[Amended 2-13-2020 by L.L. No. 3-2020, effective 2-28-2020]
A.
The purpose of this article is to provide a sustainable quality of
life and put forth regulations to facilitate the development and operation
of renewable energy systems within the Town of Brookhaven in all zoning
districts, making careful and effective use of available natural resources
to maintain and enhance this quality of life.
B.
As part of this article, it is in the public interest to encourage
renewable energy systems that have a positive impact in energy conservation,
with limited adverse impact on the community. While the Town of Brookhaven
strongly encourages increased energy conservation and improved energy
efficiency, the Town also finds that increased use of appropriate
renewable energy systems will be an important part of improving sustainability.
C.
These renewable energy regulations are intended to supplement existing
zoning ordinances and land use practices, and ensure these systems
are appropriately designed, sited and installed. These regulations
are in place to balance the need to improve energy sustainability
through increased use of renewable energy systems with concerns for
preservation of public health, welfare, and safety, as well as environmental
quality, visual and aesthetic values, and existing neighborhood social
and ecological stability. Further, the intent is to minimize any adverse
impacts on the character of the neighborhoods, property values, scenic,
historic, and environmental resources of the Town.
WECS shall be permitted, installed, and erected within the Town
pursuant to a building permit so long as they meet the provisions
of this article and all applicable sections of the Town Code. Further,
no building permit shall be issued to construct a WECS until all other
applicable permits have been secured. WECS shall be permitted only
as customary accessory uses.
A.
WECS shall be constructed pursuant to a building permit so long as the WECS meets the criteria set forth in § 85-802, subject to obtaining all other necessary approvals. However, no WECS shall be located in the areas listed in Subsection B below unless a special permit is granted by the Town Board. Said uses shall be subject to the criteria as set forth in Article VI, § 85-68.
All permit applications shall be submitted to the Building Division
on forms it provides and shall comply with all the requirements therein,
including but not limited to the following:
A.
Application for permit. All permit applications shall be submitted
to the Building Division on forms it provides and shall comply with
all the requirements therein and shall include the following items,
which may be satisfied by documentation supplied by the manufacturer:
(1)
Demonstrate compliance with applicable site plan requirements.
(2)
A plot plan on an approved property survey no greater than a scale
of one inch equals 40 feet depicting the limits of the setback zone
distance from structures, property lines, public roads and projected
noise level decibels (DBA) from the small wind energy system to adjacent
property lines.
(3)
Certification by the installer that the WECS complies with all applicable
FAA regulations and all applicable state and/or local building codes.
(4)
A one-line diagram of the electrical components on the plot plan
in sufficient detail to allow for a determination that the manner
of installation conforms to the National Electric Code, Electric Code
of the Town of Brookhaven and the New York State Uniform Fire Prevention
and Building Code.
(5)
Standard drawings of the wind turbine structures, including the tower,
base, and footings.
(6)
An engineering analysis of the tower showing compliance with the
New York State Uniform Building Code and certified by a licensed professional
engineer.
(7)
Soil studies. Soil studies shall be required for WECS having turbine
installations greater than 20 kw or those to be located on nonstandard
soil conditions such as gravel, sand, muck, dune, beach, or dredge
spoil. No soil studies shall be required for all other WECS, provided
the manufacturer thereof submits a certification stating that the
WECS and its foundation are suitable for installation in the soil
at the proposed location.
(8)
Certification by the manufacturer indicating that noise measurements are accurate and comply with Chapter 50, Noise Control, as measured from the property line nearest the WECS. The sound emanating from the WECS shall not exceed such levels, except during utility outages, severe wind storms or other short-term events beyond the control of the owner of the WECS. In the alternative, a certificate may be submitted from a professional acoustical engineer indicating same.
(9)
Utility notification. No WECS to be connected to the local utilities'
grid system or otherwise using externally provided electrical power
shall be installed until written notice thereof is given to such provider.
Off-grid systems shall be exempt from this requirement.
B.
Overspeed controls. All WECS shall be equipped with manual and automatic
overspeed controls, whose design and fabrication, together with the
design and fabrication of its rotors, shall conform to good engineering
practices as certified by its manufacturer.
C.
Conduits. All new conduits as required for the WECS that can be located
underground shall be installed underground.
D.
Signs or other appurtenances. Except for equipment needed to operate,
maintain, monitor and secure the system, no signs, television, radio,
cell phone or other antennas, advertising materials or any other appurtenances
shall be placed, painted on or affixed to the WECS. No brand names,
logo or advertising shall be placed or painted on the tower, rotor,
generator or tail vane where it would be visible from the ground,
except that a system's or tower's manufacturer's logo may be displayed
on a system generator housing in an unobtrusive manner. At least one
sign shall be posted on the tower at a height of five feet warning
of potential electrical shock or high voltage and potential harm from
revolving machinery.
E.
Guy wires. If guy wires are used, the point of ground attachment
for the guy wires shall be sheathed in bright orange or yellow covering
from three feet to eight feet above ground. Anchor points for any
guy wires shall be located at least 20 feet inside any property line
that the system is located on and not on or across any aboveground
electric transmission or distribution lines.
F.
Clearances; tower height. The minimum distance between the ground
and any part of the rotor blade or any other moving part of a ground-mounted,
horizontal-axis WECS shall be 30 feet. No climbing pegs or similar
means of access to such moving parts shall be less than 15 feet from
the ground. A locked anticlimb device shall be installed on the tower,
or other means of access control.
G.
All on-site electrical wires associated with the system shall be
installed underground except for "tie-ins" to a public utility company
and public utility company transmission poles, towers and lines.
H.
Design standards.
(1)
Color. To the maximum extent feasible, consistent with all applicable
FAA safety regulations and in compliance with all the other requirements
in this article, the WECS shall be designed and located so as to blend
with the existing surroundings of its site, using compatible colors,
materials and topography, vegetation and other natural screening features
at the site. Specifically, the WECS's tower blades and any other parts
visible apart from its site, if painted, shall be painted in a nonreflective
unobtrusive color, which reduces the visual impacts when such parts
extend above the height of vegetation and which blends the system
and its components into the surrounding landscape to the greatest
extent possible.
(2)
Modifications. Excluding services and preventative maintenance, no
alterations, additions, modifications, substitutions or deletions
shall be made to such WECS without a permit from the Building Division.
(3)
Lighting. No exterior lighting shall be permitted on or about the
WECS except as specifically required by the FAA.
I.
Setbacks. All WECS shall be set back from any adjoining property
line or public road a distance at least equal to 100% of the WECS'
total height, and in no event shall it be located in the front or
side yards.
The following minimum requirements must be met when proposing
to install a WECS in residential zoning districts. If all such provisions
are met, the WECS is considered a permitted customary accessory structure
to a permitted principal use.
A.
Tier I criteria for building permit.
B.
Tier II criteria for building permit.
C.
Tier III criteria for building permit.
(1)
Minimum lot area of 84,000 square feet.
(2)
Proposes no more than one ground-mounted tower per 84,000 square
feet of property, with a WECS total height of less than 120 feet.
(3)
Multiple turbines must be separated by a distance of at least 300
feet from the center of the tower at the foundation.
D.
Tier IV criteria for building permit.
(1)
Minimum lot area of 200,000 square feet.
(2)
Proposes no more than one ground-mounted tower per 200,000 square
feet of property, with a WECS total height of less than 160 feet.
(3)
Multiple turbines must be separated by a distance of at least 300
feet from the center of the tower at the foundation.
The following minimum requirements must be met when proposing
to construct/install a WECS in an industrial/commercial zoning district.
If all such provisions are met, the WECS is considered a permitted
customary accessory structure to a permitted principal use.
A.
Tier I criteria for building permit.
B.
Tier II criteria for building permit.
C.
Tier III criteria for building permit.
(1)
Minimum lot area of 84,000 square feet.
(2)
Proposes no more than one ground-mounted tower per 84,000 square
feet of property, with a WECS total height of less than 160 feet.
(3)
Multiple turbines must be separated by a distance of at least 300
feet from the center of the tower at the foundation.
D.
Tier IV criteria for building permit.
(1)
Minimum lot area of 200,000 square feet.
(2)
Proposes no more than one ground-mounted tower per 200,000 square
feet of property, with a WECS total height of less than 160 feet.
(3)
Multiple turbines must be separated by a distance of at least 300
feet from the center of the tower at the foundation.
Consistent with the general requirements set forth in § 85-802, WECS are permitted on parcels used for agricultural production as structures customarily accessory and incidental to agricultural production as the same is or shall hereafter be defined in § 301 of the New York State Agriculture and Markets Law, in accordance with the aforementioned procedures.
A.
Regulatory compliance. To ensure the structural integrity of the
WECS, the owner of a WECS shall maintain it in compliance with standards
contained in applicable state and/or local building codes (to include
hurricane and tornado building standards). If, upon inspection, the
Town concludes that a WECS fails to comply with such codes and standards
and constitutes a danger to persons or property, then upon notice
being provided to the owner of the WECS, the owner shall have 30 days
to bring such WECS into compliance with such standards. Failure to
bring such WECS into compliance within said 30 days shall constitute
grounds for removal of the WECS at the owner's expense.
B.
In addition to any remedies provided in Chapter 50, Noise Control, if maximum decibel readings are exceeded, the violation shall be corrected within 90 days from the date of notification or the WECS shall be removed and/or relocated by the Town of Brookhaven at the owner's expense.
C.
The applicant and/or owner shall maintain the WECS in good condition.
D.
The Chief Building Inspector and/or his/her designee shall have the
right at any reasonable time to enter, in the company of the owner
or his agent, the premises on which a wind energy conversion system
has been constructed to inspect all parts of said wind energy conversion
system installation and require that repairs or alterations be made
if, in his judgment, there exists a deficiency in the operation or
in the structural stability of the system. If necessary, the Chief
Building Inspector and/or his/her designee may order the system secured
or otherwise cease its operation. It shall not be required that the
owner or his agent be present in the event of an emergency situation
involving danger to life, limb or property. The owner shall have 30
days to bring such WECS into compliance with such standards, and failure
to do so shall constitute grounds for removal of the wind conversion
system at the owner's expense.
WECS that are not used for 12 successive months shall be deemed
abandoned and shall be dismantled and removed from the property at
the expense of the property owner. WECS that are not removed within
the time frames described herein may be removed by the Town or a contractor
designated by the Town, and the owner shall reimburse the Town for
its costs in removing the WECS. Failure to abide by and faithfully
comply with this section or with any and all conditions that may be
attached to the granting of any building permit shall constitute grounds
for the revocation of the permit by the Building Division.
[Amended 5-21-2015 by L.L. No. 10-2015, effective 6-2-2015]
A.
Definitions.
(1)
A "closed loop system" uses buried high-density polyethylene (HDPE)
plastic piping installed in drilled and grouted boreholes that conductively
exchanges thermal (heat) energy with the ground via circulating water
or a water/antifreeze mixture through the piping system.
(2)
An "open loop system" is a series of standard water wells that extract
and use groundwater directly as a heat-exchange source then return
the heated or cooled groundwater back to the aquifer.
(3)
A "direct exchange system" uses buried copper tubing that conductively
exchanges heat energy with the ground via circulating a refrigerant
through the tubing.
B.
There are several types of geothermal systems, also known as "ground
source heating pumps," typically used on Long Island for space heating
and cooling. They include closed loop, open loop, and direct exchange
systems and are distinguished by the type of ground heat exchange
(GHX) installed in the earth for heat transfer.
C.
The closed loop and direct exchange (DX) GHXs may be installed vertically
in drilled boreholes or horizontally in excavated trenches then backfilled.
The open loop systems are installed only in vertical drilled boreholes.
D.
When geothermal systems are proposed in conjunction with applications
for the approval of sewage disposal and water supply facilities at
a particular project site, the installation is also subject to guidelines
issued by Suffolk County Department of Health Services (SCDHS) regarding
the installation of geothermal wells.
E.
Geothermal energy systems shall be permitted, installed, and erected
within the Town pursuant to a building permit so long as they meet
the provisions of this article and all applicable sections of the
Town Code. Further, no building permit shall be issued to construct
a geothermal energy system until all other applicable permits have
been secured. Geothermal energy systems shall be permitted only as
customary accessory uses.
[Amended 5-21-2015 by L.L. No. 10-2015, effective 6-2-2015]
A.
Geothermal energy systems shall be constructed pursuant to a building permit so long as the geothermal energy system meets the criteria set forth in § 85-810, subject to obtaining all other necessary approvals.
B.
Permitted geothermal systems eligible to receive a building permit are those that (1) are of a system listed in § 85-808A, (2) comply with the applicable general requirements in § 85-810 and (3) satisfy the following basic criteria:
(1)
An open loop system using standard water well(s) to both extract
and return groundwater from/to the same aquifer and with well screens
set within 50 vertical feet of one another.
(2)
An open loop system that is not connected to a potable water system.
(3)
An open loop system where the depth to groundwater is at least 20
feet below the surface.
(4)
A vertical closed loop system using standard HDPE "U-bends" installed
into drilled boreholes and grouted fully from bottom to top per industry
standards.
(5)
A horizontal closed loop system using standard HDPE pipe installed
into horizontal trenches and backfilled per industry standards.
(6)
A DX-to-earth contact system including either horizontal, diagonal
or vertical loops and DX-to-water system including vertical loops.
(7)
Is not proposed to be located within the following areas of potential
sensitivity:
(a)
One-hundred-year flood hazard zones considered a V or AE Zone
on the FEMA flood maps.
(b)
Tidal or freshwater wetland or within 100 feet landward of the
aforementioned.
(c)
Regulated tidal or freshwater surface water body.
(d)
Coastal erosion hazard areas.
(e)
Historic and/or culturally significant resources, in an historic
district, or historic district transition zone.
(f)
Within identified wellhead protection areas.
C.
Other geothermal systems that are not eligible for a building permit under the requirements of Subsection B(2), including those within areas of potential sensivity, listed in Subsection B(7) of this section, may be allowed if a special permit is granted by the Town Board, subject to the criteria set forth in Article VI, § 85-68, and contingent on obtaining such required permits or approvals from other regulatory agencies, such as the New York State Department of Environmental Protection Agency (USEPA).
[Amended 5-21-2015 by L.L. No. 10-2015, effective 6-2-2015]
All permit applications shall be submitted to the Building Division
on forms it provides and shall comply with all the requirements therein,
including but not limited to the following:
A.
Application for permit. Permit applications shall include, but not
be limited to, the following items which may be satisfied by documentation
supplied by the design engineer, installer or equipment manufacturer
as applicable:
(1)
Demonstrate compliance with applicable site plan requirements.
(2)
A plot plan on an approved property survey no greater than a scale
of one inch equals 40 feet depicting the limits of the setback zone
distance from structures, property lines and public roads.
(3)
Certification by the design engineer and/or installer that the geothermal
system complies with all applicable regulations and all applicable
state and/or local building codes.
(4)
Subsequent to installation and on or before final inspection, certification by the design engineer and/or installer that the geothermal system was installed as designed and that the design and installation complies with the relevant industry standards and guidelines outlined below in Subsection B of this section, including but not limited to Air Conditioning Contractors of America (ACCA) Manual J heat pump unit sizing for residential systems, ACCCA Manual N or comparable load calculation techniques for commercial systems, and manufacturer-specified closed loop and DX field design guidelines.
(5)
A one-line diagram of the electrical components on the plan in sufficient
detail to allow for a determination that the manner of installation
conforms to the National Electric Code, Electric Code of the Town
of Brookhaven and the New York State Uniform Fire Prevention and Building
Code.
(6)
An engineering analysis of the geothermal energy systems showing
compliance with the New York State Uniform Fire Prevention and Building
Code and certified by a licensed professional engineer.
(7)
Soil studies. Soil studies shall be required for geothermal energy
systems having installations to be located on nonstandard soil conditions
such as gravel, sand, muck, dune, beach, or dredge spoil. No soil
studies shall be required for all other geothermal energy systems,
provided the manufacturer thereof submits a certification stating
that the geothermal energy system and its foundation are suitable
for installation in the soil at the proposed location.
B.
Design standards and guidelines.
(1)
The design and installation standards of geothermal systems, including
related wells and boreholes for the GHX, shall conform to applicable
industry standards, including, but not limited to, those listed below
by type of system, and shall comply with the Brookhaven Town Code:
(a)
All systems: the American National Standards Institute (ANSI),
the International Ground Source Heat Pump Association (IGSHPA), the
American Society for Testing and Materials (ASTM), the American Society
of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE),
the Air-Conditioning and Refrigeration Institute (ARI), ACCA, Refrigeration
Section of the International Building Code, and other similar certifying
organizations. The manufacturer specifications shall be submitted
as part of the application.
[1]
The individual piping loops and circuits, and fully constructed
piping network for all geo thermal systems shall be pressure tested
for integrity of original material and joints prior to backfill in
accordance with the manufacturer's instructions and the governing
standards or guidelines.
[2]
Materials used to backfill horizontal GHXs and the buried, horizontal
piping for vertical GHXs shall be suitable granular soil and shall
be free from frozen lumps, ashes, refuse, vegetable or organic matter,
rocks, or boulders over 150 mm (six inches) in any dimension, or other
materials that may damage the piping. The backfilled excavations shall
be compacted in accordance with industry standard practice and governing
guidelines and regulations.
(b)
Open loop systems: the National Ground Water Association (NGWA)
and the American Water Works Association (AWWA).
(c)
Closed loop systems: the International Ground Source Heat Pump
Association (IGSHPA) and the NGWA.
(d)
Direct exchange (DX) systems: the Canadian Standards Association
(CSA), the National Association of Corrosion Engineers (NACE), the
American Society of Mechanical Engineers (ASME) and in accordance
with manufacturer's guidelines, methods and standards.
(2)
For closed-loop systems, the following specifically apply:
(a)
Closed loop borefield installers must be trained and accredited
by IGSHPA and certified by the piping manufacturer in polyethylene
pipe heat-fusion or electro-fuse welding techniques, whichever is
used.
(b)
Closed loop borefields that will supply greater than 50 tons
of heating/cooling capacity must be designed by an IGSHPA certified
geothermal designer in good standing with the IGSHPA.
(c)
If antifreeze solutions are used as a circulating fluid in the
buried ground heat exchanger, only antifreeze recommended by IGSHPA
such as methanol, ethanol and food-grade propylene glycol shall be
permitted.
(d)
The borehole annulus (space between the borehole wall and the
piping) shall be filled and sealed through its entire depth with a
high-solids bentonite clay grout (at least twenty-percent solids by
weight), from the bottom of the borehole to the top using the tremie
method of grouting.
(e)
Where grouting material extends through zones of salt water,
a salt-water-resistant grout material shall be used.
(f)
All horizontal closed-loop systems shall be no more than 20
feet deep.
(3)
For open horizontal loop systems, the following specifically apply:
(a)
Open loop system contractors must be registered with the NYSDEC
for drilling and installing wells and installing and start-up of submersible
pumps and a copy of a NYSDEC well completion report must be submitted
after the installation of the wells.
(b)
Well drilling contractors must notify the Suffolk County Water
Authority (SCWA) of the location of wells installed as part of an
open loop geothermal system.
(c)
Open loop systems with rated pumping capacity of greater than
45 gallons per minute (gpm), or systems of lesser capacity proposed
on a site with existing water supply wells and for which the combined
pumping capacity of proposed on a site with existing water supply
wells and for which the combined pumping capacity of proposed and
existing wells exceeds 45 gpm, must obtain a Long Island well permit
from the NYSDEC Division of Water.
(d)
Open loop systems with a rated pumping capacity of greater than
45 gpm shall employ use of a plate-frame or shell-in-tube heat exchanger
(HX) installed between the well piping and building hydronic loop
to prevent cross-contamination of the return water by refrigerant,
biocides, or corrosion inhibitors.
(e)
Heat pump coils and HS material of construction for open loop
systems must be compatible with the groundwater chemistry per manufacturer's
limits.
(f)
Water extraction.
[1]
Open loop systems may utilize a waterway to the extent permissible
under federal, state or local municipal laws or regulations.
[2]
Installation requirements for open loop wells shall be the same
as those for potable water wells with respect to the means to prevent
aquifer contamination (grouting, etc.), or in conformance with standards,
regulations, or guidelines established by the Town Engineer, NYSDEC,
NGWA, and AWWA.
[3]
Any water table drawdown caused by an extraction well or wells
shall not cause harm to the environment or otherwise impact the use
of existing water supply wells on neighboring properties.
(g)
Discharge of water.
[1]
Discharge of water from open loop systems into storm or sanitary
sewer systems shall be prohibited, except upon written approval of
the SCDHS, NYSDEC, or other authority having jurisdiction.
[2]
Discharge of water from open loop systems into a waterway or
tidal or freshwater wetland is not allowed unless approved by applicable
federal, state and local authorities.
[3]
Underground injection of water discharge from an open loop system
shall be subject to the following conditions:
[a]
Returned water shall contain no treatment or additives
or other introduced chemicals.
[b]
The return well shall recharge the same aquifer
from which the supply water is extracted and recharge shall occur
within 50 vertical feet of the supply well screen.
[c]
The return well shall discharge the water below
the water table depth to prevent aeration of the return water which
can lead to precipitation of iron or other minerals and premature
plugging of the well screens.
[d]
The return well shall be located a minimum distance
of 200 feet from wells on adjacent properties.
[e]
The return well shall be located a minimum distance
of 100 feet from the on-site well.
[f]
The return well shall recharge the groundwater
from which supply water is extracted.
(h)
Return water practices shall not cause erosion, harm to the
environment or flooding at the surface or other nuisance conditions
on neighboring properties.
(i)
Geothermal systems shall not encroach on public drainage, utility
roadway or trail easements of any nature.
(j)
The use of open loop systems within identified wellhead protection
areas is prohibited.
(4)
For DX systems, the following apply:
(a)
DX system contractors shall demonstrate that they have successfully
completed a DX system installers training course and are certified
by an applicable equipment and material manufacturer to install DX
systems.
(b)
Piping and tubing shall be of a material equivalent to or better
than Type Air Conditioning Refrigeration (ACR) piping, tubing and
associated fittings in accordance with the appropriate ASTM standard
and ASME standard.
(c)
Below-grade joints shall be purged with inert gas and brazed
in accordance with American Welding Society (AWS) standards. Piping
tubing and fittings shall be installed in accordance with CSA standards.
(d)
DX system contractors shall perform joining of all refrigerant
connections per CSA standards.
(e)
All underground Type ACR piping and tubing shall have a cathodic
protection system which shall be designed and installed in accordance
with the appropriate CSA standards and local site-specific conditions.
(f)
For vertical DX boreholes that are drilled into saturated aquifer
materials (below the water table), the borehole annulus shall be filled
and sealed through its entire depth with a geothermal grout from the
bottom of the borehole to the top using the tremie method of grouting
per CSA standards.
C.
As-built drawing. Upon completion of construction, a scaled as-built
drawing must be provided showing the locations of buried wells, closed
loops, DX boreholes and horizontal connector piping, triangulated
from two points on the property such as a building corner or other
permanent structure. Offsets must also be shown from the nearest property
line, and on-site septic systems and private water wells.
D.
Setbacks.
(1)
All horizontal closed-loop systems shall be no more than 20 feet
deep.
(2)
Unless otherwise specified, geothermal systems shall be located a
minimum distance of 25 feet from any property line.
(3)
Aboveground equipment associated with geothermal pumps shall not
be installed in the front yard of any lot or the side yard of a corner
lot adjacent to a public right-of-way and shall meet all required
setbacks for the applicable zoning district.
(4)
All geothermal systems shall be located a minimum distance of:
(a)
Ten feet from any water, sewage or utility line.
(b)
Ten feet from any building foundation.
(c)
Twenty-five feet from any potential source of contamination,
such as underground fuel tanks, except a supply well in an open loop
system shall be a minimum of 50 feet from such potential source of
contamination.
(d)
Fifty feet from any storm water recharge structure.
(e)
Fifty feet from any sewage disposal structure, such as a septic
tank or cesspool or leaching field, except a supply well in an open
loop system shall be a minimum of 75 feet from such sewage disposal
structure.
(f)
All setbacks or separation distances shall be verified by a
qualified water supply engineer or hydrogeologist in order to protect
against thermal impacts, water level drawdowns and groundwater impacts
or structures.
[Amended 5-21-2015 by L.L. No. 10-2015, effective 6-2-2015]
A.
If the geothermal system remains nonfunctional or inoperative for
a continuous period of one year, the system shall be deemed to be
abandoned and shall constitute a public nuisance. The owner shall
remove the abandoned system at his/her expense in accordance with
the below after obtaining a demolition permit.
B.
Closed loop piping systems shall be decommissioned by flushing and
filling the piping with potable water and capping off the ends. If
the heat transfer fluid contains regulated materials (e.g., antifreeze,
biocides or corrosion inhibitors), the heat transfer fluid shall be
contained and disposed of in accordance with applicable regulations.
C.
Open loop wells shall be decommissioned per NYSDEC requirements.
D.
The heat pump and any external mechanical equipment shall be removed.
E.
Pipes or coils below the land surface shall be filled with grout
to displace the heat transfer fluid. The heat transfer fluid shall
be captured and disposed of in accordance with applicable regulations.
The top of the pipe, coil or boring shall be uncovered and grouted.
F.
Water body geothermal systems shall be completely removed from the
bottom of the body of water.
[Amended 8-6-2015 by L.L.
No. 15-2015, effective 8-11-2015; 10-27-2016 by L.L. No. 23-2016, effective 11-7-2016]
A.
Purpose.
(1)
It is important to provide renewable energy facilities. It is equally
important to protect our natural resources by providing standards
for solar energy production facilities on those lands that have been
previously cleared and/or disturbed.
(2)
It is altogether reasonable that the Town Board makes adequate provisions
for these facilities, and it is imperative that such facilities do
not adversely affect surrounding and nearby properties.
[Amended 8-6-2015 by L.L.
No. 15-2015, effective 8-11-2015; 6-30-2016 by L.L. No.
15-2016, effective 7-13-2016; 10-27-2016 by L.L.
No. 23-2016, effective 11-7-2016; 5-24-2018 by L.L. No.
10-2018, effective 5-29-2018; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
A.
Permitted locations.
(1)
A solar energy production facility may be permitted as a principal use or accessory use in any L Industrial 1, L Industrial 2, J Business 2, J Business 5 and J Business 4 District when authorized by special permit from the Board of Appeals subject to the requirements of §§ 85-813B and 85-57 of this chapter. Nothing herein shall supersede or limit any other code section contained within this chapter that may pertain to solar energy production facilities. No solar energy production facility shall be located in the areas listed in Subsection A(2) below unless a special permit is granted by the Town Board. Said uses shall be subject to the criteria as set forth in Article VI, § 85-68.
(2)
Areas of potential sensitivity:
(a)
One-hundred-year flood hazard zones considered a V or AE Zone
on the FEMA Flood Maps.
(b)
Historic and/or culturally significant resources, in an historic
district, or historic district transition zone.
(c)
Within 100 feet landward of a tidal or freshwater wetlands.
(d)
Adjacent to, or within, the control zone of any airport, subject
to approval by the Federal Aviation Administration.
(e)
Within the Manorville Farm Protection Area or Eastport Farm
Protection Area.
B.
Special permit criteria. A solar energy production facility as a
principal use shall comply with all the special permit requirements
herein, including but not limited to the following:
(1)
Minimum lot area. The minimum lot area for a solar energy production
facility shall be five acres.
(2)
Height restrictions. The maximum height for freestanding solar panels
located on the ground or attached to a framework located on the ground
shall not exceed 20 feet in height above the ground.
(3)
Buffer and setback restrictions.
(a)
A minimum twenty-five-foot perimeter buffer, consisting of natural
and undisturbed vegetation, supplemented with evergreen plantings
in accordance with Town standards, as needed, shall be provided around
all mechanical equipment and solar panel arrays to provide screening
from adjacent residential properties and Town, county and state roads.
(b)
A minimum setback for a solar energy production facility and
equipment used in conjunction with the solar energy production facility
shall be located at least 100 feet from any residential dwelling or
zone.
(4)
Design standards.
(a)
Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2016. No additional clearing shall be permitted except as provided in Subsection B(4)(b) below.
(b)
The removal of shrubs, underbrush and trees under three inches
in diameter shall be permitted and shall not be deemed clearing.
(c)
To reduce erosion, runoff of stormwater, and to provide suitable
habitat to native reptiles, amphibians, small mammals, birds, and
insects, including those that play an important role in pollination,
ground cover under, between, and adjacent to the rows of solar panels
shall be required and shall consist of low-maintenance, native, non-fertilizer-dependent
grasses and wildflowers.
(d)
Roadways within the site shall not be constructed of impervious
materials and shall be designed to minimize the extent of roadways
constructed and soil compaction.
(e)
All on-site utility and transmission lines shall, to the extent
feasible, be placed underground.
(f)
All solar energy production facilities shall be designed and
located in order to prevent reflective glare toward any inhabited
buildings on adjacent properties as well as adjacent street rights-of-way.
(g)
All mechanical equipment of a principal solar energy production
facility, including any structure for batteries or storage cells,
shall be completely enclosed by a minimum eight-foot-high anchored
mini-mesh chain-link fence with two-foot tip out and a self-locking
gate. Said fence shall contain five-inch-high by sixteen-inch-wide
grade-level cutouts every 75 feet to permit small animals to move
freely into and out of the site. Landscape screening shall be provided
in accordance with the landscaping provisions of this chapter.
(h)
A solar energy production facility connected to the utility
grid shall provide a "proof of concept letter" from the local utility
company acknowledging the solar energy production facility will be
interconnected to the utility grid in order to sell electricity to
the public utility entity.
(i)
All debris and materials generated by site construction shall
be removed from the site.
(j)
All lighting shall conform to the Town's exterior lighting standards.
(k)
Fire access roads and access for fire apparatus equipment shall
be provided, as approved by the Town Fire Marshal.
(l)
All stormwater and drainage shall be contained on site in accordance
with the Town's green landscaping and design standards.
(5)
Signs. A sign not to exceed 2.25 square feet shall be attached to
a fence adjacent to the main access gate and shall list the facility
name, owner and phone number. A clearly visible warning sign concerning
voltage must be placed at the base of all pad-mounted transformers
and substations.
C.
Solar energy collection systems. A solar collection system may be permitted as an accessory use in all commercial, J Business, J Business 2, J Business 4, J Business 5, J Business 6, L Industrial 1, L Industrial 2, MF, PRC, PRCHC and NH-H Districts. All applications shall be subject to § 85-113M and shall comply with all the requirements. The following may be permitted:
D.
Incentives. The Board of Appeals is authorized to grant the following
incentives, provided that the applicant can demonstrate compliance
with the following:
(1)
FAR incentive. Solar collection systems as an accessory use in commercial
and industrial zones may increase the maximum permitted FAR by 20%
by the Board of Appeals. The applicant shall demonstrate that the
increase in welfare, comfort, convenience or order of the use of the
property, adjacent properties or the Town will not be adversely affected.
(2)
Required parking reduction incentive. Solar collection system as
an accessory use in commercial and industrial zones may reduce minimum
required off- and on-street parking requirements by a maximum of 20%,
provided that the applicant can demonstrate that adequate and safe
parking will still be provided and that the site is a minimum of three
acres.
E.
Abandonment. All applications for a solar energy production facility
shall be accompanied by a decommissioning plan to be implemented upon
abandonment, or cessation of activity, or in conjunction with removal
of the solar energy production facility or structure. Prior to issuance
of a building permit, the owner or operator of the facility or structure
shall post a performance bond or other suitable guarantee in a face
amount of not less than 150% of the estimated cost to ensure removal
of the facility or structure in accordance with the decommissioning
plan described below. The form of the guarantee must be reviewed and
approved by the Town Attorney, and the guarantee must remain in effect
until the system is removed. Prior to removal of a solar energy production
facility or structure, a demolition permit for removal activities
shall be obtained from the Town of Brookhaven.
(1)
If the applicant ceases operation of the solar energy production
facility or structure for a period of 12 months, or begins but does
not complete construction of the project within 12 months after receiving
final site plan approval, the applicant will submit a decommissioning
plan that ensures that the site will be restored to a useful, nonhazardous
condition without delay, including but not limited to the following:
(a)
Removal of aboveground and below-ground equipment, structures
and foundations.
(b)
Restoration of the surface grade and soil after removal of equipment.
(c)
Revegetation of restored soil areas with native seed mixes,
excluding any invasive species.
(d)
The plan shall include a time frame for the completion of site
restoration work.
(2)
In the event that construction of the solar energy production facility
or structure has been started but is not completed and functioning
within 18 months of the issuance of the final site plan, the Town
may notify the operator and/or the owner to complete construction
and installation of the facility within 180 days. If the owner and/or
operator fails to perform, the Town may notify the owner and/or operator
to implement the decommissioning plan. The decommissioning plan must
be completed within 180 days of notification by the Town.
(3)
Upon cessation of activity of a fully constructed solar energy production
facility or structure for a period of one year, the Town may notify
the owner and/or operator of the facility to implement the decommissioning
plan. Within 180 days of notice being served, the owner and/or operator
can either restore operation equal to 80% of approved capacity or
implement the decommissioning plan.
(4)
If the owner and/or operator fails to fully implement the decommissioning
plan within the 180-day time period and restore the site as required,
the Town may, at its own expense, provide for the restoration of the
site in accordance with the decommissioning plan and may, in accordance
with the law, recover all expenses incurred for such activities from
the defaulted owner and/or operator. The cost incurred by the Town
shall be assessed against the property, shall become a lien and tax
upon said property, shall be added to and become a part of the taxes
to be levied and assessed thereon, and enforced and collected with
interest by the same officer and in the same manner as other taxes.
F.
Conflicts. In the event a conflict exists between the provisions
herein and any other section of this chapter, the provisions of this
section prevail.
[Added 2-13-2020 by L.L. No. 3-2020, effective 2-28-2020]
Battery energy storage systems shall be classified as follows:
A.
Tier 1 systems.
|
Battery Technology
|
Tier 1 Aggregate Capacity
(kWh)
|
|---|---|
|
Flow batteries
|
20 to 599
|
|
Lead acid, all types
|
70 to 599
|
|
Lithium, all types
|
20 to 599
|
|
Nickel cadmium (Ni-Cd)
|
70 to 599
|
|
Sodium, all types
|
20 to 599
|
|
Other battery technologies
|
10 to 599
|
B.
Tier 2 systems shall include any system with an aggregate capacity
greater than or equal to 600 kWh.
[Added 2-13-2020 by L.L. No. 3-2020, effective 2-28-2020;
amended 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
A.
A Tier 1 battery energy storage system may be permitted as a principal
use in any J Business 2 and J Business 5 District when authorized
by special permit from the Board of Appeals subject to the requirements
of this chapter.
B.
A Tier 1 or Tier 2 battery energy storage system may be permitted
as a principal use in any L Industrial 1, L Industrial 2, and L Industrial
4 District.
C.
Special permit criteria. The following special permit criteria are
applicable to battery energy storage systems located in J Business
2 and J Business 5:
(1)
The minimum lot area shall be 40,000 square feet.
(2)
The minimum required width of road frontage shall be 100 feet.
(3)
The minimum required front yard setback shall be 50 feet.
(4)
The minimum required side yard setback shall be 25 feet, except as
otherwise provided herein.
(5)
The minimum required rear yard setback shall be 25 feet, except as
otherwise provided herein.
(6)
The maximum permitted FAR shall be 35%.
(7)
The maximum permitted height for all structures shall be 35 feet.
(8)
The minimum side yard and/or rear yard setback shall be 50 feet when
adjacent to property zoned or used for residential.
(9)
The minimum perimeter buffer area shall be 25 feet, consisting of
natural and undisturbed vegetation, supplemented with evergreen plantings
in accordance with Town standards.
D.
Dimensional criteria. The following dimensional criteria are applicable
to battery energy storage systems located in L Industrial 1, L Industrial
2, and L Industrial 4:
(1)
The minimum lot area shall be 40,000 square feet.
(2)
The minimum required width of road frontage shall be 100 feet.
(3)
The minimum required front yard setback shall be 50 feet.
(4)
The minimum required side yard setback shall be 10 feet; the minimum
side yard setback shall be 25 feet when adjacent to property zoned
or used for residential.
(5)
The minimum required rear yard setback shall be 50 feet.
(6)
The maximum permitted FAR shall be 35%.
(7)
The maximum permitted height for all structures shall be 50 feet.
[Added 2-13-2020 by L.L. No. 3-2020, effective 2-28-2020]
A.
Utility lines and electric circuitry. All on-site utility lines shall
be placed underground to the extent feasible, with the exception of
the main service connection at the utility company right-of-way and
any interconnection equipment, including poles.
B.
Signage.
(1)
Signage shall be in compliance with ANSI (American National Standards
Institute) Z535, and shall state the type of technology associated
with the battery storage system, any special hazards associated, the
type of suppression system installed, and the twenty-four-hour emergency
contact, including phone number.
(2)
Disconnect and other emergency shutoff information shall be clearly
displayed on a light reflective surface, and a clearly visible warning
sign concerning voltage shall be placed at the base of all pad-mounted
transformers and substations, subject to the requirements of NEC (National
Electric Code).
C.
Lighting. Lighting shall be limited to that minimally required for
safety, and operation, and shall comply with the exterior lighting
standards set forth in Town Code.
D.
Vegetation and clearing. All combustible vegetation and growth shall
be cleared from the area within 10 feet of the perimeter the battery
energy storage system and equipment. Removal of trees shall be minimized
to the extent possible.
F.
One-line electric diagram. A one-line electric diagram detailing
the battery energy storage system layout, associated components, and
electrical interconnection methods, with all NEC-compliant disconnects
and overcurrent devices, shall be required.
G.
Safety.
(1)
System certification. Battery energy storage systems and equipment
shall be listed by a nationally recognized testing laboratory to UL
9540 or CAN 9540 standards.
(2)
Battery energy storage systems and equipment shall have required
working space clearances, and electric circuitry shall be within the
weatherproof enclosures marked with the environmental rating suitable
for the type of exposure in compliance with NFPA (National Fire Protection
Association) 70.
H.
Decommissioning plan.
(1)
All applications for a battery energy storage system shall be accompanied
by a decommissioning plan to be implemented upon abandonment, or cessation
of activity, or in conjunction with removal of the battery energy
storage system or structure. Prior to issuance of a building permit,
the owner or operator of the facility or structure shall post a performance
bond or other suitable guarantee in a face amount of not less than
150% of the estimated cost, as determined by the Town Engineer, to
ensure removal of the system or structure in accordance with the decommissioning
plan described below. The form of the guarantee must be reviewed and
approved by the Town Engineer and Town Attorney, and the guarantee
must remain in effect until the system is removed. Review of the guarantee
by the Town Engineer and Town Attorney shall be paid from an escrow
established by the applicant. Prior to removal of a battery energy
storage system or structure, a demolition permit for removal activities
shall be obtained from the Town of Brookhaven.
(2)
The decommissioning plan shall ensure that the site will be restored
to a useful, nonhazardous condition without delay, with details including,
but not limited to, the following:
(a)
The manner in which the battery energy storage system will be
decommissioned;
(b)
Removal of aboveground and below ground equipment, structures
and foundations;
(c)
Restoration of the surface grade and soil after removal of equipment;
(d)
Revegetation of restored soil areas with native seed mixes,
excluding any invasive species;
(e)
The time frame for the completion of site restoration work.
[Added 2-13-2020 by L.L. No. 3-2020,[1] effective 2-28-2020]
A.
Commissioning. Commissioning shall be conducted by a New York State
licensed professional engineer or registered architect, after the
installation is complete but prior to a certificate of occupancy being
issued.
B.
Decommissioning.
(1)
In the event that construction of the battery energy storage system
or structure has been started but is not completed and functioning
within 18 months of the issuance of final site plan approval, the
Town may notify the operator and/or the owner to complete construction
and installation of the facility within 180 days. If the owner and/or
operator fails to perform, the Town may notify the owner and/or operator
to implement the decommissioning plan. The decommissioning plan must
be completed within 180 days of notification by the Town.
(2)
Upon cessation of operation of a fully constructed battery energy
storage system or structure for a period of one year, the Town may
notify the owner and/or operator of the facility to implement the
decommissioning plan. Within 180 days of notice being served, the
owner and/or operator can either restore operations, or implement
the decommissioning plan.
(3)
If the owner and/or operator fails to fully implement the decommissioning
plan within the 180-day time period and restore the site as required
by the decommissioning plan, the Town may default the performance
bond or guarantee, and utilize such funding to restore the site pursuant
the decommissioning plan. In the alternative, the Town may, at its
own expense, provide for the restoration of the site in accordance
with the decommissioning plan and may, in accordance with the law,
recover all expenses incurred for such activities from the defaulted
owner and/or operator. The cost incurred by the Town shall be assessed
against the property, shall become a lien and tax upon said property,
shall be added to and become a part of the taxes to be levied and
assessed thereon, and enforced and collected with interest by the
same officer and in the same manner as other taxes.
[Amended 8-6-2015 by L.L.
No. 15-2015, effective 8-11-2015; 10-27-2016 by L.L.
No. 23-2016, effective 11-7-2016]
[Amended 8-6-2015 by L.L.
No. 15-2015, effective 8-11-2015; 10-27-2016 by L.L.
No. 23-2016, effective 11-7-2016]
Should any provisions of this article be declared by the courts
to be unconstitutional or invalid, such decision shall not affect
the validity of this article as a whole or any part thereof other
than the part so decided to be unconstitutional or invalid.
