Walton Town City Zoning Code
ARTICLE X
Solar Energy
[Added 5-13-2019 by L.L. No. 2-2019]
§ 200-91 Authority.
This article is adopted pursuant to §§ 261 to 263 of the Town Law of the State of New York, which authorize the Town of Walton, New York, to adopt zoning provisions that advance and protect the health, safety, and welfare of the community, and, in accordance with the Town Law of New York State, "to make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor."
§ 200-92 Statement of purpose.
This article is adopted to advance and protect the public health, safety, and welfare of the Town by creating regulations for the installation and use of solar energy generating systems and equipment, with the following objectives:
To take advantage of a safe, abundant, renewable, and nonpolluting energy resource;
To decrease the cost of electricity to the owners of residential and commercial properties, including single-family houses;
To increase employment and business development in the Town, to the extent reasonably practical, by furthering the installation of solar energy systems;
To mitigate the impacts of solar energy systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources;
To create synergy between solar energy production and stated goals within the Town Comprehensive Plan, such as downtown revitalization and developing a more resilient sustainable community; and
To align the laws and regulations of the community with several policies of the State of New York, particularly those that encourage distributed energy systems.
§ 200-93 Definitions.
As used in this article, the following terms shall have the meanings indicated:
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.
Land, designated as "farmland of statewide importance" in the United States Department of Agriculture Natural Resources Conservation Service's (NRCS) 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.
The effect by reflections 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 for on-site consumption.
A solar energy system that is ground-mounted and produces energy primarily for the purpose of off-site sale or consumption.
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.
Bees, birds, bats, and other insects or wildlife that pollinates flowering plants, and includes both wild and managed insects.
Land, designated as "prime farmland" in the United States Department of Agriculture Natural Resources Conservation Service's (NRCS) 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.
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.
Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties.
Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.
The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. The area of a solar energy system includes all the land inside the perimeter of the solar energy system, which extends to any interconnection equipment. A solar energy system is classified as a Tier 1, Tier 2, or Tier 3 solar energy system as follows:
Tier 2 solar energy systems include ground-mounted solar energy systems with system capacity up to 20 kilowatt AC and that generate no more than 110% of the electricity consumed on the site over the previous 12 months.
Tier 3 solar energy systems are systems with a capacity above 20 kilowatt AC and that are not included in the list for Tier 1 and Tier 2 solar energy systems.
A photovoltaic device capable of collecting and converting solar energy into electrical energy.
A device that stores energy and makes it available in an electrical form.
§ 200-94 Applicability.
The requirements of this article shall apply to all solar energy systems permitted, installed, or modified in the Town, after the effective date of this article, excluding general maintenance and repair and building-integrated photovoltaic systems.
Solar energy systems constructed or installed prior to the effective date of this article shall not be required to meet the requirements of this article.
Modifications to an existing solar energy system that increase the solar energy systems area by more than 5% of the original area of the solar energy system (exclusive of moving any fencing) shall be subject to this article.
All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the New York State Uniform Fire Prevention and Building Code ("Building Code"), the New York State Energy Conservation Code ("Energy Code"), and the Town Code.
§ 200-95 General requirements.
A building permit shall be required for installation of all solar energy systems.
§ 200-96 Permitting requirements for Tier 1 solar systems.
All Tier 1 solar energy systems shall be permitted in all zoning districts and shall be exempt from site plan review under this chapter, subject to the following conditions for each type of solar energy systems:
Roof-mounted solar energy systems.
Roof-mounted solar energy systems shall incorporate, when feasible, the following design requirements:
Solar panels on pitched roofs shall be mounted with a maximum distance of eight inches between the roof surface and the highest edge of the system.
Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.
Solar panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.
Solar panels on flat roofs shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher.
Glare. All solar panels shall have antireflective coating(s).
Height. All roof-mounted solar energy systems shall be subject to the maximum height regulations specified for principal and accessory buildings within the underlying zoning district.
Building-integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the system.
§ 200-97 Permitting requirements for Tier 2 solar systems.
All Tier 2 solar energy systems shall be permitted in all zoning districts as accessory structures and shall be exempt from site plan review under this article or other land use regulations, subject to the following conditions:
Glare. All solar panels shall have antireflective coating(s).
Setbacks. Tier 2 solar energy systems shall be subject to the setback regulations specified for the accessory structures within the underlying zoning district. All ground-mounted solar energy systems shall only be installed in the side or rear yards in residential districts.
Height. Tier 2 solar energy systems shall be subject to the height limitations specified within the underlying zoning district.
Screening and visibility.
All Tier 2 solar energy systems shall have views minimized from adjacent properties to the extent reasonably practicable.
Solar energy equipment shall be located in a manner to reasonably avoid and/or minimize blockage of views from surrounding properties and shading of property to the north while providing adequate solar access.
Lot size. Tier 2 solar energy systems shall comply with the existing lot size requirement specified within the underlying zoning district.
§ 200-98 Permitting requirements for Tier 3 solar systems.
All Tier 3 solar energy systems are permitted through the issuance of a special use permit within all zoning districts, and subject to site plan application requirements set forth in this section.
Applications for the installation of Tier 3 solar energy system shall be:
Reviewed by the Code Enforcement Officer for completeness. Applicants shall be advised within 30 business days of receipt of their application. The Code Enforcement Officer will notify the applicants of the completeness of their application or any deficiencies that must be addressed prior to substantive review by the Planning Board.
Subject to a public hearing to hear all comments for and against the application. The Planning Board of the Town of Walton shall have a notice printed in a newspaper of general circulation in the Town at least five days in advance of such hearing. Applicants shall have delivered the notice by first class mail to adjoining landowners or landowners within 200 feet of the property at least 10 days prior to such a hearing. Proof of mailing shall be provided to the Planning Board at the public hearing.
Referred to the County Planning Board pursuant to General Municipal Law § 239-m, if required.
Upon closing of the public hearing, the Planning Board shall take action on the application within 62 days of the public hearing, which can include approval, approval with conditions, or denial. The sixty-two-day period may be extended upon consent by both the Planning Board and the applicant.
Underground requirements. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including, without limitation, any poles, with new easements and rights-of-way.
Vehicular paths. Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction.
Signage.
No signage or graphic content shall be displayed on the solar energy systems except the manufacturer's name, equipment specification information, safety information, and twenty-four-hour emergency contact information. Said information shall be depicted within an area no more than eight square feet.
As required by National Electric Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
Glare. All solar panels shall have antireflective coating(s).
Lighting. Lighting of the solar energy systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.
Tree cutting. Removal of existing trees larger than six inches in diameter should be minimized to the greatest extent possible.
Decommissioning.
Solar energy systems that have been abandoned and/or not producing electricity for a period of one year shall be removed at the owner's and/or operator's expense, which at the owner's option may come from any security made with the Town as set forth in § 200-100B herein.
A decommissioning plan (see example in Appendix A[1]) signed by the owner and/or operator of the solar energy system shall be submitted to the Town Board by the applicant, addressing the following:
The cost of removing the solar energy system.
The time required to decommission and remove the solar energy system and any ancillary structures.
The time required to repair any land which was disturbed by the installation and removal of the solar energy system. Upon completion of the decommissioning, the parcel of land shall be returned to the condition it was prior to the installation.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
Security.
The deposit, executions, or filing with the Town Clerk of cash, bond, or other form of security reasonably 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 restorations of the site subsequent to removal. The amount of the bond or security shall be 125% of the cost of removal of the Tier 3 solar energy system and restoration of the property with an escalator of 2% annually for the life of the 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, 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.
Site plan application. For any solar energy system requiring a special use permit, site plan approval shall be required. Any site plan application shall include the following information:
Property lines and physical features, including roads, for the project site.
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.
A one- or three-line electrical diagram detailing the solar energy system layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code-compliant disconnects and overcurrent devices.
A preliminary equipment specification sheet that documents all proposed solar panels, significant components, mounting systems, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.
Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the solar energy system. Such information of the final system installer shall be submitted prior to the issuance of building permit.
Name, address, phone number, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the solar energy system.
Zoning district designation for the parcel(s) of land comprising the project site.
Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.
Special use permit standards.
Lot size. The property on which the Tier 3 solar energy system is placed shall meet the lot size requirements of the underlying zoning district.
Setbacks. The Tier 3 solar energy systems shall comply with the setback requirements of the underlying zoning district for principal structures.
Height.
The Tier 3 solar energy systems shall comply with the building height limitations for principal structures of the underlying zoning district.
Lot coverage.
The following components of a Tier 3 solar energy system shall be considered included in the calculations for lot coverage requirements:
Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.
All mechanical equipment of the solar energy system, including any pad mounted structure for batteries, switchboard, transformers, or storage cells.
Paved access roads servicing the solar energy system.
Lot coverage of the solar energy system, as defined above, shall not exceed the maximum lot coverage requirement of the underlying zoning district.
Fencing requirements.
All mechanical equipment, including any structure for storage batteries, shall be enclosed by a seven-foot-high fence, as required by the National Electric Code (NEC), with a self-locking gate to prevent unauthorized access.
Screening and visibility.
Solar energy systems smaller than 10 acres shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area.
Solar energy systems larger than 10 acres shall be required to:
Conduct a visual assessment of the visual impacts of the solar energy system on public roadways and adjacent properties. At a minimum, a line-of-sight profile analysis shall be provided. Depending upon the scope and potential significance of the visual impacts, additional impact analyses, including for example a digital viewshed report, may be required to be submitted by the applicant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Submit a landscape plan to show adequate measures to screen through landscaping, grading, or other means so that views of solar panels and solar energy equipment shall be minimized as reasonably practical from public roadways and adjacent properties to the greatest extent feasible.
The landscape plan shall specify the 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. The landscape plan shall be reviewed by the Town Planning Board and approved as part of the site plan approval process. Existing vegetation may be used to satisfy all or a portion of the required landscaped screening.
Agricultural resources. For projects located on agricultural lands:
Any Tier 3 solar energy system located on the areas that consist of prime farmland or farmland of statewide importance shall not exceed 50% of the area of prime farmland or farmland of statewide importance on the parcel.
To the maximum extent practicable, Tier 3 solar energy systems located on prime farmland shall be constructed in accordance with the construction requirements of the New York State Agriculture and Markets Law.
Tier 3 solar energy system owners shall develop, implement, and maintain native vegetation to the extent practicable pursuant to a vegetation management plan by providing native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall use native plant species and seed mixes.
Ownership changes. If the owner or operator of the 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 solar energy system shall notify the Code Enforcement Officer of such change in ownership or operator within 30 days of the ownership change.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 200-99 Safety.
Solar energy systems and solar energy equipment shall be certified under the applicable electrical and/or building codes as required.
Solar energy systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local fire department and, if the Tier 3 solar energy system is located in an ambulance district, the local ambulance corps.
If storage batteries are included as part of the solar energy system, they shall meet the requirements of any applicable fire prevention and building code when in use and, when no longer used, shall be disposed of in accordance with the laws and regulations of the Town and any applicable federal, state, or county laws or regulations.
§ 200-100 Permit time frame and abandonment.
The special use permit and site plan approval for a solar energy system shall be valid for a period of 18 months, provided that a building permit is issued for construction or construction is commenced. In the event construction is not completed in accordance with the final site plan, as may have been amended and approved, as required by the Planning Board, within 18 months after approval, the applicant or the Town may extend the time to complete construction for 180 days. If the owner and/or operator fails to perform substantial construction after 24 months, the approvals shall expire.
Upon cessation of electricity generation of a solar energy system on a continuous basis for 12 months, the Town may notify and instruct the owner and/or operator of the solar energy system to implement the decommissioning plan. The decommissioning plan must be completed within 360 days of notification.
If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town may, at its discretion, utilize the bond and/or security for the removal of the solar energy system and restoration of the site in accordance with the decommissioning plan.
§ 200-101 Enforcement.
§ 200-102 Severability.
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.