Hurley City Zoning Code
ARTICLE XI
Miscellaneous Provisions
§ 210-69 Regulations to be considered minimum.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety and general welfare.
§ 210-70 Effect on other provisions.
This chapter shall not interfere with, abrogate, annul or repeal any ordinance or any rule, regulation or permit previously or hereafter enacted, adopted or issued pursuant to law, provided that, unless specifically excepted, where this chapter imposes greater restrictions, its provisions shall control.
§ 210-71 Solar energy systems.
[Added 10-22-2018 by L.L. No. 4-2018]
A.
Applicability.
(1)
The requirements of this section shall apply to all solar energy systems (except solar thermal systems) and equipment installed and modified after the effective date of this section. Except as provided herein in § 210-71C(2) below, no solar energy system equipment shall be installed, operated or modified except in compliance with this § 210-71.
(2)
A solar energy system for which a valid building permit has been issued or, if no building permit was required, for which installation was commenced and diligently pursued prior to the effective date of this section shall not be required to meet the requirements of this section. However, any modification of such solar system must comply with the requirements of this section.
(4)
When a solar energy system is limited by this § 210-71 to servicing only the building(s) and structure(s) on the lot upon which the system is located and building(s) and structure(s) on adjacent lots, such limitation shall not be construed to prohibit a net-metering billing arrangement in accordance with law.
B.
General permit, inspection and operating requirements.
(1)
Application for and issuance of a building permit shall be required prior to installation of a solar energy system.
(2)
A solar energy system shall be designed and installed in accordance with all applicable laws, codes and regulations, including but not limited to the New York State Uniform Fire Prevention and Building Code and other state code provisions.
(3)
All solar energy systems installations must be performed by a qualified solar installer.
(4)
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 the public utility grid must meet all applicable Town, state, federal and public utility rules and regulations.
(5)
All solar energy systems shall be maintained in good working order.
C.
Roof-mounted, building-integrated photovoltaic and solar thermal energy systems. A roof-mounted, building-integrated photovoltaic and solar thermal energy system is permitted as an accessory use and structure in all zoning districts, without site plan approval, but subject to the following requirements:
(1)
A roof-mounted, building-integrated photovoltaic and solar thermal energy system is permitted to serve on the building(s) and structure(s) on the lot upon which the system is located.
(2)
The applicant shall file a New York State Unified Solar Permit (USP) application and pay all fees in order to obtain a building permit.
(3)
A roof-mounted system may be mounted on any legal principal or accessory building or structure.
(4)
Roof-mounted solar collectors are subject to the height limitations governing the principal or accessory building or structure to which it is mounted.
(5)
When feasible, as determined by the Code Enforcement Officer, solar collectors facing the front yard must be mounted at the same angle as the roof's surface, with a maximum distance between the roof and the highest edge of the panels of 18 inches.
(6)
A solar thermal panel shall not be placed in the front yard and shall not be placed within the required rear yard or required side yard setback applicable to the accessory structures within the zoning district.
D.
Small-scale solar energy systems. A ground-mounted, small-scale solar energy system is a permitted accessory use and structure in all zoning districts, subject to site plan approval by the Planning Board and subject to the following requirements:
(1)
A ground-mounted, small-scale solar energy system is permitted to serve only the building(s) and structure(s) on the lot upon which the system is located.
(2)
A ground-mounted, small-scale solar energy system shall not be located in the front yard, unless the applicant applies to, and demonstrates to the satisfaction of the Planning Board, that the front yard is the only area where the solar energy system can reasonably function, and that appropriate screening to mitigate impacts on adjoining properties is implemented.
(3)
The solar energy system and related equipment shall not be located within the minimum required front, side and rear yards for the district in which the system is situated.
(4)
Solar collectors and related equipment shall be substantially screened from view from adjoining properties and public roadways.
(5)
The height of the solar collectors and mounts shall not exceed 15 feet when oriented at the maximum tilt.
(6)
The area beneath all solar collectors shall be included in calculating maximum permitted lot coverage limitations.
E.
Utility-scale solar energy systems.
(1)
A utility-scale solar energy system is permitted as a special permit use in the A-2.5 Low-Density Residential and A-4 Very-Low-Density Residential zoning districts, subject to site plan approval by the Planning Board and subject to the following special conditions and safeguards:
(a)
The following dimensional requirements shall apply to a utility-scale solar energy system:
Standard | Requirement |
|---|---|
Lot width | 250 feet |
Front yard setback | |
Town highway | 100 feet |
County highway | 125 feet |
State highway | 150 feet |
Side yard setback (each) | 75 feet |
Rear yard setback | 75 feet |
Building height | 35 feet |
Maximum height of solar collectors | 12 feet |
Maximum height of fencing | 8 feet |
* | If the lots or lots of the proposed solar energy system front(s) on two or more streets, then each of those yards shall be deemed the front yard. The required side and rear yard setbacks shall be measured to the visible structural component of the solar energy system nearest the side lot line or rear lot line, respectively. |
(b)
The total area of the solar energy system shall not exceed 25 acres.
(c)
The solar energy system and related equipment shall not be located within the minimum required front, side and rear yards for the district in which the system is situated.
(d)
The entire solar energy system shall be enclosed by perimeter fencing at a height of at least seven feet to restrict unauthorized access. There shall be a six-inch gap at the bottom of the fencing to allow small wildlife access to and from the site.
(e)
Solar energy systems shall be situated on sites consisting primarily (i.e., at least 75%) of open fields, brush, small trees (i.e., with trunk diameter of two inches or less measured at four feet above finished grade), or pasture, but not situated on primarily wooded sites. The Planning Board may allow some of the existing trees within the area of the solar energy system to be removed to accommodate the solar energy system. In order to prevent tree clearing in anticipation of a solar energy system installation, this 75% requirement shall apply during the time period commencing two years prior to application for a solar energy system.
(f)
Appropriate screening shall be provided, as determined by the Planning Board based upon the specific site characteristics to screen the solar energy system and fencing from residential properties, public roads, private roads and private rights-of-way to the maximum extent practicable. The applicant shall provide a visual analysis to the Planning Board using line-of-sight profiles from public viewing locations determined by the Planning Board.
(g)
All on-site power lines shall be installed underground unless the applicant demonstrates to the satisfaction of the Planning Board that such underground installation is not practicable given the particular characteristics of the site.
(h)
Building and structures associated with the solar energy system shall, to the maximum extent practicable, use materials, colors and textures that will blend the facility into the existing environment.
(i)
Solar panels and equipment shall be designed and sited so as to not reflect glare onto other properties, public roads or private roads or rights-of-way, and shall not interfere with traffic or create a hazard.
(j)
Driveways serving the site shall have safe sight distance and lawful appropriate access for emergency vehicles and equipment. Access to the site shall be reviewed by relevant emergency service providers.
(k)
The identification of the manufacturer and installer, and appropriate warning signs, shall be posted at the site, be clearly visible and weather resistant.
(l)
The solar energy system and equipment shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric service. Materials used for the markings shall be weather resistant. The markings shall be placed adjacent to the main service disconnect in a location clearly visible from where the power lever is located. If any of the standards in this subsection are more stringent than applicable provisions of the New York State Uniform Fire Prevention and Building Code (the state code), these standards shall be deemed to be guidelines only, and the standards of the state code shall apply.
(2)
Application requirements. In addition to the other requirements in this Zoning Code applicable to site plan and special permit applications, the applicant shall submit to the Planning Board the following:
(a)
If the property of the proposed solar energy system is leased, the written legal consent between all parties, specifying the use(s) of the property for the duration of the project, including easements and other agreements.
(b)
Equipment specification sheets for all photovoltaic panels, significant components, mounting systems and inverters.
(c)
A property operation and maintenance plan, which plan shall describe continuing equipment maintenance, property upkeep (e.g., mowing and trimming) and useful life and replacement schedule for key equipment. The plan shall specify that herbicides shall not be used.
(d)
A decommissioning plan, in accordance with § 210-71E(3).
(e)
Compliance with wind and snow-load requirements, grounding requirements, National Electrical Safety Code and National Electrical Code requirements.
(f)
Emergency Action Plan (EAP) outlining safety protocol should an incident occur at the project site. The EAP shall include pre-emergency planning, emergency equipment and supplies, incident response, and evacuation plan. The EAP should also identify location of all emergency equipment and shutoffs on the subject site The EAP shall be filed with the Town Code Enforcement Office and local fire district.
(g)
The site plan set should include the following: Zoning district; preliminary FEMA special flood hazard area; wetlands; area of tree removal; fencing and design materials; landscaping; road access and emergency access; location of nearest residential structure; location, height and size of all existing structures on property; location, height and size of all proposed solar collection and accessory structures; height above finished grade, materials, colors and lighting; make, model and manufacturer of the solar energy system and stormwater pollution prevention plan.
(3)
Decommissioning and removal.
(a)
Removal of unused solar energy system and equipment. The applicant and property owner must agree, in writing, to remove the solar energy system and all associated equipment and structures if the solar energy system ceases to be used for its intended purpose for 12 consecutive months. Removal of such unused system, equipment and structures shall be completed within six months thereafter.
(b)
Decommissioning and removal plan. To ensure the proper removal of a utility-scale solar energy system, a decommissioning plan shall be submitted as part of the application. Compliance with the approved decommissioning plan shall be a condition of a special permit authorized by the Planning Board. The decommissioning plan shall specify that after the solar energy system ceases operation for its intended purpose, the system shall be removed by the applicant or property owner, and by any subsequent owner/operator of the solar energy system or property owner. The plan shall demonstrate how the removal of the solar energy system and all related equipment and structures shall be conducted and how the remediation of the soil and vegetation shall be conducted to return the property substantially to its condition prior to construction. The plan shall include a timeline for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor. Cost estimates shall take into account inflation. The decommissioning plan shall state the time period within which the solar energy system shall be removed and the property restored, which time period shall be no greater than six months after the solar energy system ceases, for 12 consecutive months, to be used for its intended purpose.
(c)
Decommissioning and removal security.
[1]
The applicant shall execute and file with the Town Clerk security in a form acceptable to the Town Attorney and Planning Board and in the amount sufficient to pay for the cost and expenses of removal of the solar energy system and related equipment and structures and restoration of the site. The amount is subject to the approval of the Planning Board's professional engineer and the Planning Board. The security may be in the form of cash, letter of credit, another instrument acceptable to the Town's attorney and the Town Board, or a combination thereof. The security shall remain in full force and effect until all solar energy system equipment, structures and materials have been properly removed and site restoration is complete.
[2]
The amount of security shall be sufficient, during the first five years of operation, to cover the costs to deconstruct and dispose of all equipment, structures and materials related to the solar energy system; costs to restore the site; and all fees, costs and expenses incurred by the Town to administer and enforce the decommissioning process. The initial security will be set at 125% of the Year 1 estimate to adjust for inflation. Such amount shall be reevaluated every five years thereafter and, if necessary, adjusted to reflect prevailing costs and expenses.
[3]
If the amount of the security does not fully cover such fees, costs and expenses ("costs") or if the Town cannot recover adequate proceeds of the security, then the owner or operator of the solar energy system and the property owner shall be jointly and severally, and corporately and personally, liable for the costs not recovered. In addition, the Town may assess such costs against the property, which assessment shall constitute a lien on the property, and which amount may be collected in the same manner as real property taxes.
(4)
Equipment and parts maintenance. Any damaged or unused equipment and parts shall be removed from the premises in 30 calendar days or kept in a secured, designated storage area. Maintenance equipment, spare parts and petroleum products shall be kept in a secure, designated storage area.
(5)
Ownership changes. If the owner or operator of the solar energy system changes or the owner of the property changes, the special permit shall remain in effect, and all requirements of this § 210-71 and all conditions and requirements of the special permit shall be binding upon each succeeding owner and operator. However, a change in owner or operator shall not affect the decommissioning security, although a new owner may substitute other security in accordance with § 210-71E(3). A new owner or operator of the solar energy system shall immediately notify the Town Code Enforcement Officer of such changes in ownership or operator.
(6)
Modifications. Any and all modifications, additions or deletions to the solar energy system, whether structural or not, shall be subject to prior site plan review and approval by the Planning Board, except routine repairs and maintenance shall not be subject to Planning Board review.
(7)
Right to inspect. Written permission from the property owner allowing the Town to conduct periodic inspections, including the annual inspection, shall be on file with the Code Enforcement Officer before issuance of the compliance permit.