Blooming Grove City Zoning Code
ARTICLE X
Solar Energy Systems
§ 235-46 Legislative intent.
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.
§ 235-47 Definitions.
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.
§ 235-48 Applicability.
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.
§ 235-49 General permit, inspection and operating requirements.
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.
§ 235-50 Small-scale solar energy systems.
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.
§ 235-51 Large-scale solar energy systems.
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.