New Lebanon City Zoning Code
§ 205-18
Solar energy systems.
[Added 7-11-2017 by L.L. No. 2-2017]
A.
Intent and purpose. The intent of this section is to advance and protect the public health, safety, and welfare of the residents of the Town by:
(1)
Taking advantage of a safe, abundant, renewable, and clean energy resource;
(2)
Decreasing the cost of energy to the owners of commercial and residential properties, including single-family houses;
(3)
Providing for the installation of solar energy systems that are consistent with the requirements of the Comprehensive Plan for the Town of New Lebanon with the goal of maintaining the community appearance and rural character of the Town; and
[Amended 8-8-2023 by L.L. No. 4-2023]
(4)
Balancing the potential impacts to the public and to neighbors when solar energy systems may be installed on property in the Town while preserving the rights of property owners to install solar energy systems without overly burdensome regulation.
B.
Applicability.
(1)
The requirements of this section shall apply to all solar energy systems installed or modified after the effective date of these solar energy system regulations, excluding general maintenance and repair, or to solar energy system installations for which a valid building permit has been issued before the effective date of this section.
(2)
All solar energy systems shall be designed, erected and installed in accordance with all applicable codes, regulations and industry standards, including, without limitation, the New York State Uniform Fire Prevention and Building Code[1] (including the Electrical Code), the Town Code, and any other applicable regulations. To the extent any provision of this § 205-18 conflicts with any other applicable code, regulation or industry standard, the provision, code, regulation or standard that is more protective of health and safety shall control.
[Amended 8-8-2023 by L.L. No. 4-2023]
C.
Solar energy systems as an accessory use or structure. This section pertains to roof-mounted solar energy systems and ground-mounted solar energy systems for on-site consumption. These types of solar energy systems shall be considered accessory uses and are subject to the specific regulations below.
(1)
Roof-mounted solar energy systems.
(a)
A building permit shall be required for installation of all roof-mounted solar energy systems.
(b)
Roof-mounted solar energy systems that use the generated electricity on site or off site are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure.
(c)
Roof-mounted solar energy systems shall be exempt from site plan review under this chapter.
(d)
Buildings with roof-mounted solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located. The solar energy system shall be included in the calculation of height. The height exemptions for other equipment and structures as provided in § 205-7B(8) of this chapter remain applicable.
(e)
Solar panels on a roof-mounted solar energy system shall be mounted with a maximum distance (tilt or cant) of 18 inches between the roof and highest edge of the solar energy system component.
(f)
Solar energy systems that are mounted on a flat roof shall be exempt from the maximum distance (tilt/cant) requirement of the foregoing subsection; however, the system shall be screened from the road frontage adjacent to the property using building materials or natural materials, such as vegetation and berms. A plan for such screening shall be depicted as supplementary documentation to the building permit.
(g)
Before a roof-mounted solar energy system is first energized, the property owner and solar installer must contact the emergency responders to provide information and instruction on how to use the emergency disconnect to power down the solar energy system and to show responders the location for the emergency disconnect. Roof-mounted solar energy systems shall be labeled in order to provide emergency responders with appropriate warning and guidance with respect to isolating and disconnecting the solar electric system. Materials used for labeling shall be weather resistant. In addition, all roof-mounted solar energy systems must include a setback from the edge and peak of the roof to provide access and a path for firefighters.
(h)
All owners of property upon which a roof-mounted solar energy system which primarily produces electricity for off-site consumption is located are required to enter into contracts with the Town to make payments in lieu of taxes (PILOT). The amounts of the PILOT cannot exceed the amounts which would have been payable if not for the exemption.
(2)
Ground-mounted solar energy systems for on-site consumption.
(a)
A building permit shall be required for installation of all ground-mounted solar energy systems for on-site consumption.
(b)
Ground-mounted solar energy systems for on-site consumption that use the generated electricity primarily on site are considered accessory structures.
(c)
Ground-mounted solar energy systems that use the electricity primarily on site and that have an aggregate surface area coverage no greater than 1,000 square feet shall be exempt from site plan review under this chapter.
(d)
Ground-mounted solar energy systems for on-site consumption that have an aggregate surface area coverage that exceeds 1,000 square feet shall be subject to site plan review and the issuance of a special use permit.
(e)
Height, setback and lot coverage. Ground-mounted solar energy systems shall adhere to the height, setback and lot coverage requirements of the zoning district within which they are located, subject to the following additional conditions:
[1]
Height restrictions will apply to structures when oriented at maximum tilt and are provided the same height exemptions as provided in § 205-7B(8) of this chapter.
[2]
Ground-mounted solar energy systems for on-site consumption shall adhere to the setback requirements of the district in which they are located and shall only be located in the side or rear yards of lots.
[3]
The surface area covered by ground-mounted solar panels in these systems, combined with any other accessory structures on the lot, shall not exceed 30% of the lot coverage.
(f)
Ground-mounted solar panels shall be surfaced, designed, sited and installed so as not to cause glare onto adjacent properties and roadways.
(g)
Before a ground-mounted solar energy system for on-site consumption is energized for the first time, the property owner and solar installer must contact the Town's emergency responders to provide information and instruction on how to use the emergency disconnect to power down the solar energy system and the location for the emergency disconnect. All disconnects shall be clearly labeled in order to provide emergency responders with appropriate warning and guidance with respect to disconnecting the solar electric system. Materials used for labeling shall be weather resistant.
(h)
Ground-mounted solar energy systems for on-site consumption shall be exempt from additional real property taxation to the extent of any increase in the value which is attributable to the solar energy system, provided that the array does not generate more than 125% of the total energy consumed at the site. In the event the energy generated by the array exceeds 125% of the usage in any year, the property shall not qualify for the exemption in the following year, and the owner will be required enter into a contract with the Town to make payments in lieu of taxes. Proof of generation and consumption must be provided on an annual basis to the Town Clerk and the Assessor.
D.
Large-scale solar energy systems. Large-scale solar energy systems, which term includes, but is not limited to, community solar energy systems, have a greater impact on the land and Town. As such, these systems shall be subject to the following regulations:
[Amended 8-8-2023 by L.L. No. 4-2023]
(1)
Approval standards for applications for large-scale solar energy systems.
(a)
Large-scale solar energy systems are permitted in the Solar Overlay District upon the granting of a special use permit and subject to site plan approval by the Planning Board. Where a large-scale solar energy system is present on site, it will be considered a principal use on that site.
(b)
Special use permit application requirements and conditions. A special permit application shall be subject to these additional special use permit standards and requirements:
[1]
If the property of the proposed project is to be leased, legal consent to the solar use between the owner and tenant, specifying the use(s) of the land for the duration of the lease, including information on any necessary easements and other agreements, shall be submitted with the application, and both parties must sign the application. The lease agreement must contain a provision which specifies the rights and/or obligations regarding decommissioning.
[3]
Site plans conforming to the requirements described in § 205-14 depicting the layout of the solar energy system signed by a professional engineer or registered architect shall be required.
[4]
The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, inverters and any other equipment that are to be installed.
[5]
Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.
[6]
Decommissioning plan. To ensure the proper removal of large-scale solar energy systems and community 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 solar energy system is no longer producing power for a period of 12 months, it shall be removed by the property owner within 90 days of notification from the Town requiring removal. The plan shall demonstrate the existing conditions on the site before construction of the array, the plan for removal, including the disposal or recycling of its components, together with the restoration of soil and vegetation to return the parcel to its original state prior to construction. All aboveground and below-ground equipment, structures and/or foundations associated with the solar energy system must be removed during decommissioning. The plan shall include an expected timeline for removal of the equipment and restoration of the site. A cost estimate detailing the projected costs associated with the decommissioning shall be prepared by a professional engineer or contractor. Cost estimations shall take into account inflation.
[7]
Performance bond. Prior to issuance of a building permit, the property owner or operator of the solar energy system shall post a performance bond or other suitable guarantee in a face amount of the estimated cost of decommissioning as provided in the cost estimate approved by the Town Engineer, together with the cost of inflation over the anticipated life of the array. For the special use permit to remain in effect, the cost estimate and performance bond shall be reviewed and adjusted at five-year intervals. The approvals allowing the use shall be suspended or revoked pending the replenishment of the financial obligation. The form of the guarantee must be reviewed and approved by the Town Engineer and the Town Attorney. Review of the guarantee by the Town Engineer and Town Attorney shall be paid from an escrow established by the applicant, which shall be required to be funded in advance of review of the project. In the event of a default upon performance of such condition or any of them, the bond or security shall be utilized by the Town to perform all necessary decommissioning work to remove the array and restore the property. The bond or security shall remain in full force and effect until the removal of the solar energy equipment and complete restoration of the site. Proof of maintenance of the bond or security shall be submitted by the property owner or operator on an annual basis to the Town Clerk by February 1 of each year.
(2)
Special use permit and site plan standards. The review of an application by the Planning Board shall be subject to the following standards, in addition to those contained in the special use permit and site plan sections of this chapter:
(a)
Size, height and setback.
[1]
No parcel shall include one or more large-scale solar energy systems that, in the aggregate, exceed a nameplate capacity of five megawatts alternating current.
[2]
The applicant shall demonstrate that the hosting capacity of existing public utility infrastructure to which the large-scale solar energy system is to be connected is sufficient to support the total energy-generating capacity of the proposed large-scale solar energy system.
[3]
Large-scale solar energy systems shall adhere to the height and setback requirements of the underlying zoning district in which they are located.
[4]
In addition to adhering to the otherwise applicable height and setback requirements of the underlying zoning district, no component of any large-scale solar energy system may be located within 75 feet of the front lot line or 35 feet of any side or rear lot line.
(b)
All large-scale solar energy systems shall be enclosed by fencing to prevent unauthorized access. The type of fencing shall be determined by the Planning Board as part of site plan review.
(c)
The owner or operator of the solar energy system must have identification and contact information and appropriate warning signage posted at the entrance to the solar energy system and be clearly visible. Signage shall list the facility name, owner or operator and phone number. A clearly visible warning sign concerning voltage shall be placed at the base of all inverters, transformers and/or substations and in such other locations as the Planning Board determines is necessary.
(d)
Large-scale solar energy systems shall also adhere to the following design requirements:
[1]
Any buildings, inverters, transformers and/or substations and accessory structures shall, to the extent reasonably possible, use materials, colors, and textures that will blend the facility into the existing environment and/or be screened from view.
[2]
Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction, while providing sufficient ability to accommodate fire and other emergency apparatus.
[3]
As determined necessary by the Planning Board, a landscaped buffer shall be provided around all equipment and solar energy systems to provide screening from neighboring residences and roadways.
[4]
Solar panels and equipment shall be surfaced, designed and sited in order to prevent reflective glare onto any inhabited buildings on adjacent properties as well as roadways.
[5]
Where practicable, on-site utility and transmission lines shall be placed underground if they would be visible and are unable to be adequately screened.
[6]
All mechanical equipment, including any structure for batteries or storage cells, shall be completely enclosed by a minimum six-foot-high fence with a self-locking gate, and provided with landscape screening. Fire and emergency responders must have access to the equipment, which may be accomplished with use of a Knox-Box® or other equipment as recommended by the emergency responders.
(e)
Any batteries or storage cells, when no longer in use, shall be disposed of in accordance all applicable federal, state, county, and local laws and regulations.
(f)
Any application under this section shall meet any substantive provisions contained in the site plan requirements of this Zoning Code that, in the judgment of the Planning Board, are applicable to the system being proposed. If any site plan requirement is determined by the Planning Board as not applicable, the Planning Board may waive that requirement in its site plan review.
(g)
The 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).[3]
[3]
Editor's Note: See Art. 8 of the Environmental Conservation Land.
(3)
Other requirements applicable to large-scale solar energy systems.
(a)
The operator shall maintain general liability insurance coverage on any solar energy system in the amounts of $1,000,000 for injuries and $500,000 for property damages, naming the Town of New Lebanon as additional insured.
(b)
If in the course of the delivery, installation, maintenance, dismantling, removal or transport of the solar energy system or any components thereof, the property of the Town of New Lebanon, including but not limited to roadways, shoulders, drainage structures, signage, guide rails, etc., is damaged by the efforts of the applicant or any agents thereof, the applicant shall, within 30 days of the damage, completely replace or repair all damage to the satisfaction of the Town.
(c)
Any damaged or unused components of the system shall be removed from the premises within 30 days and disposed of legally. All maintenance equipment and spare parts shall be kept in a designated storage area which is fenced and screened. Petroleum products shall be disposed of legally.
(d)
If the ownership of a solar energy system changes, the special use permit and site plan approvals shall remain in full force and effect providing all the conditions of the special use permit, including bonding, letters of credit or continuing certification requirements or obligations continue to be obligations of successor owners. The change in ownership shall be registered with the Code Enforcement Officer.
(e)
Any and all modifications, additions, deletions, or changes to the solar energy system, whether structural or not, shall be subject to the Planning Board's approval as an amendment of the special use permit and/or site plan, except that such amendment shall not be required for repairs which become necessary in the normal course of use of such system.
(f)
An inspection report prepared by an engineer approved by the Town and licensed in the State of New York shall be required at the time of installation and every three years thereafter. The cost for this inspection shall be borne by the applicant. The inspection report is required at the time of installation and in advance of powering the system for use. Thereafter, it shall be done to inspect all components of the solar energy system to ensure proper operation. The inspection report must be filed with the Code Enforcement Officer.
(g)
No part of the solar farm/power plant, including the structure and panels, shall be used for the display of any advertising, decorative flags, streamers, or any other decorative items.
(h)
When any solar energy system is installed and before it becomes active, the owner of the site and/or developer of the solar array must contact the New Lebanon Fire Department emergency responders to make arrangements for a meeting at the site to review the components of the array and to be educated on safety issues and procedures for emergency response. This shall include detailed discussion related to the location of labeled warnings, access to the site and information on emergency disconnection of the system. In addition, during site plan, the Planning Board shall determine the appropriate size and location of placards which provide mutual aid responders with sufficient information to protect them when responding to calls on site.
(i)
Review of the application for any necessary approvals of any solar energy system under this section shall be conducted by the Town Engineer and Town Attorney. This review shall be funded by the applicant and paid from an escrow fee required at the time of application, and which shall be replenished upon invoice from the Town before additional review of the project by the Planning Board is able to proceed.
(j)
If construction of a project is not completed within 12 months after receiving final site plan approval, and the project has not been abandoned, a new special use permit must be obtained.
(k)
All owners of property upon which a large-scale solar energy system is located are required to enter into contracts with the Town to make payments in lieu of taxes (PILOT).