Clayton City Zoning Code
§ 235-9.1
Solar energy systems.
[Added 9-25-2019 by L.L. No. 2-2019]
The requirements of this chapter shall apply to all solar energy systems, including residential, commercial and multifamily installed or modified after the effective date of its adoption, excluding general maintenance and repair and building-integrated photovoltaic systems. All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code ("Building Code"), the NYS Energy Conservation Code ("Energy Code") and applicable Town of Clayton Code. Solar energy collectors shall be permitted only to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected, but nothing in this provision shall be construed to prohibit "collective solar" installations or the sale of excess power through a "net billing" or "net-metering" arrangement in accordance with New York Public Service Law section 66-j or similar state or federal statute.
A. ACCESSORY STRUCTURE ALTERNATIVE ENERGY SYSTEMS ALVAR ARRAY BUILDING INTEGRATED PHOTOVOLTAIC SYSTEM CHARACTER AREA COMMUNITY DISTRIBUTED SOLAR ENERGY SYSTEM FARMLAND OF STATEWIDE IMPORTANCE FLUSH-MOUNTED SOLAR PANEL GLARE GROUND-MOUNTED SOLAR ENERGY SYSTEM INTERCONNECTION KARST LARGE-SCALE SOLAR PHOTOVOLTAIC ENERGY SYSTEM LOT COVERAGE FOR SOLAR FACILITY NATIVE PERENNIAL VEGETATION NET METERING AGREEMENT PHOTOVOLTAIC (PV) SOLAR ENERGY SYSTEMS POLLINATOR PRIME FARMLAND PRINCIPAL USE QUALIFIED SOLAR INSTALLER ROOF-MOUNTED SOLAR ENERGY SYSTEM SMALL-SCALE SOLAR PHOTOVOLTAIC ENERGY SYSTEM SOLAR ACCESS SOLAR EASEMENT SOLAR ENERGY EQUIPMENT SOLAR ENERGY SYSTEM SOLAR PANEL SOLAR STORAGE BATTERY SOLAR-THERMAL SYSTEMS VIEW-SHED
Definitions.
A structure, the use of which is customarily incidental and subordinate to that of the principal building and is located on the same lot or premises as the principal building.
Structures, equipment, devices or construction techniques used for the production of heat, light, cooling, electricity or other forms of energy on site and may be attached to or separate from the principal structure.
A biological environment based on a limestone plain with thin or no soil and, as a result, produces sparse grassland vegetation with prairie-like plants.
Any number of electrically connected photovoltaic (PV) systems providing a single electrical output.
A combination of photovoltaic building components integrated into any building envelope system such as vertical facades, including glass and other facade material, semitransparent skylight systems, roofing materials and shading over windows.
A portion of a town or community with distinct features and characteristics that differ from neighboring areas.
A solar energy system consisting of all associated structures and infrastructures, including associated control or conversion electronics where the energy produced is used by a cooperative. It may consist of shared ownership, possibly with a developer, local farmers, businesses, schools, municipalities and/or residents to reduce their energy costs.
Land, designated as farmland of statewide importance in the U.S. Department of Agricultural Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey that is of statewide importance for the production of food, feed, fiber, forage and oilseed crops as determined by the appropriate state agency or agencies. Farmland of statewide importance may include tracts of land that have been designated for agriculture by state law.
Photovoltaic and solar thermal panels and support systems that are installed on the surface of a roof parallel to the roof surface and which cannot be angled or raised.
The effect by reflection of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.
A solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure for the primary purpose of producing electricity.
The technical and practical link between the solar photovoltaic energy system and the grid providing electricity to the community.
Landscape underlain by limestone which has been eroded by dissolution, producing ridges, towers, fissures, sinkholes and other characteristic landforms.
A solar photovoltaic energy system that is ground-mounted and produces energy 5 Mw and above primarily for the purpose of off-site sale or consumption.
The total horizontal dimension covered by all solar panels, equipment and structures associated with the project.
Native wildflowers, forbs and grasses that serve as habitat, forage and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation.
An agreement with a local electric utility company that allows customers to receive a credit for surplus electricity generated by certain renewable energy systems.
A solar energy system that produces electricity by use of semiconductor devices called photovoltaic cells that generate electricity whenever sun light strikes them.
Bees, birds, bats and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.
Land, designated as prime farmland in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber and oilseed crops and is also available for these land uses.
The primary or main use of premises, buildings or structures, as different from an accessory use, building or structure.
A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the related hazards. Persons listed as eligible photovoltaic installers on the New York State Energy Research and Development Authority (NYSERDA) or who 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 panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity for on-site or off-site consumption.
For the purpose of this section, the term small-scale solar refers to solar photovoltaic systems that produce from up to and including l0Kw 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.
Space open to the sun and clear of overhangs or shade including the orientation of streets lots and adjacent parcels to the sun so as to permit the use of active or passive solar energy systems on individual properties.
A required easement recorded pursuant to NY Real Property Law section 335-b, for the purpose of which is to secure the right to receive sunlight across real property of another for continued access to sunlight necessary to operate a solar collector.
Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.
An electrical generating system composed of a combination of both Solar Panels and Solar Energy Equipment.
A photovoltaic device capable of collecting and converting solar energy into electrical energy.
A device that stores energy from the sun and makes it available in an electrical form.
Solar thermal systems directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water and heating pool water.
A computer-generated map or model of the view of an area from specific vantage points. It includes all surrounding points that are in line-of-sight with that location and excludes points that are beyond the horizon or obstructed by terrain and other features. Conversely, it can also refer to an area from which an object can be seen.
B.
Applicability. The requirements of this section shall apply to all solar energy systems, including residential, commercial and multifamily installed or modified after the effective date of its adoption, excluding general maintenance and repair and building-integrated photovoltaic systems. All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code ("Building Code"), the NYS Energy Conservation Code ("Energy Code") and applicable Town of Clayton Code. Solar energy collectors shall be permitted only to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected, but nothing in this provision shall be construed to prohibit "collective solar" installations or the sale of excess power through a "net billing" or "net metering" arrangement in accordance with New York Public Service Law section 66-j or similar state or federal statute.
C.
Standards for small-scale solar systems as an accessory use,
(1)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems that use the energy on site or off site are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure. Prior to installation, a valid zoning permit shall be obtained through the Joint Town/Village of Clayton Code Enforcement Officer.
(b)
Roof-mounted solar energy systems require a building permit. All work shall be completed in accordance with the NYS Building and National Electric Code.
(c)
Height. Solar energy systems shall not exceed the maximum height restrictions for structures in the zoning district within which they are located and are provided the same height exemptions granted to building-mounted mechanical device or equipment. Such structures shall not obstruct solar access to neighboring properties. Respective height restrictions are the same for flat or pitched roofs.
(d)
Aesthetics. Roof-mounted solar energy system installations shall incorporate, when feasible, the following design requirements:
[1]
Panels 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 system.
[2]
Roof-mounted solar structures shall be color coordinated to harmonize with roof material and other colors of the structure.
[3]
Solar panels shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties, or roadways. Solar panels shall have anti-reflective coating.
(e)
Roof-mounted solar energy systems that use the energy on site or off site shall be exempt from site plan review under the local zoning code or other land use regulations.
(2)
Ground-mounted solar energy systems.
(a)
Ground-mounted solar energy systems that use the energy primarily on site are permitted as accessory structures with a zoning permit within all zoning districts.
(b)
Ground-mounted solar arrays require a building permit. All work shall be completed in accordance with the NYS Building Code and National Electric Code.
(c)
Height. Ground-mounted solar energy systems that use the electricity primarily on site shall not exceed 15 feet in height located on one acre or more and eight feet in height located on less than one acre when oriented at maximum tilt.
(d)
Lot coverage. Systems are limited to the same maximum lot coverage permitted for the zoning district within which it is located. The surface area covered by ground-mounted solar panels shall be included in total lot coverage.
(e)
Setbacks. Ground-mounted solar energy systems shall adhere to the setback requirements of the underlying zoning district. All solar collectors must be located in compliance with DEC and federal flood plain regulations and specifications as they pertain to waterways, waterbodies, and designated wetlands. LWRP guidelines shall also be considered if said project is located within the LWRP overlay.
(f)
All ground-mounted systems in the Marine Residential and Marine Development Districts on waterfront property shall not be placed between the principal structure and the water.
D.
Standards for large-scale solar systems as a special use.
(1)
Large-scale solar energy systems are permitted through the issuance of a special use permit within the Agricultural Rural Residential and Industrial Districts subject to the requirements set forth in this section, including site plan criteria. Applications for the installation of a large-scale solar energy system shall be reviewed by the Joint Town/Village of Clayton Code Enforcement Officer and referred, with comments, to the Joint Town/Village of Clayton Planning Board for its review and action, which can include approval, approval on conditions, or denial.
(a)
All solar energy systems shall be designed by a NYS licensed architect or engineer and installed in conformance with the applicable international building Code, International Fire Prevention Code and National Fire Association (NFPA) 70 standards, and National Electric Code.
(b)
All solar collectors must be located in compliance with DEC federal flood plain regulations and specifications as they pertain to waterways, waterbodies and designated wetlands. Local LWRP regulations may also apply.
(2)
Special use permit application requirements. A special use permit application shall be subject to the requirements set forth in Exhibit A, which is part of this section[1] and shall include the following provisions:
(a)
If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.
(b)
Plans showing the layout of the solar energy system signed by a professional engineer or registered architect shall be required.
(c)
The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.
(d)
Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.
(e)
Decommissioning plan. To ensure the proper removal of large-scale solar energy systems, a decommissioning plan shall be submitted as part of the application. Compliance with this plan shall be made a condition of the issuance of a special use permit under this section. The decommissioning plan must specify that after the large-scale solar energy system is no longer being used, it shall be removed by the applicant or any subsequent owner. The plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel(s) to its original state prior to construction. The plan shall also include an expected timeline for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared, stamped and signed by a professional engineer and/or architect. Cost estimates shall take into account inflation. Removal of large-scale solar energy systems must be completed in accordance with the decommissioning plan. If the large-scale solar energy system is not decommissioned after being considered abandoned, the Town of Clayton may remove the system and restore the property and impose a lien on the property to cover these costs to the Town of Clayton.
(f)
FAA requirements. If the proposed site is near an airport, seaplane base or established flight zone, such solar system must meet all Federal Aviation Administration requirements.
(g)
Utility notification and approval. No large-scale solar energy system shall be constructed until evidence has been presented to the Town Board of the Town of Clayton that the utility company that operates the electrical grid where the installation is to be located has agreed to the proposed interconnection.
(h)
Lighting. No large-scale solar energy system shall be continually artificially lighted. Lighting shall be limited to lights as needed by solar array personnel while present at the site. Temporary lighting to be arranged so as not to spill onto contiguous properties and comply with "dark skies" guidelines.
(i)
Lightning protection. All large-scale solar energy systems shall have adequate lightning protection via internal lightning arrestors, surge protectors or sufficient grounding.
(j)
Location. Large-scale solar energy systems shall not be installed in any location where the solar installation or systems operation may interfere with existing fixed broadcast, retransmissions, or reception antennae for radio, television, or wireless phone, unless such interference can be mitigated.
(k)
Saturation. In considering whether to issue a special use permit, the Joint Town/Village of Clayton Planning Board shall consider the proximity of similar large-scale solar energy systems to the one being proposed. In no event shall a large-scale solar energy system be placed in the St. Lawrence River view-shed of an existing large-scale solar energy system, without specific findings by the Joint Town/Village of Clayton Planning Board that such placement does not adversely affect the community character of the surrounding properties.
(l)
Public hearing. No action shall be taken by the Joint Town/Village of Clayton Planning Board to issue a special use permit for a large-scale solar energy system until after public notice and public hearing(s) conducted pursuant to the requirements for special use permits.
(m)
Stormwater management plan. The applicant will submit a stormwater management plan, certified by a professional engineer that demonstrates stormwater runoff will infiltrate into the ground beneath at a rate equal to that of the infiltration rate prior to the placement of the system.
(n)
View-shed analysis. A digital evaluation model-based project visibility map showing the impact of topography upon visibility of the project from any affected location. Visual analysis of the proposed impact on the view-shed affecting the character and quality of the Town of Clayton.
(o)
Plot plan. The plot plan shall include the following:
[1]
Property lines and physical dimensions certified by a licensed surveyor of the proposed site, including contours at two-foot intervals both before and after construction;
[2]
Location, approximate dimensions and types of all existing structures and uses on the site;
[3]
Location and elevation of the proposed solar energy system;
[4]
Drawings of the proposed solar energy system installation showing the proposed layout of the solar energy system;
[5]
Electrical diagram detailing the installation, associated components and electrical interconnection methods with all National Electric Code compliant disconnects and other current devices;
[6]
Documentation of the major system components to be used including, PV panels, mounting system and inverters;
[7]
Location of all existing aboveground utility lines and other on site solar energy conversion systems within 1,200 linear feet of the site;
[8]
Where applicable, the location of all transmission facilities proposed for installation;
[9]
Location of all roads and other service structures proposed as part of the installation;
[10]
Soil type at construction site;
[11]
A detailed screening and landscaping plan specifying locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system. Existing vegetation may be used to satisfy all or a portion of the required landscaped screening;
[12]
The site plan shall depict the location and extent of prime soils, prime soils if drained, soils of statewide importance, and indicate whether the parcel(s) is/are receiving an agricultural valuation. The site plan shall also depict the location and extent of current agricultural uses on the land (e.g., rotational crops, hay land, unimproved pasture, support lands, and fallow lands) the location of diversions and ditches, and areas where tile drainage has been installed.
[13]
The site plan shall denote the structures for overhead collection lines, preferably along field edges and nonagricultural areas. The plan should demonstrate that interconnect cables and transmission lines are to be buried in agricultural fields wherever practical and at least at a minimum depth of 48 inches of cover in cropland, hay land and New York State prime agricultural land.
[14]
The plan shall denote the potential impact on historic/cultural sites, the possible impact on at risk wildlife, flora and fauna, the disruption of a karst landscape and the impact on scenic views important to the Town of Clayton as identified by the most recent version of the Town/Village of Clayton Comprehensive Plan.
(p)
Public roadways. All Town roads used to access large solar energy systems shall be inspected and documented before construction commences and after construction completion, reviewed by the Town Engineer, Highway Superintendent and project owner. Any substantial road damage deemed cause by the project owner shall be repaired to preexisting conditions.
[1]
Editor's Note: Exhibit A is included as Attachment 3 at the end of this chapter.
E.
Waiver of requirements. The Joint Town/Village of Clayton Planning Board may upon review and with due consideration waive one or more submission requirements imposed herein. Relief from other requirements must be made by way of an area or use variance from the Joint Town/Village of Clayton Zoning Board of Appeals.
(1)
Special use permit standards.
(a)
Height. Large-scale solar energy systems shall adhere to the height requirements of the underlying zoning district.
(b)
Setbacks. Large-scale solar energy systems shall adhere to the setback requirements of the underlying zoning district. In addition, a minimum fifty-foot setback shall be maintained between any adjoining residence property line, unless a solar easement is awarded from the respective property owner and a large-scale solar energy system.
(c)
Lot coverage. A large-scale solar energy system that is ground-mounted shall not exceed 60% lot coverage of the lot on which it is installed. The surface area covered by Solar Panels shall be included in total lot coverage.
(d)
Fence. Large-scale solar energy systems are to be enclosed by fencing. The fencing shall be reviewed and approved by the Joint Town/Village of Clayton Planning Board. The fencing and the system may be further screened by any landscaping needed to avoid adverse aesthetic impacts.
(e)
Screening. All large-scale solar energy systems shall have the least visual effect on the environment, as determined by the Joint Town/Village of Clayton Planning Board. Based upon site-specific conditions, including topography, existing structures, roadways, reasonable efforts shall be made to minimize visual impacts by preserving natural vegetation, and providing landscape screening to adjacent residential properties, public roads and from public sites known to include important views or vistas. Screening should minimize the shading of solar collectors. Appurtenant structures such as inverters, batteries, equipment shelters, storage facilities and transformers should be screened from adjoining residences.
(f)
Signage. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing. Solar equipment shall not be used for displaying any advertising. All signs, flags, streamers or similar items, temporary or permanent, are prohibited on solar equipment except manufacturer's or installers identification; appropriate warning signs and placards; signs that may be required by a federal agency; and signs that provide a twenty-four-hour emergency contact phone number and warn of danger .
(g)
Glare. Solar Panels shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties, roadways or visually sensitive features as designated by New York State and/or federal authorities as historically significant or as noted in the Town/Village of Clayton Comprehensive Plan or Local Waterfront Revitalization Program.
(h)
Noise. Noise-producing equipment such as substations and inverters shall be located to minimize noise impacts on adjacent properties. Their setback from property lines should achieve no discernable difference from existing noise levels at the property line.
(i)
Access. A road shall be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Access roads shall be gated at the point of connection with public roadways. Roadways within the site shall be built along field edges and along elevation contours where practical, constructed at grade and have a maximum width of 16 feet. Roadways shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction.
(j)
Any application under this section shall meet any substantive provisions contained in local special permit requirements in the zoning code that, in the judgment of the Town of Clayton, are applicable to the system being proposed.
(k)
The Joint Town/Village of Clayton Planning Board may impose conditions on its approval of any special use permit under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA).
F.
Abandonment. Solar energy systems are considered by the Town of Clayton abandoned after 12 months without electrical energy generation and must be removed from the property. Applications for extensions are reviewed by the Joint Town/Village of Clayton Planning Board for a period of six months. The site shall be restored to its original condition within one year of abandonment determination.
G.
Security. The deposit, executions, or filing with the Town Clerk of cash, bond, or other form of security reasonable acceptable to the Town Attorney and/or Engineer, shall be in 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 and restoration of the site subsequent to removal. The amount of the bond or security shall be 125% of the cost of removal of the large solar energy system and restoration of the property with an escalator of 2% annually for the expected life of the large solar energy system. In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the cash deposit, bond, or security shall be forfeited to the Town of Clayton, which shall be entitled to maintain an action thereon. The cash deposit, bond, or security shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed. In the event of default or abandonment of the large solar energy system, the system shall be decommissioned as set forth in this section.
H.
Solar rights.
(1)
Pursuant to § 263 of New York Town Law, all parcels within the Town of Clayton shall be permitted to enjoy access to direct sunlight.
(2)
No structure shall be constructed or vegetation installed that limits direct solar access greater than 50% of the ground surface of adjoining lots to less than six hours on any day of the year.
I.
Ownership changes. If the owner or operator of the large solar energy system changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use permit, site plan approval and decommissioning plan. A new owner or operator of the large solar energy system shall notify the Code Enforcement Officer of such change in ownership or operator within 30 days of said change(s).