Local Law #2-2018 Solar Final

TOWN OF NORTH HARMONY

LOCAL LAW NO. ___2___ OF 2018

A LOCAL LAW ENACTING REGULATIONS FOR SOLAR ENERGY SYSTEMS

Be it enacted by the Town of Board of the Town of North Harmony, County of Chautauqua, State of New York, as follows:

SECTION l. AUTHORITY.

This local law is promulgated pursuant to the authority granted by:    

1.    Article IX of the New York State Constitution, §2(c) (10);

2. New York  Statute of Local Governments,  §10( I ) and (7);

3. New York Municipal Home Rule Law, §10( l )(i) and (i i) and § 10( l )(a), (1 1 ), (12), and (14);

4. New York Town Law § 130 ( 11)(peace, good  order and safety), (15)(promotion  of public welfare); and

5. New York Town Law §64 (17-a)(protection  of aesthetic  interests),  (23)(general  powers).

SECTION  2. SOLAR ENERGY SYSTEM REGULATIONS.

A new Section 621 hereby added to the Town of North Harmony Zoning Code, and shall replace in its entirety the existing Section 621”Solar Energy Systems”, which shall provide as follows:

Section 621 – Solar Energy Systems

1.)  Purpose.  The Town Board of the Town North Harmony, exercising the authority granted to under the Town Law of the State of New York to protect the health, safety, and welfare of the residents and property owners of the Town of North Harmony, does hereby enact this Section to regulate the construction, maintenance and placement of solar energy systems and equipment in the Town of North Harmony. The purpose of this regulation is to balance the potential impact on neighbors when solar collectors may be installed near their property, while preserving the rights of property owners to install solar collection systems without excess regulation. The Town of North Harmony recognizes the importance of solar systems in generating electricity for on-premise and off-premise use, the reduction of greenhouse gas emissions and support for emerging solar system economic development.

2. Definitions.   As used in this Section, the following terms shall have the meaning indicated:

BUILDING-INTEGRATED  PHOTOVOLTAIC (BIPV) – A solar energy system that consists of integrating  photovoltaic modules into the building structure. Technologies include PV shingles or tiles, PV laminates and PV Glass.  Examples of placement include vertical  facades, semi-transparent  skylights, awnings, fixed awnings and roofs.

COLLECTIVE SOLAR – Solar installations owned collectively through subdivision homeowner associations or similar groups. Collective solar installations shall be regulated depending upon generation capacity as either large-scale, or small-scale system, as defined herein.

GLARE – A continuous source of brightness, relative to diffused lighting. This is not a direct reflection of the sun, but rather a reflection of the bright sky around the sun. Glare is significantly less intense than glint.

GLINT – Also known as “Specular reflection”, produced as a direct reflection of the sun on the surface of the PV solar panel. This is the potential source of the visual issues regarding viewer distraction.

GROUND MOUNTED SYSTEMS – A solar energy system that is anchored to the ground and attached to a pole or similar mounting system, detached from any other structure.

LARGE-SCALE SYSTEM – Solar energy systems located on land  in the Town of North Harmony  used

primarily to convert solar energy into electricity for off-site consumption or sale and/or systems that have the capacity to produce more than 25K W per hour of energy.

ROOF-MOUNTED SYSTEM – A solar power system in which solar panels are mounted on top of the structure of a roof either as a flush mounted system or as modules fixed to frames which can be tilted toward the sun at an optimal angle. Roof mounted systems shall be located on a roof of a permitted principal use or accessory structure.

SMALL-SCALE SOLAR – Small Scale Solar means a solar energy system that installed and placed for the production of energy for consumption only on site, and that has the capacity to produce less than 25K W per hour of energy.

SOLAR ENERGY EQUIPMENT – Energy storage devices, materials,  hardware, or electrical  equipment and conduit associated with the production of electrical energy.

SOLAR ENERGY PRODUCTION FACILITY – Energy Generation facility or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of wholesale or retail sales of electricity.

SOLAR ENERGY SYSTEM – Includes a combination of both solar panels and solar energy equipment.

SOLAR PANEL – A device capable of collecting and converting solar energy into electrical energy.

SOLAR STORAGE BATTERY – A device that stores energy from the sun and makes it available in an electrical form.

SOLAR THERMAL SYSTEMS – Solar-thermal systems directly heat water or other liquid using the heat of the sun. The heated liquid is used for such purposes as space heating and cooling, domestic hot water and heating pool water.

3. Applicability.

1. The requirements of this Section shall apply to all Solar Energy Systems installed or modified after the effective date of the local law by which it was adopted, excluding general maintenance and repair.

2. All Solar Energy Systems shall be designed, erected and installed or modified in accordance with all applicable codes, regulations and industry standards as referenced in the New York State Building Code and the Town Code as well as the National Electrical Code (NEC), National Fire Protection Code 70 (NFPA70), and local regulations.

3. Under SEQRA regulations, actions are classified as Type I, Type II, or Unlisted Actions. Type II Actions are exempt from review and include actions such as the construction, expansion or placement of minor or accessory structures. The Town of North Harmony considers Building-integrated solar components and Small-scale systems to be Type II Actions and therefore exempt from all SEQRA requirements, including the submission of an EAF (Environmental Assessment Form). Large Scale Systems and solar energy production facilities that meet thresholds contained in the SEQRA regulations and are considered more likely than others to have a significant adverse impact shall be considered Type I Actions. However, the need for a complete Environmental Impact Statement (EIS) shall be determined by the permitting board on a case-by-case basis in accordance with the significance of the potential adverse environmental impact.

4. Solar as an Accessory Use/Structure. 

1. This section governs the placement and installation of Small-scale Solar systems as defined herein. The installation of Small-scale Solar systems does require the applicant to obtain a building permit from the Town of North Harmony.

2. Roof-mounted Systems.

Roof-mounted Systems are permitted as an accessory use in all zoning districts when attached to a lawfully-permitted principal structure and/or accessory structure, subject to the following requirements:

[1] Height.  Solar energy systems shall not exceed maximum height restrictions with in any zoning district and are provided the same height exemptions granted to building-mounted mechanical devices and equipment.

[2] Setback.  Solar energy systems are subject to the setback requirements of the underlying zoning district.

[3] Aesthetics. Solar energy equipment shall incorporate the following design requirements:

[a] Roof-mounted panels facing the front yard must be mounted at the same angle as the roof’s surface with a maximum distance of 18 inches between the roof and highest edge of the system.

[b] Access and Pathways (NFPA Section 324.7). Roof access, pathways, and spacing requirements for solar photovoltaic systems shall be provided in accordance with NFPA Sections R324.7. 1 through R324.7.6

EXCEPTIONS:

[i] Roof access, pathways and spacing requirements need not be provided where an alternative ventilation method has been provided, or where vertical ventilation techniques will not be employed.

[ii] Detached garages and accessory structures.

[c] Size of solar photovoltaic array (324.7.1).  Each photovoltaic array shall not exceed 150 feet in any direction. (45,720 mm).

[d] Roof Access Points (324.1 .2). Roof access points shall be located:

[i] In areas that establish access path ways which are independent of each other and as remote from each other as practicable so as to provide escape routes from all points along the roof.

[ii] In areas that do not require the placement of ground ladders over openings such as windows or doors or areas that may cause congestion or create other hazards.

[iii] At strong points of building construction, such as corners, pilasters, hips, and valleys and other areas capable of supporting the live load from emergency  responders.

[iv] Where the roof access point does not conflict with overhead obstructions such as tree limbs, wires or signs.

[v] Where the roof access point does not conflict with ground obstructions such as decks, fences or landscaping.

[vi] In areas that minimize roof tripping hazards such as vents, skylights, satellite dishes, antennas, or conduit runs.

[e] Ground access areas (324.7.3).   Ground access areas shall be located directly beneath access roofs and roof access points. The minimum width of the ground access area shall be the full width of the access roof or roof access point, measured at the eave. The minimum depth shall allow for the safe placement  of ground  ladders for gaining entry to the access roof.

[f]  Single ridge roofs (324.7.4).   Panels, modules or arrays installed on roofs with a single ridge shall be located in a manner that provides two (2), 36 inches wide (914mm) access pathways extending from the roof access point to the ridge. Access pathways on opposing roof slopes shall not be located along the same plane as truss, rafter, or other such framing system that supports the pathway.

      EXCEPTIONS:

[i] Roofs with slopes of 2 units vertical in 12 units horizontal (16.6 percent) or less.

[ii] Structures where an access roof fronts a street, driveway or other area readily accessible to emergency responders.

[iii] One access pathway shall be required when a roof slope containing panels, modules or arrays is located not more than 24 inches (610 mm) vertically from an adjoining roof which contains an access roof.

[g]  Hip roof’s (324.7.5).   Panels, modules and arrays installed on dwellings with hip roofs shall be located in a manner that provides a clear access pathway not less than 36 inches (914mm), extending from the roof access point to the ridge or peak, on each roof slope where panels, modules or arrays are located.

EXCEPTIONS:

[i] Roofs with slopes of 2 units vertical in 12 units horizontal (16.6 percent) or less.

[ii] Structures where an access roof fronts a street, driveway or other area readily accessible to emergency responders

[h]   Roofs with valleys (324.7.6), Panels and modules shall not be located less than 18 inches (457 mm) from a valley.

EXCEPTIONS:

[i] Roofs with slopes of 2 units vertical in 12 units horizontal (16.6 percent) or less.

[i] Allowance for smoke ventilation operations (324.7.7).  Panels and modules shall not be located less than 18 inches (457 mm) from a ridge or peak.

EXCEPTIONS:

[i] Where an alternative ventilation method has been provided or where ve1tical ventilation methods will not be employed between the uppermost portion of the solar photovoltaic system and the roof ridge or pea k.

[ii] Detached garages and accessory structures.

[4]   Notification to the Fire Service.  Notification in writing to the Fire Department having operational authority at the location where the system will be installed shall be made no later than ten (10) days following installation:

[a] Notification shall include a site map showing the location of the solar energy electrical panel, as well as the proper operation of the disconnect switch(s) in the event of a fire or other emergency situation where the homeowner, tenant or other personnel is not available or familiar with the safe shut down operation of unit so as to have the ability to cut power from the solar panels.

[b]  In addition a proper written statement showing the method of shut down shall be posted  inside the main electrical panel of the u n it which can be readily accessible for and to firefighting personnel.

3. Ground Mounted Systems.

[1] Ground mounted solar energy systems are permitted as an accessory structure in the Agricultural (A), Agricultural-Residential (AR), Light Industrial (I-1) and Commercial (C-1) zoning districts, subject to the requirements set forth in this section.

[2] All ground mounted solar panels in residential districts shall be installed in the rear yard. If a side

      yard installation is applied for, it shall be subject to all setback requirements of the underlying

      zoning district, and such an application for side yard shall require site plan review by the Town of

      North Harmony Planning Board.

[3] Setback(s). Ground mounted solar panels are subject to setback requirements of the underlying zoning district.

[4]  Height. Solar panels are restricted to a height of fifteen (15) feet when located with a minimum set back distance of ten (10) feet from a lot line; a height of twenty (20) feet when  located with a minimum set back distance of fifteen (15) feet from a lot line; and maxi mum height of twenty five (25) feet when located with a setback distance of twenty five (25) feet or greater. All height measurements are to be calculated when the solar energy system is oriented at maximum tilt.

[5] Lot Coverage.  The surface area of ground mounted solar panels shall be included in lot coverage and impervious surface calculations and shall not exceed thirty percent (30%) of the lot size.

[6] Other:

[a] Any application for installation and placement of small scale solar energy system under this section in a side yard location shall require an application containing a site plan showing the location of all solar energy system components, their location on the premises, their location on the premises in relation to the property line and any and all structures on the premises, and the nearest structure located on the premises adjacent thereto.

   [b] The site plan for such installation shall be reviewed by the Planning Board and shall be

         approved by a majority thereof.

5. Solar as Principal Use.

1. Large Scale Solar Systems are permitted by the issuance of a special use permit by the Town Board within the Agricultural (A) District, subject to the requirements set forth in this section.

[1] Every application for a Large-Scale System within the Town of North Harmony shall be made to the Town Board and shall be approved by a majority vote thereof.

[2] Prior to Town Board review of the application it may refer said application to the Planning Board for site plan review, report and recommendation for approval or disapproval.

[3] The Town Board shall hold a public hearing upon ten (10) days notice duly posted and published in the official newspaper of the Town and on the Town bulletin board, before granting the special use permit.

2. Special Use Permit Application Requirements. Every application for a Special Use Permit under this section shall contain the following information:

[1] Verification of utility notification. Foreseeable infrastructure upgrades shall be documented and submitted. Off-grid systems are exempt from this requirement.

[2] Name, address, and contact information of the applicant, property owner(s) and agent submitting the proposed project application.

[3]  If the property of the proposed project is to be leased, legal consent among all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements.

[4]  Blueprints showing the layout of the proposed system signed by a Professional Engineer or Registered Architect.

[5] Equipment specification sheets for all photovoltaic panels,  significant components, mounting systems and invertors that are to be installed.

[6]  A property operation  and maintenance plan  describing continuing photovoltaic maintenance and property upkeep, such as mowing, trimming, etc.

[7]  Decommissioning Plan:

[a]  To ensure the proper  removal of large scale systems, the decommissioning plan shall include details regarding the removal of all infrastructures,  including the removal of concrete to a depth of four feet, and the remediation of soil and vegetation  back to its original state prior to construction,  unless otherwise permitted.  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 inflation into account.   In the case of a lease, the cost of decommissioning shall be borne by the entity or corporation that is leasing the property in question and not the landowner.

[b] A form of surety, through escrow, bond or the equivalency of, shall be established prior to the commencement of construction to cover the cost of decommissioning the site.  The amount of surety required may not exceed 125 percent of the estimated cost to decommission.

3. Special Use Permit Standards

[1]  Height and Setback: Large scale solar energy systems shall adhere to the height and setback requirements

       of the underlying zoning district. Additional restrictions may be imposed during the special use permit

       process.

[2] Large scale systems shall be located on lots with a minimum lot size that is large enough to accommodate the proposed system and still meet the required setback requirements for the zoning district.

[3] All large scale solar energy systems shall be enclosed by fencing to prevent unauthorized access. Warning signs shall be placed on the entrance and perimeter of the fencing. The height and type of fencing shall be determined by the special use permit process.

[4]  On-site electrical interconnection lines and distribution lines shall be placed underground, unless otherwise required by the utility.

[5]  The removal of existing vegetation shall be limited to the extent necessary for the construction  and maintenance of the solar installation.

6. Solar Storage Batteries.

1. If solar storage batteries are included as part of the Solar Energy Collection system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code.  All solar storage batteries, their maintenance, placement, and location shall also comply with all applicable rules and regulations as promulgated by New York State  Building Code and the National Electric Code.

2. When batteries are no longer in use, they shall be disposed of in accordance with the laws of the State of New York and any applicable Federal or Local disposal rules or regulations.

7. Violations.

1. Any violation of any provisions of this section shall be punishable by penalty or a term of imprisonment as prescribed in Section 268 of the Town Law of the State of New York.

2. Notwithstanding the above, the Town Board of the Town of North Harmony hereby reserves the right to proceed to enforce the provisions of this section by civil action, injunction, and any other remedy afforded to it by the laws of the State of New York or the United States.

SECTION  3.     VALIDITY AND SEVERABILITY.

If any part or provision of this Local Law shall be declared invalid, void, unconstitutional or unenforceable by a court of law, all unaffected provisions hereof shall survive such declaration and this Local Law shall remain in full force and effect as if the invalidated portion had not been enacted.

SECTION  4. EFFECTIVE DATE.

This Local Law shall take effect immediately upon filing with the Secretary of State of the State of New York.