Maybrook City Zoning Code
ARTICLE XII
Solar Energy
§ 210-68 Solar energy systems.
A.
Purpose and legislative mandates.
(1)
The primary purpose of this section is to establish standards and limitations for the installation and operation of solar systems, either as permitted principal or permitted accessory uses/structures, within the Village of Maybrook.
(2)
While the Village of Maybrook intends to comply with the prevailing laws and encourage the use of natural energy resources, the Village of Maybrook does not wish to jeopardize the use or tranquility of the preserved open space lands within its bounds by any neighboring inappropriate development.
(3)
The Village of Maybrook notes that a 2015 New York State Energy Plan provides a framework for transforming the state's approach to energy policy. The Village agrees with a policy to focus development of a self-sustaining private-sector-driven clean energy market. The Village will pursue the plan's initiatives that include renewable energy, building and energy efficiencies and energy infrastructure modernization.
B. COLLECTOR SURFACE MAJOR SOLAR COLLECTION SYSTEM or SOLAR FARM RENEWABLE ENERGY FACILITY SOLAR COLLECTOR SOLAR ENERGY SOLAR ENERGY SYSTEM SOLAR ENERGY SYSTEM, LARGE SOLAR ENERGY SYSTEM, SMALL SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE SOLAR PANEL
Applicable definitions. As used in this section, the following terms shall have the meanings indicated:
Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process but does not include frames, support and mounting hardware.
An area of land or other area used for a solar collection system principally used to capture solar energy and convert it to electrical energy to transfer to the public electric grid in order to sell electricity to or receive a credit from a public utility entity, but also may be for on-site use. Solar farm facilities consist of one or more freestanding ground- or roof-mounted solar collector devices, solar-related equipment and other accessory structures and buildings, including light reflectors, concentrators, heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
A facility that engages in the production of electric energy from solar technologies or photovoltaic technologies.
A device, structure or part of a device or structure which is used to transform solar energy into thermal, mechanical, chemical or electrical energy.
Direct radiant energy received from the sun.
A solar energy system and all associated equipment, including any generator, base, foundation, structural support, wire, batteries or other components necessary to convert solar energy into usable electrical energy through the use of solar panels.
A ground-mounted or freestanding solar energy conservation system consisting of solar collectors, supports, wire, and controls which will be used primarily for on-site and/or off-site consumption i) on a residential lot that is not in compliance with § 210-68C(2)(b)[1]; is 10 kw or more; and ii) on a nonresidential lot that is not in compliance with § 210-68C(2)(b)[2] or has a total aggregate surface area exceeding the footprint area of the building on the lot or 2,500 square feet, whichever is greater, or, if no building exists on the lot, 2,500 square feet.
A solar energy conservation system consisting of solar collectors, supports, wire, and controls which will be used primarily for on-site consumption not to exceed 10 kw.
A facility or structure, the purpose of which is to supply electrical energy produced from solar or photovoltaic technologies, whether such facility or structure is a principal use, part of the principal use or an accessory use or structure. A security fence is not included in this definition of "facility or structure."
An elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat plate, focusing solar collectors, or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy, or array.
C.
Small solar and photovoltaic energy systems as permitted accessory uses/structures in all zoning districts. The primary purpose of an accessory small solar or photovoltaic energy system as an accessory use or accessory structure is to provide power for the principal use of the property, whether residential or nonresidential, whereon said system is to be located, and shall not be for the generation of power for commercial sale purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a small solar or photovoltaic energy system designed to meet the energy needs of the principal use. For the purpose of this subsection concerning permitted accessory small energy systems, the sale of excess power shall be limited so that in no event is an energy system generating more energy for sale than what is otherwise necessary to power the principal use on the property.
(1)
Rooftop- and building-mounted solar collectors as accessory uses/structures. Rooftop- and building-mounted solar collectors are permitted as accessory uses/structures in all zoning districts in the Village on all permitted principal and accessory structures in the Village, subject to the following requirements:
(a)
On residential buildings, solar panels and all accessory equipment for the solar energy system shall not extend beyond the edge of the roof nor exceed a height of six inches above the roofline or above the highest point of the roof structure or surface upon which the panels and equipment are located. The panels shall be set at the same angle as the roof.
(b)
On all other buildings, solar panels for the solar energy system shall not extend beyond the edge of the roof nor exceed a height of 45 inches above the highest point of the roof surface upon which they are located, but in no event shall the placement of the solar panels or any related accessory equipment result in a total height, inclusive of the subject building, exceeding that height which is otherwise permitted in the applicable zoning district. The panels shall be set at an angle which permits high efficiency of the solar system consistent with consideration of visibility from surrounding uses, with the intent to provide a panel angle of 41° or other maximum-efficiency angle as recommended by the vendor within the range of 30° to 45°. A horizontal panel arrangement is expected to give maximum angle latitude and still comply with the height restriction. In no case shall the angle of any panels be installed at less than 10° to provide adequate drainage. Accessory equipment shall be installed near the center area of the roof to reduce visibility and shall be limited to no more than six feet in height, and in no case shall it be mounted at a height greater than which is otherwise permitted in the applicable zoning district.
(c)
Any ground-mounted accessory equipment associated with the rooftop- or building-mounted solar collectors shall be no higher than 10 feet in height, shall be located within 10 feet of the structure upon which the panels are located, shall only be permitted within side or rear yard areas and shall conform to the accessory building setbacks and the coverage requirements of the applicable zoning district. Accessory equipment shall not be permitted within the front yard unless set back at least 200 feet from the front property line.
(e)
For all residential and nonresidential buildings, a permit for a compliant rooftop- or building-mounted solar energy system on a property is required from the Village Building Inspector in accordance with §§ 210-68F and 210-61 of this chapter, and all information required by the Building Inspector to determine compliance with the provisions of this section shall be provided for the permit.
(f)
In the instance where a proposed rooftop- or building-mounted solar energy system on a residential or nonresidential property is not compliant with the provisions of this section, a variance is required pursuant to § 210-45 in addition to site plan approval in accordance with § 210-62 of this chapter and § 210-68F of this section.
(2)
Ground-mounted and freestanding solar collectors as accessory uses/structures. Ground-mounted and freestanding solar collectors are permitted as accessory uses/structures in all zoning districts of the Village subject to the following requirements:
(a)
Ground-mounted arrays and freestanding solar collectors may be located only on properties at least one acre or greater in area where the applicant proves to the satisfaction of the Planning Board or the Building Inspector, as the case may be, that rooftop- or building-mounted solar collectors are not feasible on the subject site.
(b)
The total surface area of all ground-mounted or freestanding solar collectors shall be as follows:
[1]
On a residential lot, the total surface area shall not exceed a maximum aggregate area of 750 square feet on lots one acre to two acres in area, 1,200 square feet on lots two acres to five acres in area, and 1,500 square feet on lots five acres or larger.
[2]
On a nonresidential lot, the total surface area shall not exceed the existing building coverage of the building served by the ground-mounted or freestanding solar collectors.
(c)
The solar collectors and accessory equipment shall not be permitted within any front yard areas.
(d)
The location of any ground-mounted or freestanding solar collectors or other structures or equipment associated with a solar energy system shall be as follows:
[1]
On a residential lot, the setback shall be 40 feet from all side and rear property lines or the accessory building setback requirement of the applicable zoning district, whichever distance is greater.
[2]
On a nonresidential lot, the setback shall be 50 feet or the accessory building setback requirement of the applicable zoning district, whichever distance is greater.
(f)
For any accessory ground-mounted or freestanding solar energy system on a residential lot that complies with § 210-68C(2)(b)[1] of this section, and for any accessory ground- mounted or freestanding solar energy system on a nonresidential lot that complies with § 210-68C(2)(b)[2] of this section and has a total aggregate surface area less than 2,500 square feet, a permit is required from the Village Building Inspector in accordance with § 210-61 of this chapter, and any other information required by the Village Building Inspector to determine compliance with the provisions of this section shall be provided for the permit.
[1]
The Village Building Inspector shall consult with the Village Landscape Architect and/or Planner regarding the adequacy of the proposed landscape screening.
[2]
An escrow account shall be established by the applicant with the Village to pay for the time expended by the Village Landscape Architect and/or Planner.
(g)
All accessory ground-mounted or freestanding solar energy systems on a residential lot not in compliance with § 210-68C(2)(b)[1] of this section, and all accessory ground- mounted or freestanding solar energy systems on a nonresidential lot not in compliance with § 210-68C(2)(b)[2] of this section and/or with a total aggregate surface area of 2,500 square feet or greater, shall require site plan approval in accordance with Articles X and XI of this chapter and § 210-68F(2)(b) of this section with any required variance relief.
D.
Large-scale solar and photovoltaic energy systems as permitted principal uses/structures. Notwithstanding anything to the contrary in this chapter, the development of large-scale solar and photovoltaic energy systems shall be a principal use in the R-4 Zoning District, subject to site plan approval by the Planning Board and a special permit from the Village Board, and be guided by the provisions of this section of the Code and other sections that are applicable to all systems for principal and accessory use.
(1)
A minimum lot size of 10 acres is required.
(2)
The minimum distance between any portion of a solar or photovoltaic energy facility and a street shall be 50 feet, and the minimum distance from any other property line shall be 50 feet. Solar energy systems located on two adjoining parcels that must be subdivided to comply with state and/or local requirements do not need to comply with minimum setback requirements of this section for the area between the adjoining parcels. This provision will not vest any future development of the properties for a different use in these setbacks.
(3)
No rooftop installation is permitted for solar or photovoltaic energy facilities as a principal use.
E.
General requirements for all accessory and principal solar and photovoltaic energy systems.
(1)
The installation of any solar or photovoltaic energy system, including any accessory equipment, shall be outside any land area exhibiting sensitive environmental characteristics such as freshwater wetlands, 100-year flood hazard areas, severe topography (slopes more than 20%), stream corridors, DEC wetland buffers, habitats for endangered, rare, or threatened species, and historic and/or culturally significant areas, to the extent an impact would occur to such historic and/or culturally significant areas in the opinion of the Office of Parks, Recreation and Historic Preservation. Systems shall not be within any conservation easement or conservation deed restricted area. Systems that are proximate to airfields shall be demonstrated to be in compliance with all regulatory requirements of such airfield operations.
(2)
Any proposal for a solar or photovoltaic energy system shall conform to the following:
(a)
Any trees and/or shrubs to be removed or topped to accommodate the installation of a solar or photovoltaic energy system shall be accompanied by a site plan identifying the location of trees to be removed or topped and demonstrating the need to remove or top the trees. A site plan shall also be provided identifying the location, size and species of trees to be removed or topped in that portion of the property that is within 50 feet of the fence line and the portion that is within 50 feet of the boundary line.
(b)
An applicant shall locate a solar energy system so that tree removal is not required to the greatest extent practical. Where trees are to be removed, the Building Inspector, Planning Board or Zoning Board of Appeals, as the case may be, may require the replacement of trees on the subject property at up to a one-to-one ratio, depending upon the consideration of environmental factors, good judgment of the authority having jurisdiction, and practicality of the subject property to host additional trees. For the purposes of this review and potential replacement program, "trees" shall be defined as those having a six-inch diameter at breast height (dbh).
(c)
The installation of any solar energy system shall respect the landscaping and trees within any conservation easement or deed restricted area or within any required buffer area so that there is no damage or harm to the plant materials within those areas.
(d)
In any case, any tree clearing shall be justified with emphasis on development of previously cleared areas, and any proposed clearing not to exceed an area more than 50% of the subject property's size at the time the application receives conditional approval. Should the transfer of property be required or included as part of the application, the property's size shall be considered to be the entirety of the parcel prior to said transfer. Clearing shall be minimized and limited to the area necessary for site access and the installation and operation of solar panels and related equipment. Natural vegetation shall be maintained to the greatest extent practicable.
(e)
Once constructed, the ground cover below the solar energy system must be restored with low-maintenance, drought-resistant, native, non-fertilizer-dependent flora or other protective low-maintenance surface as the Village Planning Board may approve or, if no Planning Board approval is required, as the Building Inspector may approve.
(f)
The height of the solar collectors and any mounts shall not exceed 12 feet when oriented at maximum tilt.
(3)
The design of a solar energy system shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend into the natural setting and existing environment.
(4)
Solar energy systems and any associated structures shall not be used for displaying any advertising or signage, except for reasonable identification of the operator of the system and appropriate warning signs, with phone numbers for ESO/emergency contacts all not to exceed, in aggregate, four square feet in area per 100 lineal feet of running perimeter. All signs shall be affixed to equipment unless otherwise authorized by the approving authority (Building Inspector or Planning Board).
(5)
The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers, substations and battery storage facilities.
(6)
All solar energy systems shall be designed and located in order to prevent any unabated reflective glare toward any inhabited buildings on adjacent properties as well as adjacent roadways, with sufficient studies submitted to confirm this has been mitigated to the extent practicable.
(7)
Lighting of the pertinent structures shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded from abutting properties.
(8)
When a new driveway or road is required for access to the solar or photovoltaic systems, the surface shall be either pervious pavement or gravel and shall be the minimum width to accommodate maintenance as well as emergency vehicles.
(9)
All solar energy system installations must be securely fenced. Fencing may be chain-link or other suitable fence acceptable to the Planning Board and consistent with this chapter.
(10)
All solar and photovoltaic energy system installations must be performed by a qualified installer, and, prior to operation, the electrical connections must be inspected by the Village or other appropriate electrical inspection agency, as determined by the Village. In addition, any interconnection to the public utility grid must be inspected by the appropriate public utility.
(a)
All power lines from a solar or photovoltaic energy system to on-site interconnection equipment shall be located underground and installed by a certified professional and must meet all applicable national, state, and local electrical codes.
(b)
The installation of any energy system shall conform to the National Electric Code.
(c)
Solar and photovoltaic energy systems that connect to the electric utility grid shall comply with Article 7 of the New York State Public Service Law and Section 68 if the plant is to generate more than 80 mw of energy as required by the electric utility servicing the property.
(d)
Systems shall be installed by a qualified installer as listed on the NYSERDA Approved Installers list with a North American Board of Certified Energy Practitioners (NABCEP) certified installer.
(11)
When batteries are included as part of the solar or photovoltaic energy system, the batteries require a charge controller and must be placed in a secure container or enclosure meeting the requirements of the New York State Uniform Fire Prevention Code (as modified from time to time) when in use, and, when no longer used, the batteries shall be disposed of in accordance with the laws and regulations of Orange County and other applicable laws and regulations. For batteries permitted under this section, the energy system shall be connected to the energy grid in lieu of stand-alone systems relying upon batteries to store excess power, unless practically infeasible.
(12)
Landscaped vegetative screening shall be required, as well as fencing as may be determined appropriate by the Planning Board, between any ground-mounted solar collectors or any ground-mounted equipment for any energy system and adjacent properties and streets in accordance with the following:
(a)
The overall purpose of the landscaped screening is to obscure or substantially buffer the view of the solar energy system year-round.
(b)
The landscaped screening shall be comprised of a minimum of one evergreen tree, at least six feet high at time of planting, plus two supplemental shrubs, all planted within each 10 linear feet of the area to be screened or such other equivalent and appropriate landscape solution as is acceptable to the Planning Board.
(c)
Existing vegetation may be used to satisfy all or a portion of the required landscaped screening.
(d)
All fencing greater than four feet in height shall be located 30 feet from all property lines. Fencing shall provide security protection for the facility and may also provide screening of the facility for visual protection of neighboring properties. Fencing shall satisfy all NEC requirements as needed and may be a maximum of eight feet in height, unless otherwise required by the NEC. [See § 210-68E(9).]
(13)
If a solar energy system ceases to perform its originally intended function for more than 12 consecutive months or construction is not completed within 18 months of final site plan approval, the property owner shall remove the collector, mount and/or associated equipment and facilities by no later than 90 calendar days after the end of the period noted and shall restore the property to its original condition unless he can show to the satisfaction of the Building Inspector good cause as to why this time should be extended and then only to a maximum extension of an additional 45 calendar days. To secure such removal, the developer shall post a decommissioning bond, 75% of which shall be a cash bond and 25% of which shall be a surety bond, with the Village in an amount to be established by the Village Board upon recommendation from the Village Engineer. The cash bond amount will equal 150% the decommissioning and reclamation costs for the entire system. This shall include the removal of footings; however, such removal shall be at the discretion of the Village Engineer should the site's erosion control be better serviced by leaving the footings in place. The bond must remain valid until the decommissioning obligations have been met and, therefore, must be renewed or replaced if/when needed and account for any changes in the total decommissioning cost. Bonds shall be reviewed for such revisions every five years. When required, solar projects are to be decommissioned in the most environmentally friendly way practicable. At the end of their life cycle (25 years to 40 years), at such time as required under this Code or as determined by the owner or operator of the facility, decommissioning is expected to follow the following general requirements:
(a)
Remove all non-utility-owned equipment, conduits, structures, and foundations to a depth of at least three feet below grade.
(b)
Remove all fencing, unless the owner of property requests, in writing, it to stay in place and it is not a hazard.
(c)
Restore the land to the condition which existed before construction, including an adequate layer of topsoil where existing topsoil has been removed or eroded.
(d)
Dispose of or recycle all materials in an environmentally responsible manner.
(14)
Where site plan approval is required (see § 210-68F), the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of the proposed solar energy system and its components. Site plan applications and permits for a solar or photovoltaic energy system shall include information demonstrating its efficiency and its compliance with the provisions of this section.
(15)
The operations and maintenance manual from the manufacturer shall be followed, which shall include provisions for replacement or removal of damaged or faulty sections in a timely manner. A copy of the manual shall be provided to the Building Department and Fire Department when the applicant requests a building permit be issued. Failure to abide by the manufacturer's recommendations in a timely manner, and in no case greater than 90 days, or gross operational deficiencies shall be subject to system removal as outlined in Subsection E(13) above.
(16)
The property owner shall be responsible for the cleanup of damaged solar equipment in the event of wind, fire, or other naturally occurring environmental phenomena or vandalism of any kind. Procedures for cleanup of these systems shall be clearly identified in the operations and maintenance manual outlined in Subsection E(15) above.
(17)
Additional requirements:
(a)
The solar collectors shall be located so that any glare is directed away from any adjoining property or street or is otherwise mitigated to the extent practicable. Failure to adequately mitigate glare will be reason for rejection of an application for a building permit or site plan approval.
(b)
Solar energy systems shall be designed to sustain wind loads up to 110 miles per hour (mph) and snow loads of 50 pounds per square foot (psf) unless more stringent requirements are mandated by other regulatory agencies.
(c)
Ground areas beneath solar panels shall not be covered with stone but shall be planted with a seed mixture of native, noninvasive shade-tolerant grasses in order to prevent soil erosion and the spread of weeds or other invasive species and to promote biodiversity and a natural habitat; the ground area shall be mowed on a regular basis as may be needed. Solar panels shall not be included in any calculation of impervious surface or impervious cover.
(d)
In order to ensure that there will be minimal disturbance and impact to the land and to promote easy removal and rehabilitation of the site, the preferable method of installation of the solar collectors or panels is by removable earth screws, auger-driven piers or a similar system that does not require concrete footings or other relatively permanent foundations. The installation shall conform to the natural contours of the land, and no grading of any material quantity shall be permitted for the installation of the system.
(e)
Solar energy systems shall be constructed entirely with nonhazardous materials. Disposal of the panels will be regulated by New York State solid waste procedures and all other applicable regulations.
(18)
Visual assessment. A visual impact assessment shall be prepared and, at a minimum, shall include:
(a)
A viewshed analysis in order to determine locations where solar power and appurtenant facilities may be visible.
(b)
Graphic representations of before-and-after views from key viewpoints located inside and outside of the Village, including but not limited to state highways and other major roads, state and local parks, other public lands, preserves and historic sites normally open to the public, residential developments and from any other locations where the site is visible to a large number of visitors or travelers.
(c)
Assessment of alternative designs and color schemes.
(d)
Assessment of the visual impact of the facilities from abutting properties and streets.
(e)
Appropriate mitigations, in terms of landscaping, berms, hedges, fences, grading and other forms of screening, shall be provided as needed to limit visual impact.
(19)
All fence heights shall be measured from the finished grade.
F.
Permit and site plan application requirements.
(1)
For rooftop- and building-mounted solar collectors as accessory uses/structures.
(a)
For all residential and nonresidential buildings, a permit for a compliant rooftop- or building-mounted solar energy system on a property is required from the Village Building Inspector in accordance with §§ 210-61 and 210-60 of this chapter, and all information required by the Building Inspector to determine compliance with the provisions of this section shall be provided for the permit.
(2)
For ground-mounted and freestanding solar collectors as accessory uses/structures.
(a)
For any accessory ground-mounted or freestanding solar energy system on a residential lot that complies with § 210-68C(2)(b)[1] of this section, and for any accessory ground-mounted or freestanding solar energy system on a nonresidential lot that complies with § 210-68C(2)(b)[2] of this section and has a total aggregate surface area less than the building footprint, if one exists, or 2,500 square feet, whichever is greater, a permit is required from the Village Building Inspector in accordance with Article XI of this chapter. Any other information required by the Building Inspector to determine compliance with the provisions of this section shall be provided for the permit.
(b)
All accessory ground-mounted or freestanding solar energy systems on a residential lot not in compliance with § 210-68C(2)(b)[1] of this chapter, and all accessory ground-mounted or freestanding solar energy systems on a nonresidential lot not in compliance with § 210-68C(2)(b)[2] of this section and/or with a total aggregate surface area of 2,500 square feet or greater, shall be considered a "large" facility and shall require site plan approval in accordance with § 210-62 of this chapter, and § 210-45 of this chapter with any required variance relief. In addition to site plan approval by the Planning Board and whether or not these uses are shown on the use table, the applicant shall apply for a special permit for review and approval by a special permit issued by the Village Board, in accordance with Article X. Upon receipt of a complete application, the Village Board shall refer such a special permit application to the Planning Board for its recommendation. If the Planning Board does not respond within 30 days of the referral, the Village Board may proceed to make its decision without such recommendations.
(3)
Upon completion of any solar energy system, a certified letter from a professional engineer will be required to be submitted by the applicant to the Building Department stating that the structure was constructed in accordance with the approved drawings.
(4)
For large solar energy installations, an agreement with a utility for interconnection of the completed facility must be established and clearly documented within the site plan and special permit review.
(5)
A decommissioning plan must be submitted by the solar developer as part of the site plan and special permit applications. Although the agreement between the property owner ("owner") and the company ("company") installing and operating the system may assign the decommissioning responsibilities to the company, the responsible party for the purposes of this Code [see § 210-68E(16)] shall be the property owner unless specifically stated otherwise. The decommissioning plan shall identify the anticipated life of the project, method and process for removing all components of the solar energy system and returning the site to its preexisting condition. It shall include an estimate of decommissioning costs. The decommissioning plan shall be initiated within the time frames provided in § 210-68E(13) of this Code unless a petition is filed with the Village Board prior to the expiration of the periods defined in § 210-68E(13) for an extension. Such a request shall demonstrate specific and unique conditions related to the installation to the Village Board, who shall have the authority to extend the time for initiating the decommissioning for up to two additional six-month periods within their sole discretion [see § 210-68E(13)].
(6)
Waivers. The Planning Board may waive any of the provisions of this section if it is demonstrated by the applicant that under the facts and circumstances the submission of such documentation would cause unnecessary and undue hardship and the modification could be accomplished without significant environmental harm. Where the modification is from a numerical standard (i.e., height of 10 feet, setback of 75 feet, twenty-acre lot, etc.), the Planning Board may grant relief up to a 20% increase based on the criteria noted above from the standards specified herein. Further relief will require action by the ZBA.