[HISTORY: Adopted by the Town Board of the Town of Catskill 7-20-2016 by L.L. No. 3-2016; amended in its entirety 10-3-2023 by L.L. No. 4-2023. Subsequent amendments
noted where applicable.]
The purpose of this chapter shall be to adopt statutory requirements
to advance and protect the public health, safety and welfare of citizens
of the Town of Catskill, New York; to take advantage of safe, abundant,
renewable and nonpolluting energy resources; to decrease the cost
of energy to the owners of commercial and residential properties;
and to increase employment and business development in the region
by furthering the installation of solar energy systems.
This chapter is enacted pursuant to Town Law §§ 261
through 263 and § 10 of the Municipal Home Rule Law 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 equipment
and access to sunlight necessary therefor.
As used in this chapter, the following terms shall have the
meanings indicated:
A structure, the use of which is customarily incidental and
subordinate to that of the principal building and is attached thereto
or is located on the same lot or premises as the principal building.
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.
A solar energy system which is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure, with or without tracking for the primary purpose of producing
electricity for on-site consumption.
A solar energy system which produces a rated power of 20
kilowatts (kW) or greater per hour of energy for the purpose of producing
electricity for on-site and off-site sale or consumption.
A solar panel system for the purpose of producing electricity
for on-site or off-site consumption which produces a rated power of
under 20 kilowatts (kW) per hour of energy.
A solar photovoltaic cell, panel, array, solar hot air or
water collector device which relies upon solar radiation as an energy
source for the generation of electricity or transfer of stored heat.
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 device capable of collecting and converting
solar energy into electrical energy.
Solar thermal systems which directly heat water or other
liquid using sunlight.
A.
The requirements of this chapter shall apply to all solar energy
systems installed or modified after its effective date.
B.
Solar energy collectors shall be permitted to provide power for use
by owners, lessees, tenants, residents or other occupants of the premises
on which they are erected, but 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 Public Service Law § 66-J or
similar state or federal statute.
C.
All solar energy systems shall be designed, erected and installed
in accordance with all applicable federal, state and local laws, regulations
and standards.
A.
Building permits shall be required in all zoning districts for installation
of all solar energy collectors, stationary or tracking, for rooftop
building-mounted, ground- or pole-mounted, large-scale standing solar
collectors; and building-integrated photovoltaic systems.
B.
A building permit may be waived by the Code Enforcement Officer for
portable solar energy collectors which are not permanently installed.
A.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems and solar thermal systems are permitted
as an accessory use in all zoning districts when attached to any lawfully
permitted building or structure.
(2)
Height. Solar energy systems and solar thermal systems shall not
extend greater than one foot above the building or roof on which they
are mounted and shall not extend above the peak of the roof.
A.
Height and setback. Ground- or pole-mounted solar energy systems
shall not exceed 15 feet in height when oriented at maximum tilt,
and adhere to the setback requirements of the underlying zoning district.
B.
Lot coverage. The surface area covered by and all area located between
rows of panels of ground- or pole-mounted solar energy systems shall
be included in the determination of total lot coverage.
C.
Ground- or pole-mounted solar energy systems shall be required to
obtain a site plan approval required under the local zoning or other
land use local laws.
D.
Ground-mounted or pole-mounted solar energy systems are prohibited
in front yards and side yards.
Residential solar energy systems and solar thermal systems which produce 20 kilowatts (KW) per hour of energy or more do not need to comply with the performance guarantee requirements of § 134A-9C(6).
A.
Large-scale solar energy systems are permitted through the issuance
of a special use permit within Rural Residential/Agriculture, Highway
Commercial, or Industrial Zoning Districts and are subject to the
requirements set forth in this section, including but not necessarily
limited to site plan approval. Applications for the installation of
a large-scale solar energy system shall be reviewed by the Town of
Catskill Code Enforcement Officer and include a completed environmental
impact form (SEQRA) referred, with comments, to the Town of Catskill
Planning Board for its review, which review may include approval,
approval on conditions or denial.
B.
Ground-mounted and pole-mounted small-scale solar energy systems
are permitted through the issuance of a special use permit in all
zones.
C.
Special use permit applications requirements.
(1)
If the property of the proposed project is to be leased, a copy of
the lease and, if applicable, other documents relating to legal consents
between the parties specifying the use or uses of the land for the
duration of the project, easements and any other relevant agreements
shall be submitted.
(2)
Blueprints showing the layout of the solar energy systems signed
by a professional engineer, licensed land surveyor or registered architect
shall be required.
(3)
The equipment specification sheets shall be documented and submitted
for all solar energy systems, significant components, mounting systems
and inverters which are to be installed.
(4)
Property operation and maintenance plan. Such plan shall describe
continuing solar energy system maintenance and property upkeep such
as mowing and trimming.
(5)
The Town of Catskill may impose a tax levy on the subject lands in
the amount of said costs incurred in the removal.
(6)
Decommissioning plan and performance guarantee. To ensure the proper removal of large-scale solar energy systems and ground-mounted small-scale 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 large-scale solar energy system can no longer be used or is abandoned as defined in § 134A-11, it shall be removed by the applicant or any subsequent owner. The decommissioning plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the property to its original state prior to construction with photographs of the property prior to construction. The plan shall also include an expected timeline for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor and shall be reviewed by the Town Engineer. Cost estimations shall take into account inflation. The applicant, as a condition of the granting of a special use permit, shall post a performance bond in a reasonable amount and form as determined by the Town Board. This bond shall be in force to cover the costs of the remediation of any damage to the landscape that occurs during the clearing of the site for construction and to cover the cost of the removal of the solar energy system.
(7)
Applications for special use permits or site plans will not be approved
if a violation of Town Code or State Building Code exists at the parcel
or parcels which are the subject to the proposed application or real
property taxes are delinquent regarding said parcel or parcels.
(8)
In all zones large-scale solar energy systems are permitted only
on open fields which have been mowed, plowed or otherwise cultivated
within the last 24 months or other open space devoid of trees.
D.
Removal of large-scale systems. Removal of large-scale solar energy
and ground-mounted and pole-mounted small-scale solar systems must
be completed in accordance with the decommissioning plan. If the large-scale
solar energy system is not decommissioned after it can no longer be
used or is abandoned, the Town of Catskill may remove the system and
restore the property and impose a lien on the property to cover these
costs to the Town of Catskill.
E.
Any application under this section shall meet any substantive provisions
contained in the local site plan requirements in the Zoning Law[1] that, in the judgment of the Town of Catskill Planning
Board, are applicable to the solar energy system being proposed. The
additional following requirements are applicable.
(1)
Height and setback. Large-scale solar energy systems shall not exceed
15 feet in height when oriented at maximum tilt and setback shall
be an additional 120 feet over the setback requirements of the underlying
zoning district.
(2)
Lot size. Large-scale solar energy systems shall be located on lots
with a minimum lot size as set forth in the zoning district.
(3)
Lot coverage. A large-scale solar energy system which is ground mounted
shall not exceed 25% of the parcel where it is installed. The surface
area covered by solar panels and all area located between rows of
panels shall be included in the determination of total lot coverage.
(4)
All large-scale solar energy systems shall be enclosed by fencing
to prevent unauthorized access. Warning signs with the owner's
contact information shall be placed on the entrance and perimeter
of the fencing. The type of fencing shall be determined by the Town
of Catskill Code Enforcement Office.
(5)
The large-scale solar mounting energy system may, in the discretion
of the Town of Catskill Planning Board, be further screened by landscaping
or other material as needed for protection and visual effect.
(6)
The Town of Catskill Planning Board may impose conditions on its
approval of any special use permit 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).[2]
[2]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
A.
Any connection to the public utility grid must be inspected by the
appropriate public utility body.
B.
Solar energy systems shall be maintained in good working order.
C.
Rooftop and building-mounted solar energy collectors shall meet the
New York State Uniform Fire Prevention and Building Code standard.
D.
If solar storage batteries are included as part of the solar energy
system, they must be placed in a secure container or enclosure meeting
the requirements of the New York State Building Code when in use and,
when no longer used, shall be disposed of in accordance with the laws
and regulations of the Town of Catskill and/or other applicable New
York State and federal laws and regulations.
Solar energy systems are considered abandoned after 90 days
without electrical energy generation and must be removed from the
property. Applications for extensions are reviewed by the Town of
Catskill Code Enforcement Office for a period of 30 days.
