As used in this chapter, the following terms shall have the
meanings indicated, unless the context or subject matter requires
otherwise.
CARBON SEQUESTRATION ASSESSMENT
An assessment detailing the loss of trees and other vegetation
to be removed and the quantity of carbon sequestered by this vegetation
compared to the reduction in carbon emissions representative of the
electrical output of the proposed solar facility that would otherwise
be produced from a traditional fossil fuel electrical generation plant.
COMMUNITY SOLAR SYSTEM
A solar energy system that generates electricity that is
fed directly into the power grid, and is not directly consumed on-site.
Off-site subscribers earn credits on their individual electric bills.
GLARE
The effect produced by light with intensity sufficient to
cause annoyance, discomfort, or loss in visual performance and visibility.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A free-standing solar energy system that is anchored to the
ground on a pole, column, structural foundation or other mounting
system, detached from any other structure, that generates energy 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 legally
permitted building or structure that produces electricity for onsite
or offsite consumption.
SOLAR ACCESS
Space open to the sun and clear of overhanging structures,
natural features 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 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 Tier 1, Tier 2, or Tier 3
Solar Energy System as follows.
A.
Tier 1 Solar Energy Systems:
(1)
Roof-Mounted Solar Energy Systems.
(2)
Building-Integrated Solar Energy Systems.
B.
Tier 2 Solar Energy Systems:
(1)
Ground-Mounted Solar Energy Systems with a total surface area
of all solar panels on the lot of up to 950 square feet for generation
of electricity consumed on the site.
C.
Tier 3 Solar Energy Systems:
(1)
Solar Energy Systems that are not included in the list for Tier
1 and Tier 2, or any Community Solar Facility where 75% or greater
percent of the energy generated at the site is utilized off-site.
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.
VISUAL IMPACT ASSESSMENT
The assessment of changes to a site or landscape resulting
from the installation of a Solar Energy System as viewed from surrounding
properties, adjacent roadways, or public viewpoints. This assessment
shall consist of photographs, elevations, renderings and photo-simulations
to adequately depict the comparison of existing conditions to the
proposed developed condition.
All Solar Energy Systems shall be classified as either Tier 1, Tier 2 or Tier 3 as defined in §
206-3 above. The permitting and approval for each Tier is as follows:
A. Tier 1 Solar Energy Systems. A Tier 1 Solar Energy System shall be
permitted in all zoning districts in the Town of Harrison and shall
be exempt from site plan review and approval, and Architectural Review
Board review and approval, subject to the following conditions for
each type of Tier 1 Solar Energy System. Energy generated from a Tier
1 Solar Energy System shall be consumed on-site, and shall not be
generated for the purpose of supplying energy to the electrical grid,
except in instances where surplus energy only, beyond the normal demands
of the site, is produced.
(1) Roof-Mounted Solar Energy Systems.
(a)
A Roof-Mounted Solar Energy System shall be permitted pursuant
to the issuance of a Building Permit from the Town of Harrison Building
Department.
(b)
All Roof-Mounted Solar Energy Systems shall comply with the
following:
[1]
Solar Panels on pitched roofs shall be mounted with a maximum
distance of 6 inches between the roof surface the highest edge of
the system.
[2]
Solar Panels on pitched roofs shall be installed parallel to
the roof surface on which they are mounted or attached.
[3]
Solar Panels on pitched roofs shall not extend higher than the
peak of the roof surface on which they are mounted or attached.
[4]
Solar Panels on flat roofs shall not extend above the top of
the surrounding parapet, or more than 24 inches above the flat surface
of the roof, whichever is higher.
(c)
All Roof-Mounted Solar Energy Systems shall incorporate, to
the extent feasible, the following design requirements:
[1]
If solar exposure options exist, Solar Panels should not be
placed on the front street facing portion of the roof.
[2]
Solar Panel groups should be arranged or oriented in the same
direction (either all "landscape" or all "portrait").
[3]
Solar Panels should be arranged or grouped in complete rectangles.
Staggered or stepped Solar Panel arrangements should be avoided. If
a plumbing vent or similar appurtenance is preventing a rectangular
arrangement, the vent or appurtenance should be relocated.
[4]
The colors of Solar Panels and frames should not contrast and
should reasonably match the color of the roof.
(d)
Glare: All Solar Panels shall have anti-reflective coating(s).
(e)
Equipment: With the exception of Solar Panels, all equipment
associated with Roof-Mounted Solar Energy Systems, including, but
not limited to controls, energy storage devices, heat pumps, exchangers,
or other hardware or equipment necessary for the process by which
solar radiation is converted into electricity, shall be screened from
view and shall not be located in any required front, side or rear
yard setback.
(f)
Visual Impact Assessment: If a Roof-Mounted Solar Energy System
covers more than 5,000 square feet of roof area, a Visual Impact Assessment
shall be prepared and submitted to the Building Department, who shall
determine if the potential exists for adverse visual impacts. If such
a determination is made, the Building Permit shall not be issued until
the Architectural Review Board reviews the application and provides
a recommendation to the Building Inspector. The ARB recommendation
shall be issued at the first meeting following the receipt of the
Building Inspector's referral.
(2) Building-Integrated Solar Energy Systems.
(a)
A Building-Integrated Solar Energy System, as part of the principal
or accessory structure, shall comply with all applicable setback regulations
of the zoning district within which it is situated.
(b)
A Building-Integrated Solar Energy System shall be permitted
only pursuant to the issuance of a Building Permit from the Town of
Harrison Building Department.
(c)
All equipment associated with Building-Integrated Solar Energy
Systems, including, but not limited to controls, energy storage devices,
heat pumps, exchangers, or other hardware or equipment, shall be located
within the principal or accessory structure it serves.
(d)
If the Building Inspector determined that a Building Integrated
Solar Energy System is not sufficiently integrated into the existing
building systems, and presents an appearance that is inconsistent
or erratic, then the Building Permit shall not be issued until the
Architectural Review Board reviews the application and provides a
recommendation to the Building Inspector. The ARB recommendation shall
be issued at the first meeting following receipt of the Building Inspector's
referral.
B. Tier 2 Solar Energy Systems. A Tier 2 Solar Energy Systems shall
be permitted as an accessory use in all zoning districts in the Town
of Harrison. Tier 2 Solar Energy Systems consist of small-scale ground-mounted
systems that produce energy for on-site consumption and shall not
be generated for the purpose of supplying energy to the electrical
grid, except in instances where surplus energy, beyond the normal
demands of the site, is produced. Tier 2 Solar Energy Systems shall
be exempt from site plan review and approval, and Architectural Review
Board review and approval, subject to the following conditions:
(1) A Tier 2 Solar Energy System shall be permitted pursuant to the issuance
of a Building Permit from the Town of Harrison Building Department.
(2) A Tier 2 Solar Energy System shall not exceed 950 square feet.
(3) A Tier 2 Solar Energy System shall comply with the setback regulations
for the underlying zoning district.
(4) A Tier 2 Solar Energy System shall only be installed in the side
or rear yard, and shall in no instance be located in the front yard.
(5) A Tier 2 Solar Energy System shall not exceed 15 feet in height.
(6) All Tier 2 Solar Energy Systems shall be screened from adjacent properties,
to the maximum extent reasonably practicable.
(7) Solar Energy Equipment shall be located in a manner to avoid and/or
minimize the blockage of views from surrounding properties and shading
of property to the north, while still providing solar access.
C. Tier 3 Solar Energy Systems. A Tier 3 Solar Energy System shall be
permitted as a Special Exception Use in the SB-100, SB-35, SB-1, SB-0,
R-1 and R-2 zoning districts only on parcels containing twenty-five
(25) acres or greater in land area, subject to the following safeguards
and conditions:
[Amended 3-30-2023 by L.L. No. 2-2023]
(1) A Tier 3 Solar Energy System shall be permitted pursuant to the issuance of Site Plan Approval by the Planning Board in accordance with §
235-71 of the Town Code, and the issuance of Special Exception Use Approval by the Planning Board and reviewed by the Town Board in accordance with Chapter
235 Article
V of the Town Code.
(2) A Tier 3 Solar Energy System that produces 25 MW or greater shall
obtain a permit at the state level through the siting process administered
through the Office of Renewable Energy Siting.
(3) A Tier 3 Solar Energy System shall not exceed 50% of the lot on which
it is installed. If a landowner owns more than one contiguous lot,
as part of an application for a Tier 3 Solar Energy System, lot coverage
shall increase to 80% of the lot area, as long as the total area of
coverage does not exceed 50% of all contiguously owned lots. Where
a Tier 3 Solar Energy System is not the principal use of the site,
the lot coverage may not exceed 50%, which shall also include all
principal and accessory uses on the lot.
(4) A Tier 3 Solar Energy System shall not encroach into the 100-foot
special Purchase buffer.
(5) A Tier 3 Solar Energy System shall not be located in a front, side
or rear yard setback.
(6) All sides of a Tier 3 Solar Energy System shall be screened by a
vegetated buffer. The height of the vegetated screening to the south
shall be equal to the height of the solar panels, solar canopies and
associate equipment, to allow for proper solar exposure, but also
suitable to screen the facility from public view. Screening on the
sides when solar exposure is unnecessary, shall be of a height deemed
adequate in the judgement of the Planning Board to suitably screen
the facility from surrounding properties. Screening can consist of
landscaping, berms, architectural features or other screening methods,
and shall be a minimum of 25 feet wide.
(7) Notwithstanding all other requirements contained in this chapter
which shall be met, any Tier 3 Solar Energy System in an R-1 or R-2
Zone shall in addition meet the following requirements:
(a)
Tier 3 Solar Energy Systems must be screened so as to not be
visible from other private or public properties or roadways.
(b)
Within five (5) business days of the filing of an application
for a Tier 3 Solar Energy System within an R-1 or R-2 Zone, written
notice shall be served by Return Receipt Requested to all property
owners within one thousand (1,000) feet of the subject property and
proof of same shall be filed with the Planning Board and the Town
Clerk.
(c)
No less than ten (10) business days prior to all required Public
Hearings concerning a Tier 3 Solar Energy System within an R-1 or
R-2 Zone, written notice shall be served by Return Receipt Requested
to all property owners within one thousand (1,000) feet of the subject
property and proof of same shall be filed with the Planning Board
and the Town Clerk.
(8) A Tier 3 Solar Energy System shall not exceed 15 feet in height for
a ground-mounted solar array and 20 feet for a solar canopy above
a parking lot.
(9) A Full Environmental Assessment Form with Visual Addendum shall be
submitted with every application for a Tier 3 Solar Energy System.
(10)
A Carbon Sequestration Assessment shall be submitted with every
application for a Tier 3 Solar Energy System.
(11)
A Visual Impact Assessment shall be submitted with every application
for a Tier 3 Solar Energy System.
(12)
Written acknowledgment by the utility company that the power
grid has sufficient available capacity to sustain the proposed Tier
3 Solar Energy System shall be submitted with every application for
a Tier 3 Solar Energy System.
(13)
A Tier 3 Solar Energy System shall comply with the Stormwater Management and Erosion and Sediment Control requirements of Chapter
130 of the Town Code.
(14)
All on-site utility lines shall be placed underground.
(15)
The area beneath the solar panels shall be a pervious surface,
and to the extent feasible, planted with native vegetation with an
emphasis on pollinator species.
(16)
Maintenance driveways shall not utilize a new curb cut onto
the adjacent public roadway and shall instead be accessed from an
existing site driveway, where one exists.
(17)
Maintenance driveways shall be designed to minimize site disturbances,
tree removal and grading, and shall be constructed with a pervious
surface.
(18)
Signage:
(a)
No signage or graphic content shall be located so as to be visible
from off-site or any public view.
(b)
Signage displaying the manufactures name, equipment specification
information, safety information and twenty-four-hour emergency contact
information is permissible on the interior of the site, in a location
that is not visible from a public vantage point.
(c)
As required by National Electric 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.
(19)
All solar panels shall have a non-reflective coating.
(20)
Lighting shall be limited to that minimally required for safety
and operational purposes and shall be shielded and downward directed.
(21)
All mechanical equipment, including any structure for storage
batteries, shall be enclosed by a seven-foot high fence, with a self-locking
gate to prevent unauthorized access.
(22)
Removal of existing trees larger than four inches dbh should be minimized to the extent practicable and a mitigation replanting plan shall be required on- and/or off-site pursuant to Chapter
220. Mitigation shall be determined based upon the area of disturbance as determined by the Planning Board. In determining any replanting or replacement, an emphasis will be placed on providing native perennial vegetation and foraging habitat beneficial to local wildlife and pollinator species.