This solar energy chapter is adopted pursuant to §§ 261
through 263 of the Town Law and § 20 of the Municipal Home
Rule 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 community, and, in accordance with the Town Law of
New York State, "to make provision for, so far as conditions may permit,
the accommodation of solar energy systems and equipment and access
to sunlight necessary therefor."
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
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.
CANOPY
A permanent structure or architectural projection of rigid
construction over which a covering is attached that provides weather
protection, identity or decoration. A canopy is permitted to be structurally
independent or supported by attachment to a building on one or more
sides.
[Added 7-19-2022 by L.L.
No. 6-2022]
COMMUNITY SOLAR ENERGY SYSTEM
A solar installation owned collectively through condominium
or property owners' associations, business groups (e.g., strip-mall
collective), college student groups, "adopt-a-solar panel" programs,
or other similar arrangements. Building-integrated, roof-mounted,
canopy-mounted, and ground-mounted solar energy systems all may qualify
as community solar energy systems.
[Amended 7-19-2022 by L.L. No. 6-2022]
GLARE
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.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is anchored to or resting directly
on the ground via a pole or other mounting or supporting system (including
ballasts, racks or other nonpenetrative supports), detached from any
other structure, that generates electricity for on-site or off-site
consumption.
NATIVE PERENNIAL VEGETATION
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.
POLLINATOR
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system located on the roof of any lawfully
existing building or structure that produces electricity for on-site
or off-site consumption.
SOLAR ACCESS
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.
SOLAR ENERGY EQUIPMENT
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
SOLAR ENERGY SYSTEM
The component 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 system as follows:
[Amended 7-19-2022 by L.L. No. 6-2022]
A.
Tier 1 solar energy systems include the following:
(1)
Roof-mounted solar energy systems.
(2)
Building-integrated solar energy systems.
(3)
Canopy-mounted solar energy systems.
B.
Tier 2 solar energy systems include ground-mounted solar energy
systems with system capacity up to 25 kW AC and that generate no more
than 110% of the electricity consumed on the site over the previous
12 months.
C.
Tier 3 solar energy systems are systems that are not included
in the list for Tier 1 and Tier 2 solar energy systems.
SOLAR PANEL
A photovoltaic device capable of collecting and converting
solar energy into electricity.
STORAGE BATTERY
A device that stores energy and makes it available in an
electrical form.
Upon receipt of an application, the approving authority shall
e-mail and send via standard mail said application to the Conservation
Advisory Council ("CAC") for review and report. The CAC shall report
back to the approving authority within 15 days of such referral if
the approving authority is the Director of Technical Services, within
30 days of referral if the approving authority is the Town Board,
and within 45 days of referral if the approving authority is the Planning
Board. The time period within which the CAC shall be required to report
back may be extended at the discretion of the approving authority.
The approving authority shall give significant weight to the recommendations
of the CAC as well as any reports or recommendations offered by the
Town Arborist or other environmental officials. Failure by the CAC
to report back to the approving authority within the specified time
period shall be interpreted as indicating no objection to the application.
The approving authority shall send the final approved plan(s) to the
CAC.
Shares in community solar energy systems shall be offered first
to Town of Cortlandt residents.
The fees for solar energy systems shall be established from
time to time by resolution of the Town Board.
[Amended 7-19-2022 by L.L. No. 6-2022]
Pursuant to § 487 of the Real Property Tax Law, the
Town shall require all applicants to enter into a contract for payments
in lieu of taxes (PILOT) for all community solar energy systems. Each
applicant shall be required to pay $11,100 per MW/AC to the Town of
Cortlandt beginning in 2022 with an additional 3% for each year thereafter.
The duration of the PILOT shall be the maximum extent permitted by
law. In addition to the Town of Cortlandt, the applicant shall also
be required to enter into a PILOT agreement with the school district
and the County of Westchester unless otherwise waived.
Any violation of this solar energy law shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in Chapters
149 and
307 of the Town Code.
Upon adoption of this chapter, the Town's moratoria on solar
use adopted at the May 15, 2018, Town Board Meeting shall cease.
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.