy and collection of a special ad valorem levy.
A.
Large-scale solar energy systems are permitted through site plan review within General Commercial and Industrial Districts, subject to the requirements set forth in this section, including site plan criteria. Applications for the installation of a large-scale solar energy system shall be reviewed by the Zoning Enforcement Officer and referred, with comments, to the Village Planning Board for its review and action, which can include approval, approval on conditions, and denial.
(1)
All solar energy systems shall be designed by a NYS licensed architect or licensed engineer and installed in conformance with the applicable International Building Code, International Fire Prevention Code and National Fire Protection Association (NFPA) 70 Standards, and National Electric Code.
(2)
All solar collectors must be located in compliance with DEC and federal floodplain regulations and specifications as they pertain to waterways, water bodies and designated wetlands.
B.
Site plan review application requirements for large-scale solar. The site plan review 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)
Plans showing the layout of the 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 for large-scale solar. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.
(5)
Decommissioning plan for large-scale solar. Such plan shall be completed and submitted pursuant to § 226-10, Decommissioning of large-scale solar and battery energy storage systems.
(6)
Emergency operations plan. A copy of the approved emergency operations plan shall be given to the system owner, the local fire department, and local fire code official. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information:
(a)
Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.
(b)
Procedures for inspection and testing of associated alarms, interlocks, and controls.
(c)
Procedures to be followed in response to notifications from the battery energy storage management system, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure.
(d)
Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.
(e)
Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.
(f)
Procedures for dealing with battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility.
(g)
Other procedures as determined necessary by the Zoning Officer or Planning Board to provide for the safety of occupants, neighboring properties, and emergency responders.
(h)
Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures shall occur a minimum of every three years or more frequently based on technology changes or fire department request.
C.
Site plan review standards for large-scale solar.
(1)
Height and setback. Large-scale solar energy systems shall not exceed 16 feet in height when oriented at maximum tilt. Any structure and equipment shall be located at least 500 feet from any nonparticipating and participating adjoining property lines. Nonparticipant properties to be set back from also include those across road rights-of-way. Contiguous side and rear yard setbacks can be reduced to zero feet where participating parcels adjoin one another.
(2)
Lot coverage. A large-scale solar energy system that is ground-mounted shall not exceed 75% lot coverage of the lot on which it is installed. The surface area covered by solar panels shall be included in total lot coverage.
(3)
Fences. If a large-scale solar energy system is to be enclosed by fencing, warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing. The fencing shall be a minimum of eight feet high with no barbed wire and reviewed and approved by the Village Planning Board. The fencing and the system may be further screened by any landscaping needed to avoid adverse aesthetic impacts.
(4)
Buffering, screening and visibility. All large-scale solar energy systems shall have views minimized from adjacent properties to the extent reasonably practicable, as determined by the Planning Board based on site-specific conditions, including natural topography, adjacent structures, public roadways, and homes across public roadways. Reasonable efforts shall be made to minimize visual impact while preserving natural vegetation, and providing landscaping to abutting residential properties, public roads, and from public sites known to include important vistas or viewsheds, but screening should minimize the shading of solar collectors using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area.
(a)
Large-scale solar energy systems shall be required to:
[1]
Conduct a visual assessment of the potential visual impacts of the solar energy system on public roadways, adjacent properties, views from adjacent homes and homes across public roadways. 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 and photo simulations, shall be submitted by the applicant.
[2]
Submit a screening and landscaping plan to show adequate measures to buffer/screen through landscaping, grading, or other means so that views of solar energy systems shall be minimized as reasonably practical from public roadways, across roadways and adjacent properties to the extent feasible.
[3]
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. It shall include sketches/renderings of the buffer plants along with topography considerations indicating their effectiveness in providing screening and minimizing visual and aesthetic impacts.
(b)
The landscaped screening shall provide screening and buffering to limit project visibility with a mixture of native vegetation, including evergreen and deciduous trees and shrubs, along with other approved methods. At the reasonable discretion of the Planning Board, vegetation must be planted within a buffer area placed within the additional 100-foot setback from the minimum setback along the parcel lines abutting a residential property line, public roadway, or area across a public roadway to a residential home. Existing vegetation may be used to satisfy a portion of the required landscaped screening.
(c)
The Planning Board shall have the authority to set minimum height limits of plants at time of planting, placement of vegetation within the buffer area, and adequacy of screening to protect nearby homes and public roadways.
(d)
Buffers/screening/vegetation shall be maintained for the life of the project.
(5)
Signage. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing. Solar equipment shall not be used for displaying any advertising. All signs, flags, streamers or similar items, temporary or permanent, are prohibited on solar equipment except:
(6)
Glare.
(a)
Solar panels shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties, or public/private roadways. Exterior surfaces of all solar panels and related equipment shall have a nonreflective finish.
(b)
Attention shall also be given to minimizing impact on aircraft pilots as they maneuver and train within this portion of the county. A glare hazard analysis shall be completed to identify the scope of potential impacts and inform the applicant, Watertown International Airport airfield manager and Wheeler-Sack Army Airfield manager and/or training supervisors.
[1]
Watertown International Airport or any private airfield. The applicant shall notify the airport manager upon application submission to determine potential impacts on the airport. (Notice shall be accompanied by a glare hazard analysis.) The applicant shall provide a letter of response from the airport manager.
[2]
Fort Drum Wheeler-Sack Army Airfield. The applicant shall notify Fort Drum personnel in the Plans, Analysis, and Integration Office upon application submission to determine potential impacts on Fort Drum airfield and training operations. Notice shall be accompanied by a glare hazard analysis. The applicant shall provide a letter from Fort Drum with comments.
[3]
Helicopter landing sites. Emergency helicopter landing site areas should be examined to minimize potential glare impacts on pilots on approach, takeoff and flyover.
(7)
Noise. Noise-producing equipment such as substations and inverters shall be located to minimize noise impacts on adjacent properties. Their setback from property lines should achieve no discernable difference from existing noise levels at the property line.
(8)
Access. A twenty-five-foot-wide road shall be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Access roads shall be gated at the point of connection with public roadways.
(9)
Agricultural resources for projects located on agricultural lands.
(a)
Any large-scale solar energy system located on the areas that consist of prime farmland, prime farmland if drained, and farmland of statewide importance shall not exceed 50% of the area of prime farmland, prime farmland if drained, and farmland of statewide importance on the parcel. Also, large battery energy storage systems on prime farmland, prime farmland if drained, and 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, large battery energy storage systems located on prime farmland, prime farmland if drained, and farmland of statewide importance shall be constructed in accordance with the construction requirements of the New York State Department of Agriculture and Markets.
(c)
Large battery energy storage 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.
(d)
Buffers/screening/vegetation shall be maintained for the life of the project.
(10)
The Village Planning Board may impose conditions on its approval of any site plan review under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA).[1]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
Solar energy systems are considered abandoned after 12 months without electrical energy generation and must be removed from the property. Applications for extensions are reviewed by the Village Planning Board for a period of six months. The site shall be restored to its original condition within one year of abandonment determination and follow the decommissioning plan on file in accordance with § 226-10, Decommissioning of large-scale solar and large battery energy storage systems.
All large battery energy storage systems are permitted through the issuance of a site plan review and site plan review within General Commercial and Industrial Districts and subject to the following application requirements:
A.
Site plan application. 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 three-line electrical diagram detailing the battery 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 battery system structures, significant components, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the completion of the project.
(5)
Name, address, and contact information of the proposed or potential system installer and the owner and/or operator of the battery energy storage system. Such information of the final system installer shall be submitted prior to the issuance of a building permit.
(6)
Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing, trimming, snowplowing, snow storage, and snow removal.
(7)
With an acre or more proposed soil disturbance, erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards will be required.
(8)
If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of land for the duration of the project, including easements and other legally binding agreements, shall be submitted as part of application.
(9)
Vegetation and tree-cutting. Areas within 10 feet on each side of the large battery energy storage systems shall be cleared of combustible vegetation and other combustible growth. Specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground cover shall be permitted to be exempt, provided they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible.
(10)
Noise. The one-hour average noise generated from the battery energy storage systems, components, and associated ancillary equipment shall not exceed a noise level of 60 dBA as measured at the outside wall of any nonparticipating/participating residence or occupied community building. Applicants may submit equipment and component manufacturers' noise ratings to demonstrate compliance. The applicant may be required to provide operating sound pressure level measurements from a reasonable number of sampled locations at the perimeter of the battery energy storage system to demonstrate compliance with this standard.
(11)
Fire safety compliance plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code.
(12)
Emergency operations plan. A copy of the approved emergency operations plan shall be given to the system owner, the local fire department, and local fire code official. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information:
(a)
Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.
(b)
Procedures for inspection and testing of associated alarms, interlocks, and controls.
(c)
Procedures to be followed in response to notifications from the battery energy storage management system, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure.
(d)
Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.
(e)
Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.
(f)
Procedures for dealing with battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility.
(g)
Other procedures as determined necessary by the Zoning Officer or Planning Board to provide for the safety of occupants, neighboring properties, and emergency responders.
(h)
Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures shall occur a minimum of every three years or more frequently based on technology changes or fire department request.
B.
Site plan review standards for large battery energy storage systems.
(1)
Lot size. The minimum lot size for large battery energy storage systems shall meet the lot size requirements of the underlying zoning district.
(2)
Setbacks. Large battery energy storage systems shall be set back a minimum of the district setback of primary structures, plus an additional 300 feet for the buffer and screening areas from a public street, residential lot line and/or across a public street from a residential lot line.
(3)
Height. The maximum height for large battery energy storage systems shall be 16 feet.
(4)
Lot coverage.
(a)
The following components of a large solar energy system shall be considered included in the calculations for lot coverage requirements:
[1]
When calculating the lot coverage, the surface area covered by the solar energy system solar panels shall be included in the calculation of total lot coverage.
[2]
All mechanical equipment of the solar energy system or large-scale battery energy storage system, including any pad-mounted structure for batteries, switchboard, transformers, or storage cells.
[3]
Paved access roads servicing the solar energy and battery energy storage system.
(b)
Lot coverage of the battery energy system, as defined above, shall not exceed 75%.
(5)
Fencing requirements. All mechanical equipment, including any structure for battery storage batteries, shall be enclosed by an eight-foot-high fence, with no barbed wire, with a self-locking gate to prevent unauthorized access.
(6)
Buffering, screening and visibility.
(a)
Battery energy storage systems shall have views minimized from adjacent properties to the extent reasonably practicable, as determined by the Planning Board based on site-specific conditions, including natural topography, adjacent structures, public roadways, and homes across public roadways, reasonable efforts shall be made to minimize visual impact while preserving natural vegetation and provide landscaping to abutting residential properties, public roads, and from public sites known to include important vistas or viewsheds, but screening should minimize the shading of solar collectors using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area.
(b)
Large battery energy storage systems shall be required to:
[1]
Conduct a visual assessment of the potential visual impacts of the battery energy storage system on public roadways, adjacent properties, views from adjacent homes and homes across public roadways. 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, digital viewshed report and photo simulations, shall be submitted by the applicant.
[2]
Submit a screening and landscaping plan to show adequate measures to buffer/screen through landscaping, grading, or other means so that views of battery energy storage equipment shall be minimized as reasonably practical from public roadways, across roadways and adjacent properties to the extent feasible.
[a]
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. It shall include sketches/renderings of the buffer plants along with topography considerations indicating their effectiveness in providing screening and minimizing visual and aesthetic impacts.
[b]
The landscaped screening shall provide screening and buffering to limit project visibility with a mixture of native vegetation, including evergreen and deciduous trees and shrubs, along with other approved methods. At the reasonable discretion of the Planning Board, vegetation must be planted within a buffer area placed within the additional 100-foot setback from the minimum setback along the parcel lines abutting a residential property line, public roadway, or area across a public roadway to a residential home. Existing vegetation may be used to satisfy a portion of the required landscaped screening.
[3]
The Planning Board shall have the authority to set minimum height limits of plants at time of planting, placement of vegetation within the buffer area, and adequacy of screening to protect nearby homes and public roadways.
[4]
Buffers/screening/vegetation shall be maintained for the life of the project.
(7)
Agricultural resources. For projects located on agricultural lands:
(a)
Any large battery energy storage system located on the areas that consist of prime farmland, prime farmland if drained, and farmland of statewide importance shall not exceed 50% of the area of prime farmland, prime farmland if drained, and farmland of statewide importance on the parcel. Also, large battery energy storage systems on prime farmland, prime farmland if drained, and 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, large battery energy storage systems located on prime farmland, prime farmland if drained, and farmland of statewide importance shall be constructed in accordance with the construction requirements of the New York State Department of Agriculture and Markets.
(c)
Large battery energy storage 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.
(d)
Buffers/screening/vegetation shall be maintained for the life of the project.
(8)
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 rights-of-way.
(9)
Vehicular paths. Vehicular paths from the public highway to the site and within the site shall be a minimum of 25 feet in width and designed to minimize the extent of impervious materials and soil compaction while accommodating heavy equipment and emergency vehicles.
(10)
Signage.
(a)
No signage or graphic content shall be displayed on the solar energy system 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 of no more than 32 square feet.
(b)
As required by the National Electrical 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.
(11)
Glare. Battery energy storage systems (BESS) shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties, or roadways. Exterior surfaces of all BESS and related equipment shall have a nonreflective finish. Particular attention shall be paid to structure orientation with regard to airport runway locations, airplane flyover/approach patterns, and emergency helicopter landing areas to minimize potential glare impacts on pilots. A glare hazard analysis report shall be completed to gauge potential impacts on aircraft pilots (where airplane flyover, approach and takeoffs occur) and for nearby drivers along public roads.
(12)
Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.
(13)
Tree cutting. Removal of existing trees larger than six inches in diameter should be minimized to the extent possible, except to ensure safety and adequate solar exposure to panels. Due to potential endangered species impacts, tree cutting should incorporate consultation and approval from United States Fish and Wildlife Service and New York State Department of Environmental Conservation, if applicable.
A.
Solar energy systems or battery energy storage systems that have been abandoned and/or are 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 Village as set forth herein.
B.
A decommissioning plan signed by the owner and/or operator of the solar energy system and battery energy storage system shall be submitted by the applicant, addressing the following:
(1)
The cost of removing the solar energy system and/or BESS.
(2)
The time required to decommission and remove the BESS or solar energy system and any ancillary structures.
(3)
The time required to repair any damage caused to the property by the installation and removal of the solar energy system and BESS.
(4)
The site shall be restored to its original native state and/or use, including priority ag soils if present prior to construction.
C.
Security.
(1)
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 restoration of the site subsequent to removal. The amount of the bond or security shall be 125% of the cost of removal of the large-scale solar energy system and restoration of the property with an escalator of 2% annually for the life of the solar energy system.
(2)
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.
A.
Battery energy storage systems shall be certified under the applicable electrical and/or building codes as required.
B.
Battery energy storage 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 large battery energy storage system is located in an ambulance district, the local ambulance corps.
C.
If battery energy storage systems are included as part of the solar energy system, or are a standalone project, 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. Ongoing training shall be provided to the local fire department regarding proper safe techniques to fight potential fires caused by battery storage incident or malfunction. Training shall occur a minimum of every three years or more frequently based on technology changes or fire department request.
If the owner or operator of the solar energy system or battery energy storage system changes or the owner of the property changes, the site plan review shall remain in effect, provided that the successor owner or operator assumes, in writing, all of the obligations of the site plan review, site plan approval, and decommissioning plan. A new owner or operator of the solar energy system shall notify the Zoning Enforcement Officer of such change in ownership or operator within 30 days of the ownership change.
A.
Site plan review approval for a solar energy system or battery energy storage system shall be valid for a period of 12 months, provided that construction is commenced. 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, within 12 months after approval, the applicant or the Village may extend the time to complete construction for 180 days. If the owner and/or operator fails to perform substantial construction after 18 months, the approvals shall expire.
B.
Upon cessation of electricity generation of a solar energy system on a continuous basis for 12 months, the Village 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 180 days of notification.
C.
If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Village 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.
For all large-scale solar and large battery storage facilities, a road maintenance agreement will be required to be completed in consultation with the Village DPW Superintendent and the Village Engineer for the Village streets where the solar equipment, battery energy storage equipment, or construction materials using heavy vehicles will be transported during project construction.
A.
Pursuant to Chapter 263 of New York Village Law, all parcels within the Village of Adams shall be permitted to enjoy access to direct sunlight.
B.
No structure shall be constructed or vegetation installed that limits direct solar access greater than 50% of the ground surface of adjoining lots to less than six hours on any day of the year.
Any violation of this Solar Energy and Battery Energy Storage Law shall be subject to the same civil and criminal penalties provided for in the Zoning regulations of the Village of Adams.
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.