[HISTORY: Adopted by the Board of Trustees of the Village
of Cobleskill 10-17-2023 by L.L. No. 3-2023. Amendments noted where
applicable.]
This chapter shall be known as the "Solar Energy Facilities
Law."
A.
The purpose of this chapter shall be to provide for the siting, development
and decommissioning of solar energy systems subject to reasonable
conditions to reduce potential impacts on adjoining properties, while
promoting the effective and efficient use of solar energy resources.
B.
The Village finds that well-planned and suitably located solar energy
systems can be beneficial. This chapter seeks to foster thorough project
planning and appropriate siting in support of the Village's Comprehensive
Plan objectives of preserving its attractive and cultural landscape
and sustaining its valuable economic and natural resources.
This chapter is adopted pursuant to §§ 10 and
22 of the Municipal Home Rule Law.
The following terms shall have the meanings indicated. The definitions
contained in the Village of Cobleskill Zoning Law shall also apply.
American National Standards Institute.
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 12-volt car battery or an electric motor
vehicle.
An electronic system that protects energy storage systems
from operating outside their safe operating parameters and disconnects
electrical power to the energy storage system or places it in a safe
condition if potentially hazardous temperatures or other conditions
are identified.
The Consumer Price Index for Urban Consumers, as published
by the U.S. Department of Labor, Bureau of Labor Statistics. Change
shall be calculated in January each year as the percentage difference
between the annual average of the most recent calendar year and that
of the previous year.
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 all material
respects.
A solar energy system that is affixed to the ground either
directly or by support structures or other mounting devices and that
is not attached or affixed to an existing structure. Pole mounted
solar energy systems shall be considered ground-mounted solar energy
systems for the purposes of this chapter.
Changes in the location, type of material or method of construction
of a solar energy system that will not: 1) result in any new or additional
adverse environmental impact not already reviewed and accepted for
the project by the Village Planning Board; 2) cause the project to
violate any applicable setbacks or other requirements of this chapter;
or 3) cause the project not to conform to the State Environmental
Quality Review determination or findings issued by the Planning Board.
The area measured from the outer edge(s) of the arrays, inverters,
batteries, storage cells and all other mechanical equipment used to
create solar energy, exclusive of fencing and roadways.
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.
National Fire Protection Association.
A property not owned or leased by the solar energy system
operator, nor having any land use agreement or easement related to
the system.
An area in which a species listed in 6 NYCRR Part 182, defined
herein as a species in need of protection, has been determined to
exhibit one or more essential behaviors, including behaviors associated
with breeding, hibernation, reproduction, feeding, sheltering, migration
and overwintering.
A property owned or leased by the solar energy system operator,
or a property having any land use agreement or easement related to
the system. Where multiple adjacent properties are participating in
a solar energy system, the combined lots shall be considered as one
for the purposes of applying setback requirements.
Any solar energy system that meets the following provisions:
Is an accessory use or structure, designed and intended to generate
energy primarily for a principal use located on site.
Produce up to 10 kilowatts per hour of energy or solar-thermal
systems which serve the building to which they are attached, and do
not provide energy for any other buildings beyond the lot. Small-scale
solar energy systems located on a farm operation [as per Agriculture
and Markets Law § 301(11) definition of that term] and located
in a New York State Agricultural District can produce up to 110% of
the farms needs as per the Department of Agriculture and Markets guidance
document.
A solar or photovoltaic cell, plate, panel, film, farm, reflector,
or other structure affixed to the ground, a building, or other structure
that harnesses solar radiation to directly or indirectly generate
thermal, chemical, electrical, or other usable energy, or that reflects
or concentrates solar radiation to a solar or photovoltaic cell, plate,
panel, film, array, reflector, or other structure that directly or
indirectly generates thermal, chemical, electrical, or other usable
energy.
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
A complete system intended for the collection, inversion,
storage, and/or distribution of solar energy and that directly or
indirectly generates thermal, chemical, electrical, or other usable
energy. A solar energy system consists of, but is not limited to,
solar collectors, mounting devices or structures, generators/turbines,
water and energy storage mid distribution systems, storage, maintenance
and/or other accessory buildings, inverters, combiner boxes, meters,
transformers, and all other mechanical structures.
A photovoltaic device capable of collecting and converting
solar energy into electricity.
Species listed in Title 6, Part 182 of the New York Codes,
Rules and Regulations[1] as endangered, threatened or of special concern.
Underwriters Laboratory, an accredited standards developer
in the United States.
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.
Solar energy generation facility designed and intended to
supply energy into a utility grid for off-site consumption.
[1]
Editor's Note: See 6 NYCRR Part 182.
A.
The requirements herein shall apply to all solar energy system and
equipment installations modified or installed after the effective
date of this chapter, excluding general maintenance and repair.
B.
Solar energy system installations for which a valid building permit
has been issued, or, if no building permit is presently required,
for which installation has commenced before the effective date of
this chapter, shall not be required to meet the requirements of this
chapter.
C.
Modifications to an existing solar energy system that increase the
system's area by more than 5% (exclusive of moving any fencing)
shall be subject to this chapter.
D.
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations and industry
standards as referenced in the State Building Code.
E.
To the extent that any other Village law, rule or regulation, or
parts thereof, are inconsistent with the provisions of this chapter,
the provisions set forth in this chapter shall control only as they
pertain to solar energy systems.
F.
Any proposed solar energy system subject to review by the New York
Board on Electric Generation Siting and the Environment pursuant to
Article 10 of the New York State Public Service Law, or the Office
of Renewable Energy Siting pursuant to Article 94-c of the Executive
Law, shall be subject to all substantive provisions of this chapter
and any other applicable laws, codes, ordinances and regulations of
the Village of Cobleskill, and any other applicable state or federal
laws.
A.
Prior to installing a small-scale solar energy system, a building permit shall be obtained from the Uniform Code Enforcement Officer of the Village of Cobleskill pursuant to the requirements set forth in the Village's Zoning Ordinance Section, and Chapter 58, Building Codes Administration; Fire Lanes; Rental Property, § 58-4, Building permits.
B.
The installation of a solar collector or panel, whether attached
to the main structure, an accessory structure, or as a detached, freestanding
or ground-mounted solar collector, shall meet all requirements of
this section.
C.
All solar collectors and related equipment shall be surfaced, designed,
and sited so as not to reflect glare onto adjacent properties and
roadways.
D.
A ground-mounted accessory solar energy system shall comply with
the setback requirements for an accessory structure in the zoning
district in which it is located.
E.
A roof-mounted accessory solar energy system shall be mounted as
flush as possible to the roof. To achieve proper solar orientation,
panels may exceed the roofline by five feet. Ground-mounted or freestanding
solar collector height shall not exceed 15 feet when oriented at maximum
tilt.
F.
All solar collectors and their associated support elements shall,
at the time of installation, be designed according to generally accepted
engineering practice to withstand wind pressures applied to exposed
areas by wind from any direction, to minimize the migration of light
or sound from the installation and to minimize the development of
sight obstructions for adjacent structures or land parcels.
G.
Photovoltaic systems that are integrated directly into building materials
such as roof shingles, and that are a permanent and integral part
of and not mounted on the building or structure are exempt from the
requirements of this article. However, all applicable building codes
shall be met, and necessary permits obtained. The Village Code Enforcement
Officer may request assistance from the Planning Board to determine
whether a solar energy system should be considered exempt or not.
H.
In order to ensure firefighter and other emergency responder safety,
except in the case when solar panels are installed on an accessory
structure less than 1,000 square feet in area, there shall be a minimum
perimeter area around the edge of the roof and pathways to provide
space on the roof for walking around all solar collectors and panels.
I.
Free standing or ground mounted solar collectors are permitted as
accessory structures in all zoning districts of the Village subject
to the following additional conditions:
(1)
A minimum twenty-five-foot buffer, consisting of natural and undisturbed
vegetation, shall be provided between all mechanical equipment and
solar panel arrays and adjacent properties and roadways to provide
screening. The Code Enforcement Officer, in consultation with the
Planning Board, shall have the authority to increase the buffer to
a maximum of 100 feet if necessary to provide adequate screening.
J.
Battery energy storage systems associated with a small-scale solar
energy system shall have an energy capacity of no more than 600 kWh
and shall comply with all applicable provisions of Section 1206 of
the Uniform Code of New York State. A building permit and an electrical
permit shall be required for the installation of Small-Scale Battery
Energy Storage Systems.
A.
Applications, permits and approvals required and applicable zoning
districts.
(1)
A special use permit and site plan approval by the Village of Cobleskill
Planning Board and a Village building permit shall be required for
all utility-scale solar energy systems. Such systems shall only be
permitted in the Commercial-Industrial (CI) Zoning Districts. The
Planning Board shall concurrently review the site plan and special
use permit applications.
(2)
At the earliest possible date in the project planning process, the applicant shall contact the Village's Uniform Code Enforcement Officer to schedule a pre-submission conference with the Planning Board in the manner set forth in the Village Zoning Code, Chapter 160, § 160-6, Special Use Permits, and § 160-7, Site Plan Review. At this time, the applicant shall provide the opportunity for an on-site visit by Planning Board members.
(3)
Upon receipt of an application, the Village will mail, at the cost
of the applicant, a notice of the proposed project to all owners of
property within 1,000 feet of the project boundaries.
(4)
All applications for utility-scale solar energy systems shall be
accompanied by applicable fees as may be established by the Village
Board. The applicant shall provide an escrow account to pay for the
Village's engineering, legal, and environmental review costs,
for construction inspections, and for monitoring during operation
of the facility. The escrow account shall be in an amount as determined
by the Village Planning Board or Village Board, shall be replenished
when required by the Village, and shall be maintained for the life
of the project. Once the Village Board has determined the initial
amount of escrow, the account shall be established prior to any further
Planning Board review.
(5)
The public hearing that is required in connection with the application for a special use permit will be held simultaneously on the proposed site plan. All adjacent property owners will be notified of the public hearing on the application for special use permit and site plan approval in the manner set forth in the Village Zoning Code, Chapter 160, Zoning, § 160-7.6, Public hearing.
(6)
All applications for utility-scale solar energy systems shall include
the following:
(a)
A site plan prepared by a professional engineer registered in
New York State including:
[1]
Property lines and physical dimensions of the site.
[2]
Location, approximate dimensions, and types of existing structures
and uses on the site, public roads, and other properties within 1,000
feet of the boundaries of the site.
[3]
Location and description of all solar energy system components,
whether on-site or off-site, existing vegetation, and proposed clearing
and grading of all sites involved. Clearing and/or grading activities
are subject to review by the Planning Board and shall not commence
until the issuance of the SEQRA special use permit and site plan approval.
[4]
Location of all above- and below-ground utility lines on the
site as well as transformers, the interconnection point with transmission
lines, and other ancillary facilities or structures, including accessory
facilities or equipment.
[5]
Locations of setback distances as required by this chapter.
[6]
All other proposed facilities, including electrical substations,
storage, or maintenance units, fencing, and laydown and storage areas
to be used as part of construction.
[7]
All site plan application materials required under Chapter 160, Zoning, § 160-7.3, Preliminary site plan, of the Zoning Law of the Village of Cobleskill. The Planning Board may waive those items in § 160-6.2, Application submission requirements; approval; amendments; expiration; area variances; waiver, Subsection F, that it deems inapplicable to a solar energy system application.
(b)
An electrical diagram detailing the solar energy system installation,
associated components, and electrical interconnection methods, with
all disconnects and over current devices identified.
(c)
Documentation of access to the project site(s), including location
of all access roads, gates, parking areas, etc.
(d)
A stormwater pollution prevention plan as per NYS DEC requirements
to detail stormwater runoff management and erosion control plans for
the site.
(e)
Documentation of utility notification, including an electric
service order number.
(f)
Decommissioning plan, including cost estimate and description and form of financial surety as described in § 124-9 of this chapter.
(g)
Photograph simulations shall be included showing the proposed
solar energy system in relation to the building/site along with elevation
views and dimensions, and manufacturer's specifications and photographs
of the proposed solar energy system, solar collectors, and all other
components.
(h)
Part I of the full environmental assessment form filled out
completely.
(i)
A sound study providing details of the proposed noise that may
be generated by inverter fans or other noise-generating equipment
that may be included in the project, including actual readings of
existing daytime and nighttime ambient noise at the boundary of the
participating properties; the sound study shall predict the potential
increase in noise from the project over the existing ambient noise
levels.
(j)
A geographic information systems (GIS) viewshed analysis of
the zone of visual impact (ZVI); defined as the area from which the
proposed undertaking may be visible within a 0.5 mile buffer around
solar fields covering four to 40 acres in size, and a one mile buffer
around solar fields greater than 40 acres in size. Positive visibility
of the solar field must be based upon bare-earth topography only (do
not factor in vegetation). The analysis should be presented as an
orthorectified aerial base map with the buffer boundary and project
area indicated and ZVI highlighted.
(k)
The results of on-site bird and bat migration, nesting, and
habitat surveys. Surveys must be conducted during the appropriate
seasonal windows during the year prior to submittal of an application.
Applicants shall use the most recent New York State Department of
Environmental Conservation (NYS DEC) survey protocols for grassland
birds and winter raptors. For other wildlife, applicants shall follow
NYS DEC guidance on appropriate survey methods.
(7)
Prior to final approval by the Village Planning Board, all engineering
documents, including site plan, stormwater pollution prevention plan,
and decommissioning plan, shall be signed and sealed by a New York
State licensed professional engineer or New York State registered
architect.
B.
Permitting requirements. Requirements below shall apply to all utility-scale
solar energy systems:
(1)
Code compliance. All utility-scale solar energy systems shall adhere
to all applicable Village of Cobleskill building, plumbing, electrical,
and fire codes. Except for conditions specified in this chapter, all
systems shall comply with the provisions of the Village Zoning Ordinance
for the zoning district in which they are located.
(2)
Fencing. All electrical and control equipment, including any battery
and storage cells, shall be labeled, and secured to prevent unauthorized
access. Such equipment shall be enclosed with a fence of sufficient
height as required by applicable codes. Fencing shall be located inside
the tree buffer described in requirement B(4) of this subsection.
(3)
Signs. Warning signage shall be placed on solar equipment to the
extent appropriate. Solar equipment shall not be used for displaying
advertising. All signs, flags, streamers, or similar items, both temporary
and permanent, are prohibited on solar equipment except: a) manufacturer's
or installer's identification; b) appropriate warning signs and
placards; c) signs that may be required by a federal or state agency;
and d) signs that provide a twenty-four-hour emergency contact phone
number and warn of any danger.
(4)
Visual impact. The solar facility, including any proposed off-site
infrastructure, shall be located and screened in such a way as to
avoid visual impacts as viewed from public locations, public roads
and highways, residences on neighboring parcels, or other locations
identified by the Village Planning Board. Acceptable screening would
include maintenance of existing vegetation, new vegetative barriers
or berms, landscape screen or other opaque enclosures, or any combination
thereof capable of fully screening the site. The applicant shall guarantee
that all plantings that form part of the approved landscape and screening
plan will be maintained and replaced, if necessary, during the life
of the project. Code enforcement will conduct an annual inspection.
(This can be a condition of NYS DEC permit as is the case with most
stream projects).
(a)
When the site is surrounded by existing mature trees, a buffer
where no trees shall be cut shall be established and maintained as
a wild zone for the life of the facility. The exception to this shall
be dead or diseased trees, which will be cut and removed to encourage
healthy growth of existing trees.
(b)
Trees to be included in screening shall be native and noninvasive
species of evergreen, e.g., Eastern red cedar and white spruce, a
minimum of eight feet tall and three inches in diameter at breast
height. It shall be determined and documented by the developer if
at the time of planting any species are threatened due to regional
blight, disease, etc. Final decisions on appropriate plantings will
be made by the Village Planning Board.
(c)
The solar facility shall provide for the creation of a buffer
that has an offset, double row of densely growing evergreens with
the addition of some smaller trees and shrubs in front to create more
of a naturalized hedgerow habitat. The purpose of the double row is
to provide additional screening early while the trees are still small.
While the evergreens should be the dominant tree for screening, the
addition of some smaller trees and shrubs are to be provided to benefit
wildlife and aesthetics. Appropriate shrubs and small trees to include
to create a hedgerow could be shadbush, flowering dogwood, flowering
raspberry, maple leaved viburnum, nannyberry, and choke cherry.
(d)
The plans shall show maximum buffering and screening of utility-scale
solar systems that are visible from all Village, Town, County, and
NYS Department of Transportation roadways.
(e)
The design, construction, operation, and maintenance of any
solar energy system shall prevent the misdirection and/or reflection
of solar rays onto neighboring properties, public roads, and public
parks in excess of that which already exists. The Village Planning
Board reserves the right to individually assess what they deem to
be sensitive areas potentially impacted by any proposed solar facility
as part of their review to ensure that negative impacts of solar ray
reflection will be prevented.
(f)
All structures and devices used to support solar collectors
shall be nonreflective and/or painted a subtle or earth tone color
to aid in blending the facility into the existing environment.
(5)
Panel height. Ground-mounted solar panel arrays shall not exceed
15 feet in height when oriented at maximum tilt.
(6)
Lot coverage. A utility-scale solar energy system shall not exceed
60% lot coverage, as defined herein.
(7)
Wetlands. Solar energy systems shall meet wetland requirements as
provided in Title 6, Parts 663 and 664, of the New York Codes, Rules,
and Regulations (NYCRR)[1] and stream requirements as provided in Title 6, Part 608
of the NYCRR[2] and shall meet all Clean Water Act requirements for placement
of fill in waters of the United States.
(8)
Lighting. Artificial lighting of solar energy systems shall be limited
to lighting required for safety and operational purposes and shall
be cast downward and shielded from all neighboring properties and
public roads. Lighting shall be capable of manual or auto shut off
switch rather than motion detection.
(9)
Access and parking. A road and parking will be provided to assure
adequate emergency and service access. Maximum use of existing roads,
public and private, shall be made. Any new access road will be reviewed
for fire safety purposes by the Village Building Inspector and the
chief of the fire company that serves the area containing the property.
Site access shall be maintained at a level acceptable to the local
fire department and emergency medical services, including snow removal.
Solar facility access road shall be no greater than 26 feet wide.
All roadways associated with the solar energy system shall remain
unpaved and of pervious surfaces.
(10)
Slopes. No solar panels shall be placed on slopes of 15% or
greater as averaged over 50 horizontal feet. No cutting or filling
may be done to alter natural slopes for placement of panel arrays.
(11)
Drainage. The solar energy system shall comply with New York
State stormwater regulations as set forth in GP-0-20-001, as amended.
The stormwater pollution prevention plan shall demonstrate that the
solar system will not create adverse drainage, runoff or hydrology
conditions that could impact adjoining and other nonparticipating
properties in violation of New York State stormwater requirements.
(12)
Road use. Designated traffic routes for construction and delivery
vehicles to minimize traffic impacts, wear and tear on local roads,
and impacts on local business operations shall be proposed by the
applicant and reviewed by the Village Planning Board.
(13)
Blasting. Blasting is prohibited for the construction of all
utility-scale solar energy facilities.
(14)
Cemeteries. Utility-scale solar energy systems structures and
equipment are prohibited on rural cemeteries and burial grounds. The
applicant shall consult with the Village historian to identify any
such burial grounds within the project site.
(15)
Facilities on water. Utility-scale solar energy systems shall
not be installed on Village-owned bodies of water.
(16)
Hazardous materials. All solar panels shall have anti-reflective
coating(s) not identified as a hazardous material by the U.S. Environmental
Protection Agency, unless an applicant demonstrates the hazardous
material is unlikely to cause harm to people, plants or animals when
released into the environment. The applicant shall adhere to all federal
and state laws, regulations and guidelines regarding per-and polyfluoroalkyl
(PFAS) and polytetrafluoroethylene (PTFE) films.
(17)
Deforestation.
(a)
Previously cleared or disturbed areas are preferred locations
for solar projects. Forested sites shall not be deforested to construct
solar energy facilities. Brush and isolated trees or stand of trees
in otherwise open fields or scrubland may be cut, however clear cutting
of trees more than three inches in diameter at breast height in a
single contiguous area exceeding 20,000 square feet is prohibited.
This clearing restriction shall not apply to trees cleared for the
access road.
(b)
Any portion of a property that has been clear-cut in excess
of the area described in the subsection above shall not be included
in an application for a utility-scale solar project for a period of
five years following such clear-cutting.
(c)
Site disturbance, including, but not limited to, grading, soil
removal, excavation, and soil compaction in connection with installation
of utility-scale solar energy facilities, shall be minimized to the
extent practicable.
(18)
Setbacks. There shall be a minimum 200-foot buffer between any
structures and equipment of the utility-scale solar energy system
and the parcel boundary line with any nonparticipating property, public
road, or public area. In addition, all structures and equipment shall
be set back a minimum of 450 feet from the exterior of any occupied
residence located on a nonparticipating property. Fencing, collection
lines, access roads, and landscaping may occur within the setbacks.
(19)
Wildlife. Solar energy systems shall avoid or minimize adverse
impacts to species in need of protection, as defined herein, or their
occupied habitats, to the maximum extent practicable.
(20)
Agriculture. Solar energy systems shall limit the use of agricultural
areas within their project limits to no more than 10% of soils classified
by the NYS Department of Agriculture and Markets' Agricultural
Land Classification as mineral soils groups 1 through 4. All solar
energy systems shall adhere to the Department of Agriculture and Markets'
Guidelines for Construction Mitigation for Agricultural Lands.
(21)
Underground wiring. All transmission lines and wiring associated
with a utility-scale solar energy system shall be buried and include
necessary encasements in accordance with the National Electric Code.
The Village Planning Board may waive this requirement if sufficient
engineering data is submited by the applicant to demonstrate that
underground transmission lines are not feasible or practical. The
applicant is required to show the locations of all proposed overhead
and underground electric utility lines, including substations, switchyards,
junction boxes, and other electrical components for the project on
the site plan. All transmission lines and electrical wiring shall
be in compliance with the utility company's requirements for
interconnection.
(22)
Noise. Noise levels from the solar energy system will comply
with the noise limits for solar energy facilities contained in the
New York Office of Renewable Energy Siting regulations at 19 NYCRR
900-6.5(b) by implementing the design required by 19 NYCRR 900-2.8,
except that the standards applicable to existing nonparticipating
residences shall also be met for existing participating residences.
(23)
Construction hours. Pre-, post-, and during construction, working
hours shall be limited to Monday through Friday between the hours
of 8:00 a.m. and 6:00 p.m. The Village Planning Board shall have discretion
on whether to allow work on Saturdays. Work shall not be done outside
these hours or on Sundays and holidays, to ensure the quiet rural
characteristics of the Village. Construction lighting shall be limited
to consistent with requirement B(8) above.
C.
Contractual requirements. Prior to obtaining site plan approval,
the applicant for a utility-scale solar energy system shall execute
the following contractual agreements with the Village:
(1)
Road use. Utility-scale solar energy systems shall execute a road
use agreement with the Village if Village roads are to be used for
the project. Prior to the issuance of the building permit and commencement
of construction, an existing condition survey of the approved hauling
routes using Village roads shall be undertaken by the applicant at
the applicant's expense. Any road damage during construction
caused by the operator or its subcontractors on Village roads shall
be repaired or reconstructed to the satisfaction of the Town Highway
Superintendent at the operator's expense.
(2)
Indemnification. The applicant for a utility-scale solar energy system
shall execute an indemnification agreement with the Village. The agreement
shall require the applicant/owner/operator to at all times defend,
indemnify, protect, save, hold harmless, and exempt the Village and
its officers, councils, employees, attorneys, agents, and consultants
from any and all penalties, damages, costs or charges arising out
of any and all claims, suits, demands, causes of action or award of
damages, whether compensatory or punitive, or expenses arising therefrom
either at law or in equity, which might arise out of or be caused
by the placement, construction, erection, modification, location,
equipment's performance, use, operation, maintenance, repair,
installation, replacement, removal or restoration of said solar energy
system, excepting however any portion of such claims, suits, demands,
causes of action or award of damages as may be attributable to the
negligent or intentional acts or omissions of the Village or its employees
or agents. With respect to the penalties, damages or changes referenced
herein, reasonable attorneys' fees, consultant fees, and expert
witness fees are included in those costs that are recoverable by the
Village.
(3)
Decommissioning. The applicant shall execute a decommissioning agreement as described in § 124-9 of this chapter.
(4)
Payment in lieu of taxes.
(a)
The applicant for a utility-scale solar energy system shall
enter into an agreement for a payment in lieu of taxes (PILOT) with
the Village Board pursuant to Real Property Tax Law § 487.
This PILOT agreement shall be reviewed and approved by the Village
Board. A PILOT agreement executed with the county Industrial Development
Agency (IDA), acceptable to the Village Board, in its sole discretion,
for the solar energy system may serve to meet the requirements of
this section.
(b)
No building permit shall be issued, or construction commenced
for a solar energy system until such time as the PILOT agreement has
been executed by all parties and recorded at the office of the County
Clerk.
(c)
The PILOT shall run to the benefit of the Village and be executed
by the operator and the owners of the real property upon which the
solar energy system is to be located and such signatures be notarized
in such a way that allows the PILOT agreement to be recorded at the
office of the County Clerk. Prior to commencement of construction,
the PILOT agreement shall be recorded at the office of the County
Clerk as a lien on the property and indexed against the property/properties
upon which the solar energy system is to be constructed. The intent
of this provision is so that, should the operator of the solar energy
system default with regard to the PILOT agreement, such obligation
will become the responsibility of the then owner of the property upon
which the solar energy system is sited and failure to satisfy the
terms of such agreement will permit the Village to enforce such agreement
against the owner.
(5)
Community host. The applicant shall enter into a community host agreement
providing a public benefit fee to mitigate the additional burdens
placed on the Village as a result of the project. The fee shall be
utilized as a source of funding for prospective costs and expenses
associated with and related to anticipated municipal services and
additional infrastructure improvements to be provided as a result
of the project's presence within the village. The fee shall be
in an amount established by resolution of the Village Board. (Quarterly
inspection at the rate of $30 per hour or any part of.)
D.
System operations.
(1)
Safety/emergency response. Before any utility-scale solar energy
system becomes active, the owner of the system shall arrange an on-site
meeting with the fire department having primary coverage of the project
area to review the components of the system, safety issues and procedures
for emergency response. This shall include details on the location
of labeled warnings, access to the site, and emergency disconnection
of the system. In addition, the Village will require the installation
of placards that provide mutual aid responders with sufficient information
to protect them when responding to calls on-site.
(2)
Ownership changes. If the owner or operator of the solar energy system
changes or the owner of the property changes, all requirements of
the special use permit shall remain in effect. Approval to operate
the system shall continue, provided that the successor owner or operator
assumes in writing all of the obligations of the special use permit,
site plan approval, decommissioning plan, security, and any other
agreements. A new owner or operator of the solar energy system shall
notify the Village Code Enforcement Department and the Village Mayor
of such change in ownership or operator 30 days prior to the ownership
change.
(3)
Annual report. On a yearly basis, the solar energy system owner shall
provide the Village with a report showing the rated capacity of the
system and the amount of electricity that was generated by the system
and transmitted to the grid. The report shall be submitted no later
than 30 days after the end of the calendar year.
(4)
Vegetation. Following construction of a utility-scale solar energy
system, all disturbed areas where soil has been exposed shall be reseeded
with native grasses and/or planted with low-level vegetation capable
of preventing soil erosion and airborne dust.
(5)
Project changes.
(a)
Any post-approval changes to the solar energy system, except for immaterial modifications as defined herein, shall be done by amendment to the special use permit only and shall be subject to the requirements of § 124-7 of this chapter.
(b)
Unless expressly limited by a condition imposed in the permit,
the Village Zoning Officer, Code Enforcement Officer, Building Inspector,
or other Village designee may, during project construction, allow
immaterial modifications to the design of the project as represented
in the final set of site plans reviewed by the Village Planning Board.
Such immaterial modifications shall only be allowed in response to
a written request by the applicant or permittee. All such requests
shall be addressed to the authorized Village designee, with copies
to the Chairman of the Village Planning Board, other Village designee,
and the Village's designated consultants.
(c)
Must be overseen by an independent engineering firm approved
by the Village Board.
(6)
Certification. After completion of a utility-scale solar energy system,
the applicant shall provide a post-construction certification from
a professional engineer registered in New York State that the project
complies with applicable codes and industry practices and has been
constructed and is operating according to the design plans. The applicant
shall further provide certification from the utility that the facility
has been inspected and connected.
(7)
Insurance.
(a)
The holder of a special use permit for a solar-energy system
shall agree to secure and maintain for the duration of the permit,
public liability insurance as follows (unless waived by the Village
Board for smaller systems):
[1]
Commercial general liability covering personal injuries, death,
and property damage: $5,000,000 per occurrence, $10,000,000 aggregate,
which shall specifically include the Village and its officers, councils,
employees, attorneys, agents, and consultants as additional named
insured.
[2]
Umbrella coverage: $10,000,000.
(b)
Insurance company. The insurance policies shall be issued by
an agent or representative of an insurance company licensed to do
business in the State of New York and with at least a Best's
rating of "A".
(c)
Insurance policy cancellation. The insurance policies shall
contain an endorsement obligating the insurance company to furnish
the Village with at least 30 days' prior written notice in advance
of cancellation.
(d)
Insurance policy renewal. Renewal or replacement policies shall
be delivered to the Village at least 15 days before the expiration
of the insurance that such policies are to renew or replace.
(e)
Copies of insurance policy. No more than 15 days after the grant
of the permit and before construction is initiated, the permit holder
shall deliver to the Village a copy of each of the policies or certificates
representing the insurance in the required amounts.
(f)
Certificate of insurance. A certificate of insurance that states
it is for information purposes only and does not confer sufficient
rights upon the Village shall not be deemed to comply with this chapter.
(8)
Construction inspection. The escrow amount required herein shall
be used to provide inspection by a Village engineering consultant
during construction of the solar energy system. Work shall remain
accessible and exposed until inspected and accepted by the Village's
consultant. After inspection, the work or a portion thereof shall
be noted as satisfactory as completed, or the permit holder shall
be notified as to how the work fails to comply with the Uniform Code
or conditions of the special use permit. Work not in compliance shall
remain exposed until brought into compliance, reinspected, and found
satisfactory as completed. During construction, the Village Building
Inspector/Code Enforcement Officer can issue a stop order at any time
for violations of the special use permit.
(9)
Groundwater testing. Using the escrow account required herein, the
Village shall provide water testing of private wells within 1,000
feet of the solar energy facility project boundary prior to construction
of the system and at five year intervals during system operation.
Testing will be done for lead, PFAS, and other substances that may
be determined by the Village Planning Board, depending on the composition
of panels in particular projects. In the event groundwater contamination
occurs as a result of the solar facility, the operator, at its sole
expense, shall either provide a reliable alternative water source
or address the contamination in accordance with all legal requirements.
(10)
Maintenance.
(a)
System equipment, grounds, fencing, and buffer areas shall be
maintained in good condition by the operator. Plant growth shall be
controlled by mowing or grazing. The use of herbicides shall be reviewed
and approved by the Village Planning Board. Broken panels and any
other damaged or malfunctioning equipment shall be removed from the
site within 30 days of discovery or notification of problem.
(b)
Each criminal sanctions for code violations may be imposed pursuant
to Executive Law § 382(2). Any person who fails to comply
with an order to remedy a condition violating the code, such order
having been served upon that individual either personally or by registered
or certified mail, may be subject to a fine of not more than $1,000
per day of violation and/or a term of imprisonment not to exceed one
year. The regulations promulgated by the Department of State (19 NYCRR
§ 1203.5) fix the time within which compliance with an order
to remedy is required as within 30 days of the date of the order to
remedy. In addition, those who knowingly violate any provisions of
the code, or a lawful order of a local government made thereunder,
may receive the same penalties each week, or part thereof, a violation
continuing shall be deemed a separate offense.
(11)
Operational inspection. Upon 24 hours' advance notice to
the owner/operator or designated contact person, the Village of Cobleskill
Code Enforcement Officer/Building Inspector or his or her designee
may enter the solar energy facility to verify compliance with any
requirements or conditions. The solar energy system shall be inspected
by a New York State licensed professional engineer, under contract
with the Village and paid by the escrow account required herein, to
ensure that it is operating according to the conditions of the special
use permit. Such inspections shall be done annually, and at any other
time, upon a determination by the Village's Building Inspector
that damage may have occurred. The engineer shall file an inspection
report with the Village Code Enforcement Officer/Building Inspector.
All recommendations for maintenance and repair contained in said report
shall be completed by the operator within a written schedule agreed
on by the Village Code Enforcement Officer/Building Inspector.
Battery energy storage systems with capacity of more than 600
KWh are permitted in conjunction with utility-scale solar energy systems
subject to the following conditions:
A.
Code compliance. Battery energy storage systems shall comply with
all applicable provisions of § 1206 of the Uniform Code
of New York State. A building permit and an electrical permit shall
be required for installation.
B.
Commissioning plan. Such a plan shall document and verify that the
system and its associated controls and safety systems are in proper
working condition per requirements set forth in the Uniform Code.
Where commissioning is required by the Uniform Code, battery energy
storage system commissioning shall be conducted by a New York State
licensed professional engineer after the installation is complete
but prior to final inspection and approval. A corrective action plan
shall be developed for any open or continuing issues that are allowed
to be continued after commissioning. A report describing the results
of the system commissioning and including the results of the initial
acceptance testing required in the Uniform Code shall be provided
to the Village Code Enforcement Officer prior to final inspection
and approval and maintained at an approved on-site location.
C.
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 of New York State.
D.
Operation and maintenance manual. Such plan shall describe continuing
battery energy storage system maintenance and property upkeep, as
well as design, construction, installation, testing, and commissioning
information and shall meet all requirements set forth in the Uniform
Code.
E.
System certification. Battery energy storage systems and equipment
shall be listed by a nationally recognized testing laboratory to UL
9540 (Standard for Battery Energy Storage Systems and Equipment) or
approved equivalent, with subcomponents meeting each of the following
standards, as applicable:
(1)
UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary
Power and Light Electric Rail Applications);
(2)
UL 1642 (Standard for Lithium Batteries);
(3)
UL 1741 or UL 62109 (Inverters and Power Converters);
(4)
Certified under the applicable electrical, building, and fire prevention
codes as required;
(5)
Alternatively, field evaluation by an approved testing laboratory
for compliance with UL 9540 (or approved equivalent) and applicable
codes, regulations, and safety standards may be used to meet system
certification requirements.
F.
Safety. Battery energy storage systems, components, and associated
ancillary equipment shall have required working space clearances,
and electrical circuitry shall be within weatherproof enclosures marked
with the environmental rating suitable for the type of exposure in
compliance with National Fire Protection Association (NFPA) 70, National
Electrical Code.
G.
Noise. Battery energy storage systems shall be located as close as practicable to the center of the solar panel array and shall not cause the solar energy system to exceed the noise limits specified in § 124-7 of this chapter.
H.
Signage. Signs shall comply with American National Standards Institute
(ANSI) Z535 and include the type of technology associated with the
battery energy storage system, any special hazards, the type of suppression
system installed in the area of the battery system, and twenty-four-hour
contact information, including reach-back phone number.
I.
Vegetation and tree-cutting. Areas within 20 feet on each side of
the battery energy storage system shall be cleared of combustible
vegetation and other combustible growth. Single specimens of trees,
shrubbery or cultivated ground cover, such as green grass, ivy, succulents,
or similar plants, may be used as ground cover, provided they do not
form a means of readily transmitting fire.
J.
Emergency operations plan. The applicant shall prepare a safety/emergency
response plan in cooperation with Village emergency service providers.
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.
(1)
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 solar energy system and/or battery energy storage system that,
when provided, could signify potentially dangerous conditions, including
shutting down equipment, summoning service and repair personnel, and
providing agreed upon notification to fire company personnel for potentially
hazardous conditions in the event of a system failure. All means of
shutting down the solar energy system shall be clearly marked.
(d)
The property must be inspected after a National Weather Service
designation of a severe weather watch or severe weather warning to
ensure that the property did not sustain damage. Reports of such inspection
shall be filed with the Village Building Inspector.
(e)
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/or extinguishing the fire. As covered
under the safety/emergency response plan in cooperation with Village
emergency service providers.
(f)
Response considerations similar to a safety data sheet (SDS)
that will address response safety concerns and extinguishment when
an SDS is not required.
(g)
Procedures for dealing with solar energy system and/or battery
energy storage system equipment damaged in a fire or other emergency
event, including maintaining contact information for personnel qualified
to safely remove damaged equipment from the facility. System owners
shall provide guaranteed nonemergency and emergency response times
(no more than 24 hours) of a qualified subject matter expert to the
Village Building Department and local emergency responders.
(h)
Other procedures as determined necessary by the Village to provide
for the safety of occupants, neighboring properties, and emergency
responders, that shall include but not be limited to a smoke plume
test for evacuation purposes.
(i)
Procedures and schedules for conducting drills of these procedures
and for training local emergency responders on the contents of the
plan and appropriate response procedures. Training shall be done annually
and shall include local and mutual aid emergency responders.
(2)
The system owner shall notify the local fire department, county emergency
management office, and the Village building inspector at least one
week prior to any scheduled maintenance or battery swap out.
(3)
In the event of a fire, all contaminated soil must be removed and
disposed of properly, in accordance with all applicable laws.
K.
Retention pond. The applicant for a utility-scale solar energy system
shall consult with the fire department with primary coverage of the
project area on the best fire suppression system for the planned battery
technology. If the fire department determines that water is necessary,
the applicant shall develop a well or retention pond(s) holding a
sufficient amount of water as determined in site plan review, with
dry hydrants (arrangement of piping with one end in the water and
the other extending to dry land), for emergency firefighting use.
The Village Planning Board may waive this requirement (after consulting
with the Village Water Superintendent) if it determines that the project
area is adequately served by a public water supply.
L.
Battery management system. Battery energy storage systems (BESS)
shall use a battery management system (BMS), which will incorporate
an INAC system to maintain environmental temperature and manage humidity
for optimal operating conditions for batteries. The BMS must be capable
of collecting data at the battery cell and module levels, monitoring
temperature, voltage, current, state of charge, and state of health
to detect abnormal battery conditions and provide information to prevent
and mitigate potential emergency events. All fire departments are
to be reimbursed for all costs associated with chemicals and specialty
items required to contain a lithium battery fire.
M.
Monitoring. Battery energy storage systems (BESS) shall be monitored
24 hours a day, seven days a week, from a remote operations center
that can shut off project components when abnormal conditions are
identified. The BESS shall also have smoke alarms and fire detection
systems that will trigger audio/visual alarms on the BESS containers
and be monitored remotely by the operations center, where operators
will contact local personnel immediately and ensure that local emergency
responders are notified in the event of an emergency.
N.
Delivery. No batteries will be delivered to the project site until
they are ready to be activated and placed into service. On-site storage
of batteries for more than 72 hours prior to activation is prohibited.
A.
Decommissioning plan. An owner or operator of a utility-scale solar
energy system that has not generated electricity for a period of six
consecutive months must notify the Village Mayor and the Village Building
Inspector in writing that the system is no longer operating. If the
system ceases to operate for an additional 12 consecutive months,
the system shall be deemed to be abandoned and shall be decommissioned
within six months by the owner or operator. A decommissioning plan
shall be submitted as part of the special use permit application to
the Village Planning Board. The decommissioning plan shall be signed
by the owner and/or operator of the solar energy system, identify
the anticipated life of the project, and include, but not be limited
to, the following provisions:
(1)
The removal of all energy facilities, structures, and equipment,
including any subsurface wires and footings, from the parcel. Any
access roads created for building or maintaining the system shall
also be removed and replanted with vegetation.
(2)
The cost of removing the entire solar energy system based upon prevailing
wages and any other requirements applicable to municipalities under
state or federal law and no salvage value shall be attributed to any
of the components of the solar energy system and/or the solar energy
equipment.
(3)
A schedule and methods for the removal of the solar energy system
and/or the solar energy equipment, including any ancillary structures.
(4)
The time required to restore the property to its pre-installed condition
and to repair any damage caused to the property by the installation
and removal of the solar energy system.
(5)
A plan for restoring the property to its pre-installed condition,
including grading and vegetative stabilization to eliminate any negative
impacts to surrounding properties, and, where if it was previously
used for farming, with vegetation suitable for farming purposes, i.e.,
a hay field, crops or grazing. Such restoration shall follow NYS Department
of Agriculture & Markets Guidelines for Solar Energy Projects
- Construction Mitigation for Agricultural Lands, as updated.
(6)
A proposed decommissioning agreement, which shall be provided by
the applicant and approved by the Village Board. No building permit
shall be issued for a solar energy system until the decommissioning
agreement between the applicant and the Village has been executed
and financial security provided as below set forth.
B.
Security.
(1)
Security shall be of 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 of the solar energy system and
restoration of the site subsequent to removal. The security shall
be an evergreen letter of credit issued by an A-rated financial institution
[relating to Standard & Poor's Rating Services, Inc. ("S&P")
or any successor agency thereto] or an A3-rating financial institution
[relating to Moody's Investor Services ("Moody's") or any
successor rating agency thereto] on behalf of the company. As an example,
"the amount of the security shall be 125% of the estimated cost of
removal of the solar energy system and restoration of the property,
with an escalator of 2% annually (or consumer price index change if
more than the annual escalator of 2%) for the life of the solar energy
system and shall not take into account the net salvage value of any
such project components. The security established by the agreement
shall not be subject to disclaimer or rejection in a bankruptcy proceeding."
(2)
In the event of default upon performance of such conditions, after
proper notice and expiration of any cure periods, the security shall
be forfeited to the Village, which shall be entitled to maintain an
action thereon. The security shall remain in full force and effect
until 90 days after the restoration of the property, as set forth
in the decommissioning plan, is completed.
A.
Violations of the provisions of these standards or any rules or regulations established pursuant thereto shall be subject to applicable penalties under this chapter in addition to those imposed by other applicable codes or ordinances, including, without limitation, the Village of Cobleskill Code, Chapter 62, the Village of Cobleskill Zoning Law, § 160-15.4, and the New York State Uniform Fire Prevention and Building Code.
B.
Any person, firm or corporation who violates, disobeys, neglects,
or refuses to comply with any of the terms of this chapter shall be
guilty of a violation and be subject to one or more of the following
remedies.
C.
The Board of Trustees of the Village of Cobleskill may also maintain
an action or other proceeding in the name of the Village in a court
of competent jurisdiction to compel compliance with or restrain by
injunction the violation of any provision of this chapter.
D.
Each week or part thereof a violation continues shall be deemed a
separate offense.
The invalidity of any clause, sentence, paragraph, or provision
of this chapter shall not invalidate any other clause, sentence, paragraph,
or part thereof.
This chapter shall take effect immediately upon the filing in
the office of the New York State Secretary of State in accordance
with § 27 of the Municipal Home Rule Law.
