[Added 10-10-2023 by L.L. No. 6-2023]
A.
Solar energy is a renewable and nonpolluting energy resource that
reduces fossil fuel emissions and reduces a municipality's energy
load. Energy generated from solar energy systems can be used to offset
energy demand on the grid when excess solar power is generated.
B.
The use of solar energy systems for the purpose of providing electricity
and energy for heating and/or cooling, or any other use needing electric
power, is a necessary component of the Town of Blooming Grove's
current and long-term sustainability agenda.
C.
This article is intended to permit and regulate solar energy systems
and equipment and the provision of adequate sunlight and convenience
of access necessary therefor; to balance the potential impact on neighbors
when solar collectors may be installed near their property, while
preserving the rights of property owners to install solar energy systems
in accordance with applicable laws and regulations; and to recognize
solar energy as a source for current and long-term energy sustainability.
This article and the implementation of this article is intended to
accord with the state Agriculture and Markets Law and guidelines of
the State Department of Agriculture and Markets.
As used in this article, the following terms shall have the
meanings indicated:
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. If the amount of energy produced by
such system:
A solar energy system that is anchored to the ground or attached
to a pole or other mounting system, detached from any other structure.
A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. A watt is a metric measurement
of power (not energy) and is the rate (not the duration) at which
electricity is used. One thousand kW is equal to one megawatt (MW)
(alternating current).
A unit of energy equivalent to one kilowatt (1 kW) of power
expended for one hour of time.
A solar energy system that produces over 12 kilowatts (kW)
of energy, which primarily serves buildings or structures to which
the system is not attached. The maximum amounts of electricity generated
by the system and the maximum area of land upon which the system shall
be erected are as follows:
Up to one megawatt (alternating current) on an area of land
no larger than 10 acres, excluding any easement for accessing the
area; or
Over one but not to exceed five megawatts (alternating current)
on an area of land that is no larger than 35 acres, excluding any
easement for accessing the area.
Equal to 1,000 kilowatts; a measure of the use of electrical
power.
A unit of energy equivalent to one megawatt (1 MW) of power
expended for one hour of time.
A person who possesses skills and knowledge related to the
construction and operation of solar energy systems equipment and installations
and has received safety training on the hazards involved. Persons
or entities on the list of eligible solar installers maintained by
the New York State Energy Research and Development Authority (NYSERDA),
or are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purpose of this definition.
A solar energy system that does not produce more than 12
kW of energy and serves only the buildings or structures on the lot
upon which the system is located. Nothing contained in this provision
shall be construed to prohibit the sale of excess power through a
net billing or net metering arrangement made in accordance with the
New York Public Service Law (§ 66-j) or similar state or
federal statute.
Space open to the sun and substantially clear of overhangs
or shade, including the orientation of streets and lots to the sun
to permit the use of solar energy systems on individual properties.
A solar photovoltaic cell, module, panel or array or a 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.
An easement recorded pursuant to New York State Real Property
Law § 335-b, the purpose of which is to secure the right
to receive sunlight across real property owned by another entity for
the purpose of operating a solar energy system.
Solar collectors, controls, energy storage devices, heat
pumps, heat exchangers and other materials, hardware or equipment
necessary to the process by which solar radiation is collected, converted
into another form of energy, stored, protected from unnecessary dissipation
and distributed.
A device for the direct conversion of solar energy into electricity.
The equipment that converts and then stores or transfers
energy from the wind into usable forms of energy and includes any
base, blade, foundation or support, generator, infrastructure, nacelle,
rotor, tower, transformer, turbine, vane, wire, substation, or control
facilities or other components used in the system. The turbine or
windmill may be on a horizontal or vertical axis. A wind energy conversion
system may consist of one or more wind turbines.
A.
The requirements of this article shall apply to all solar energy
systems and equipment installed or modified after the effective date
of this article.
B.
A solar energy system for which a valid permit has been issued and
that is in compliance with all applicable New York State laws, rules
and regulations is not required to comply with this article, provided
that such systems complied with all applicable laws, rules and regulations
when installed.
A.
No solar energy system equipment shall be installed, operated or
modified except in compliance with this chapter.
B.
A qualified solar installer must perform all solar energy system
installations.
C.
Prior to operation, electrical connections must be inspected by the
Town Code Enforcement Officer and by a qualified electrical inspector
acceptable to the Town. Any connection to a public utility grid must
meet all applicable Town, state, federal and public utility laws,
rules and regulations.
D.
All solar energy systems shall be maintained to be safe and in good
working order.
E.
All solar energy systems shall comply with all applicable New York
Uniform Fire Prevention and Building Code standards.
F.
If solar storage batteries are included as part of the system, they
must be placed in secure containers or enclosures meeting the requirements
of the New York State Building Code when in use, and when no longer
used, such batteries shall be disposed of in accordance with the laws
and regulations of the Town and other applicable laws and regulations.
Such batteries shall be considered for recycling when recycling is
available locally.
G.
All solar energy systems and equipment shall be marked in order to
provide emergency responders with appropriate warning and guidance
with respect to isolating the solar electric system. Materials used
for marking shall be weather resistant. The markings shall be placed
adjacent to the main service disconnect in a location clearly visible
from the location where the lever is operated. If any of the standards
for markings in this subsection are more stringent than applicable
provisions of the New York State Uniform Fire Prevention and Building
Code (the state code), then these provisions shall be deemed guidelines
only, and the standards of the state code shall apply.
H.
All solar panels and equipment shall be surface designed and sited
to not reflect glare onto other properties, public or private roads,
rights-of-way, or aircrafts in flight and shall not interfere with
traffic or create a safety hazard.
I.
Prior to issuance of any permit for a solar energy system, the applicant
shall submit to the Town Building Department a letter stating that
the issuance of said permit shall not and does not create in the property
owner, or its successors and assigns in title, or create in the property
itself:
(1)
The right to remain free of shadows and/or obstructions to solar
energy caused by development of adjoining or neighboring property
or the growth of any trees or vegetation on adjoining or neighboring
property; or
(2)
The right to restrict or prohibit development or the growth of any
trees or vegetation on adjoining or neighboring property.
A small-scale solar energy system is a permitted accessory use
and structure in all zoning districts but shall be subject to the
following requirements:
A.
Roof-mounted solar energy systems.
(1)
A roof-mounted solar energy system may be mounted on any legal principal
or accessory building or structure. It is not subject to site plan
review and approval by the Planning Board.
(2)
A roof-mounted solar energy system is permitted to serve only the
building(s) or structure(s) on the lot upon which the system is located.
(3)
The applicant shall file with the Town Building Department a New
York State unified solar permit (USP) application and pay all fees
in order to obtain a building permit.
(4)
When feasible, as determined by the Town Code Enforcement Officer,
solar panels facing the front yard must be mounted at the same angle
as the roof's surface, with a maximum distance of 18 inches between
the roof and the highest edge of the panels.
(5)
Roof-mounted solar collectors shall not be subject to height limitations
governing principal or accessory buildings or structures to which
it is mounted if, in the opinion of the Town Code Enforcement Officer,
after consultation with the Town Engineer, such collectors are installed
no more than a height reasonably necessary to accomplish the intended
purpose and do not obstruct solar access of neighboring properties.
(6)
In buildings or structures with greater than 1,000 square feet of
roof area, a suitable perimeter area around the edge of the roof shall
be provided.
B.
Ground-mounted solar energy system.
(1)
A ground-mounted solar energy system is permitted to serve only the
building(s) or structure(s) on the lot upon which the system is located
or on an adjoining vacant lot owned by the entity that owns the building(s)
or structure(s) being served.
(a)
Site plan review and approval by the Planning Board, pursuant to § 235-55 of this chapter, is required for all property except a lot containing a one- or two-family dwelling. However, if the solar energy system is to be located on a vacant lot which will serve building(s) or structure(s) on an adjoining lot, site plan approval is required regardless of the occupancy of such building(s) or structure(s).
(2)
A ground-mounted solar energy system shall not be placed in a front
yard. The required rear yard and side yard setback for a ground-mounted
solar energy system shall be at least 100 feet from the property line.
Applicants unable to comply with setback requirements may apply to
the Zoning Board of Appeals for relief.
(3)
The height of ground-mounted solar collectors and mounts shall not
exceed 12 feet when oriented at a maximum tilt.
(4)
The ground-mounted solar energy system and related equipment shall
be substantially screened from view from adjoining and neighboring
properties and public and private roadways through the use of architectural
features, earth berms, landscaping or other screening which will harmonize
with the character of the property and surrounding area. If landscape
screening is proposed, a landscape design, signed and stamped by a
licensed landscape architect, shall be submitted with all solar system
site plan applications. Such screening shall be designed and installed
so as not to substantially interfere with normal operation of the
solar collectors.
(5)
Ground-mounted solar energy system equipment shall not be sited within
any required buffer area.
(6)
Lot coverage limitations.
(a)
The total surface area of all solar collectors on a lot shall
not exceed the area of the ground covered by the building structure
of the largest building on the lot measured from the exterior walls,
excluding patios, decks, balconies, screened and open porches and
attached garages.
(b)
The area beneath all solar collectors shall be included in calculating
maximum permitted lot coverage limitations.
(7)
If the solar collectors are mounted above an existing impervious
surface, they shall not be calculated as part of the lot surface coverage
limitations for the applicable zoning district.
(8)
The area beneath solar collectors shall not be used for storage of
any equipment or material.
(9)
The installation of a ground-mounted solar energy system shall be considered a land development activity for purposes of stormwater management pursuant to Town Code Chapter 201 of the Town of Blooming Grove.
(10)
The applicant, property owner, system owner and system operator
must agree, in writing satisfactory to the Town Attorney, to remove
the solar energy system and all associated equipment and structures
if the solar energy system ceases to be used for its intended purpose
for 12 consecutive months. Removal of such unused system, equipment
and structures shall be completed within six months thereafter.
B.
Large-scale solar energy systems are permitted as a conditional use in all other zoning districts, subject to site plan review and approval by the Planning Board and subject to the requirements contained in Town Code § 235-45.7.
D.
In the Surface Water Overlay District, solar projects shall also, and additional to meeting the requirements set forth in § 235-14.4E, provide the Planning Board with an accounting that total wetlands and/or surface water are not disturbed during and after the construction of the solar array and the application complies with the standards set forth in § 235-14.4E, Surface Water Overlay District.
E.
Compliance with the State Environmental Quality Review Act. The Planning
Board shall comply with the provisions of the State Environmental
Quality Review Act ("SEQRA") as set forth in Article 8 of the Environmental
Conservation Law and implemented in SEQRA's governing regulations.
An application for approval of a large-scale solar energy system shall
constitute a Type 1 action under SEQRA.
