The Regular Town Board Meeting was held on May 5, 2016 at 7:00pm at the Town of Rochester Town Hall.
PRESENT:
Supervisor Chipman Councilwoman Chachkin Councilwoman Fornino
Councilman Drabkin Councilman Spano Town Clerk Gundberg
Attorney Christiana
PLEDGE:
Supervisor Chipman opened the meeting and led in the Pledge of Allegiance to the Flag.
PUBLIC COMMENT:
Lynn Archer read aloud a letter from the Rondout Valley Business Association for the record;
Dear Town Board Members,
The Rondout Valley Business Association was happy to learn the Town convened a group to develop a Solar policy for the Town Code. While we support solar energy we also support a balance approach to how it fits within our community and believe code for solar of all sizes and applications should be developed to help to preserve our view sheds, protect the health or welfare of our citizens and provide economic opportunity.
We understand that tonight there will a proposal presented that addresses personal use of solar for homes, agricultural and business. What is causing the RVBA to have grave concerns is the recent development which calls for the newly developed Solar policy recommendations to be tabled as relates to medium and large scale facilities, solar farms or for-profit installations. This could be detrimental to the Town and its residents and provides no guidance for medium to large scale for-profit operations. By not passing, all inclusive, solar legislation it appears the Town Board is leaving the decision-making to the Planning Board without the appropriate tools. For example, without addressing decommissioning of the installations after their estimated 20 years of usage( the end of their value to the solar company) Rochester may be graduating from tires on the side of the road to a wasteland of abandoned solar panels. Even if the land owner is now the recipient of these solar farms, what happens when the technology becomes obsolete, can the landowner afford the cost of decommissioning or will it just be abandoned for the county and town to clean-up. We understand that Ulster County is currently considering 2 20 acre sites and have prospectively built into their contract the cost of decommissioning, why not the for profit companies. Additionally, without establishing the appropriate setbacks for these large farms, you put at risk the health and welfare of resident’s in the vicinity of these operations, as well as potentially impacting their property values. Also in a County where approximately 50% of the revenue comes from Agriculture and 50% from tourism, the issue of view shed, as relates to the placement of these medium to large installations needs to be taken into consideration.
We implore the Board to act responsibly by putting one policy in place that addresses solar for all types of applications and to do so before approving any large scale plan that would be used to set a precedent. By not acting on this important issue, we let large corporations set the course for the town. We also ask that the Board adopt a moratorium on this type of development for a period of 3 to 6 months while the policy is created.
Richard Travers
President of the Rondout Valley Business Association
APPROVAL OF MINUTES:
A Motion was made by Councilwoman Chachkin to approve the minutes of 4/7/16 Regular Town Board Meeting, the 4/21/16 Special Meeting & the 4/28/16 Audit Workshop Meeting.
Seconded by: Councilman Spano 5-0aye, motion carried
SUPERVISOR’S REPORT: filed with the Town Clerk
SUPERVISOR UPDATE:
Supervisor Chipman stated the expansion at the Community Center scheduled for mid- summer has been pushed back a bit. New electrical and heating systems have been added to the proposal.
Supervisor Chipman apologized to the residents for pushing the public hearing on the solar code in April. “The ZRC worked hard and diligently on the solar law and we pushed for it to go to public hearing. Members of the Board didn’t have time to review it, and residents felt that their input should be considered in the process of the law & I agree.”
CORRESPONDENCE:
Supervisor Chipman asked the board to review the letter to Ulster County Director of Emergency Management. If there are any questions please let Supervisor Chipman know by Monday.
LEGAL UPDATES:
LIASION/ COMMITTEE REPORTS:
Councilwoman Chachkin: Planning Board: 4/11 conditional final approval granted for Arrowood Farm. Public Hearing was closed on major subdivision called Catskill Farm Inc. On 5/9/16 minor subdivision for 2 lot subdivision on Tobacco Rd & proposed change of existing structure for a private education facility on Lucas Tpke will be heard.
ZRC: presenting a new draft tonight on section one of the solar energy code as per the Boards request.
Councilwoman Fornino: Youth Commission: Mother’s Day brunch is scheduled for 5/6/16 10:30-12:00. Summer Program is full with a long waiting list. Memorial Day parade is scheduled to kick off at 1:00, line up is at 12pm. Memorial service will take place at 11:30 at the Veteran’s Memorial Park.
Councilman Drabkin: nothing to report
Councilman Spano: nothing to report
Supervisor Chipman: Assessor’s office: 620 parcels have been completed for the data verification project. The tentative assessment roll is completed. Grievance day is 5/27/2016 from 4-8pm.
ECC: Earthday clean up: 124 tires collected, 7900 lbs of trash ( in 2015; 5980 lbs of trash was collected ) A consultant agency was chosen for the natural resource planning grant.
HPC: 4/18 meeting topic of discussion was HARP project. Supervisor Chipman thanked Councilman Drabkin for organizing the meeting. Officers of the HARP project:
Lynn Archer, Chair
Elaine LaFlamme, Vice-Chair
Howard Kagen, Recording Secretary
NEW/OLD BUSINESS:
NATURAL RESOURCE PLAN RESOLUTIONS FOR GRANT:
Resolution # 87 -2016:
A Motion was made by Councilwoman Chachkin and Seconded by Supervisor Chipman that;
WHEREAS, Rochester has obtained a 2015 Hudson River Estuary Grant from the New York State Department of Environmental Conservation in the amount of $ 50,000.00 for Rochester and Wawarsing to conduct a collaborative Open Space Plan in accordance with the dictates of the grant agreement; and
WHEREAS, said grant calls for the formation of an advisory board comprised of representatives of both Rochester and Wawarsing; and
WHEREAS, the grant requires that 20 per cent matching funds be provided by the Grant Recipient( Rochester) under the Grant Agreement; and
It is hereby agreed by Rochester and Wawarsing as follows:
1. Rochester and Wawarsing shall appoint a joint advisory board consisting of one Town Official, one member of the ECC, and one member of the public, from each Town, for a total of six member advisory board.
2. The Advisory Board shall work with the Towns, the Department of Environmental Conservation, and any consultant hired pursuant to this grant agreement and shall perform the tasks outlined in “ Attachment C- Work Plan, of the Grant Agreement between Rochester and the State of New York Department of Environmental Conservation, as fully executed on March 29, 2016. “ A copy of which is annexed hereto. The Advisory Board shall also review and any assist in preparing documentation required in the grant agreement, working with the Rochester Supervisor to submit the appropriate documentation to the Department of Environmental Conservation.
3. Further, the Advisory Board shall review all proposals submitted by consultants in response to the request for proposals and shall make recommendations to the Towns as to which consultant to hire for preparation of the Open Space Plan. The final decision with regard to the hiring of a consultant shall be made by resolution of each Town Board.
4. The matching funds required pursuant to the Grant Agreement Shall be paid by the Rochester , and Wawarsing shall reimburse Rochester for fifty percent of said payments, upon audit of same. Total matching funds shall not exceed Ten Thousand Dollars with each Town paying no more than five thousand toward same.
5-0 ayes, motion carried
Supervisor Chipman stated that the funds will come out of the ECC account.
HIRE OF NATURAL RESOURCE CONSULTANT:
Resolution # 88-2016:
A Motion was made by Councilwoman Chachkin to hire Church & Nicholson Consultants for the Natural Resource Inventory.
Seconded by: Councilman Spano 5-0 ayes, motion carried
NEFF SOLAR FARM:
Supervisor Chipman stated an application for a solar farm on Lucas Ave has been submitted. The application was referred to the Town Board by the Code Enforcement Office. According to Town Code the application would go before the Town Board to be heard. If the application is approved the Town Board shall schedule a public hearing.
Resolution # 89-2016:
A Motion was made by Councilman Drabkin to schedule a public hearing for 6/2/2016 at 7pm at the Town of Rochester Town Hall regarding : solar application on Lucas Ave in an AR3 district and furthermore for the Town Clerk to advertise the same.
Seconded by: Councilwoman Chachkin
DISCUSSION:
Councilman Spano stated at the last audit workshop meeting that he spoke to the building department two days prior and no site plan was submitted now looking at the application there is a site plan and 3 different dates listed. Which date do we go by?
There was a discussion about the discrepancy in dates.
Councilman Drabkin suggested having Brenda e-mail them clarifying filing dates.
ROLL CALL:
Councilwoman Chachkin aye
Councilwoman Fornino nay
Councilman Drabkin aye
Councilman Spano nay
Supervisor Chipman nay 3-2, motion not carried
SMALL SCALE SOLAR LAW PRESENTATION:
Supervisor Chipman stated the ZRC split the solar law into two sections as requested by the Town Board and are ready to present the proposal to the board.
Councilman Drabkin stated the law was so complicated, he would like to review it prior to hearing a presentation.
Supervisor Chipman said he is not asking for the Board to vote on this tonight, nor is he looking to schedule a public hearing yet. The idea of the presentation is to have the ZRC present the information given and for the board to ask any questions.
Councilman Drabkin stated he wasn’t comfortable hearing the presentation.
Resolution # 90-2016:
A Motion was made by Councilman Drabkin to table the solar presentation until the Board receives and reviews the solar law.
Seconded by: Councilwoman Fornino
DISCUSSION:
Supervisor Chipman stated that he isn’t asking for decisions to be made tonight. He would like to see the presentation, the Board can ask questions, take it home, share it with their constituents, educate themselves and bring it back for discussion at the audit meeting.
Councilman Spano stated that we asked the ZRC to strip apart sections of the solar energy law, and he would like to hear what they have to say. The presentation gives an opportunity to review new proposed changes, digest it and move forward.
ROLL CALL:
Councilwoman Chachkin nay
Councilwoman Fornino nay
Councilman Drabkin aye
Councilman Spano nay
Supervisor Chipman nay
4-1, motion not carried
Drabkin exits at 7:55PM
Chapter 140 of the Code of the Town of Rochester with regard to Solar Energy
Section 2 Subsection § 140-11 Height Restrictions shall be amended as follows
No building or structure shall exceed in building height or maximum stories the number of feet permitted as a maximum on the Schedule of District Regulations for the district where such building or structure is located. These standards shall not apply to agricultural structures, communications towers, elevator shafts, similar unoccupied mechanical spaces and energy generation equipment connected with another otherwise
permitted use. Such height exceptions shall be subject to all specific regulations that may apply to such uses.
Section 3 Subsection § 140-13 (G) Accessory Structures and Uses shall be amended as follows:
G. Solar Energy Structures. See § 140-37 Solar Energy
Section 4 A new subsection § 140-37 Solar Energy shall be added as follows:
§ 140-37 Solar Energy
A. Purpose. The Town of Rochester recognizes that solar energy is a clean, readily available, and renewable energy source. Development of solar energy systems for residential, agricultural, and non-residential parcels onsite use of solar energy provides an excellent opportunity for the reuse of land throughout the Town and offers an energy resource that can act to attract and promote green business development. The Town of Rochester has determined that comprehensive regulations regarding the development of solar energy systems is necessary to protect the interests of the Town, its residents, and its businesses. This article is intended to promote the effective and efficient use of
solar energy resources; set provisions for the placement, design, construction, and operation of such systems to uphold the public health, safety, and welfare; and to ensure that such systems will not have a significant adverse impact on the aesthetic qualities and character of the Town. It is therefore the intent of this section to provide adequate safeguards for the location, siting and operation of solar energy facilities.
B. Definitions. The following definitions shall apply specifically to this subsection. Any words defined in
§ 140-3 of this code shall retain such definition.
Alternative Energy Systems – Structures, equipment, devices or construction techniques used for the production of heat, light, cooling, electricity or other forms of energy on site and may be attached to or separate from the principal structure.
Area of Use – The area within the parcel measured from the outer edge(s) of the arrays, inverters, batteries, storage cells and all other mechanical equipment used to create solar energy, exclusive offencing and roadways.
Building-Integrated Photovoltaic (BIPV) Systems – A solar energy system that consists of integrating photovoltaic modules into the building structure, such as the roof or the façade and which does not alter the relief of the roof.
Collective Solar – Solar installations owned collectively through subdivision homeowner associations, college student groups, “adopt-a-solar-panel” programs, or other similar arrangements.
Community Net Metering — As provided for by the NY State Public Service Commission.
Flush-Mounted Solar Panel – Photovoltaic panels and tiles or other solar collectors that are installed flush to the surface of a building roof and which cannot be angled or raised.
Freestanding, Pole Mounted, or Ground-Mounted Solar Energy System – A solar energy system that is directly installed in the ground by method of mounting on a pole or frame and is not attached or affixed to a building or structure.
Kilowatt (kW) – Equal to 1000 Watts; a measure of the use of electrical power.
Megawatt (MW) – Equal to 1000 Kilowatts; a measure of the use of electrical power.
Net-Metering – A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid so that they only pay for their net electricity usage .
Onsite Use – A solar energy system designed to be used primarily by the building or parcel on which it is located.
Photovoltaic (PV) Systems – A solar energy system that produces electricity by the use of
semiconductor devices, called photovoltaic cells that generate electricity whenever light strikes them.
Qualified Solar Installer – A person who has skills and knowledge related to the construction and
operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. Persons who are not on NYSERDA’s list of eligible installers or NABCEP’s list of certified installers may be deemed to be qualified solar installers if the Town determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts.
Remote Net Metering – As provided for by the NY State Public Service Commission.
Rooftop Or Building-Mounted Solar System – A solar power system in which solar panels are mounted on top of a building or structure either as a flush-mounted system or as modules fixed to frames which can be tilted toward the south at an optimal angle.
Solar Access – Space open to the sun and clear of overhangs or shade including the orientation of
streets and lots to the sun so as to permit the use of active and/or passive solar energy systems on
individual properties.
Solar Collector – A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
Solar Easement – An easement recorded pursuant to NY Real Property Law § 335-b.
Solar Electric Generating Equipment – As defined in the New York State Public Service Law §66-j, as may be amended from time to time. A photovoltaic system (i) (A) in the case of a residential customer (other than a farm utilizing a residential meter), with a rated capacity of not more than twenty-five kilowatts; _(B) in the case of a customer who owns or operates a farm operation as such term is defined in subdivision eleven of section three hundred one of the agriculture and markets law utilizing a residential meter with a rated capacity of not more than one hundred kilowatts; _and (C) in the case of a non-residential customer, with a rated capacity of not more than two thousand kilowatts; _and (ii) that is manufactured, installed, and operated in accordance with applicable government and industry standards, that is connected to the electric system and operated in conjunction with an electric corporation’s transmission and distribution facilities, and that is operated in compliance with any standards and requirements established under this section.
Solar Energy Facility/System – Solar collectors, controls, solar-related equipment and other accessory structures and buildings, energy storage devices, inverters, heat pumps, heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities, materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation and distributed.
Solar systems include solar thermal, photovoltaic and concentrated solar.
Solar Energy System Designed for Subdivision Use – A collective solar energy system occupying J two (2) acres area of use consisting of ground–mounted solar arrays or roof panels, and associated control or conversion electronics and that will be used to produce utility power to provide energy only for the onsite use of the specific lots associated with a major or minor subdivision.
Solar Energy System, Small Scale – Solar photovoltaic systems which generate power exclusively for onsite use by the owners, lessees, tenants, residents, or other occupants of the premises of the building or lot to which they are attached and do not provide energy for any other lots, except as may be allowable under NY State or federal regulation.
Solar Garden: – Groupings of solar photovoltaic solar panels connected to an electric circuit served by an electric utility company. Multiple users may subscribe to receive the output from one or more panels, receive the benefits of PV technology and the efficiencies associated with a larger-scale project without having to own, host or maintain the equipment on their own property.
Solar Panel – A device for the direct conversion of solar energy into electricity.
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 sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water, and heating pool water.
Tilt – The angle of the solar panels and/or solar collector relative to their latitude. The optimal tilt to maximize solar production is perpendicular, or 90 degrees, to the sun’s rays at true solar noon.
True Solar Noon – When the sun is at its highest during its daily east-west path across the sky.
C. Permit Requirements
(1) All solar energy system installations shall be performed by a qualified solar installer.
(2) A solar energy system connected to the utility grid shall provide written proof from the local utility company acknowledging the solar energy facility will be interconnected to the utility grid. Any connection to the public utility grid must be inspected by the appropriate public utility.
(3) Solar energy systems shall meet New York’s Uniform Fire Prevention and Building Code and National Electrical Code standards.
(4) A plan showing location of major components of solar system and other equipment on roof or legal accessory structure. This plan should represent relative location of components at site, including, but not limited to, location of array, existing electrical service location, utility meter, inverter location, system orientation and tilt angle shall be provided. This plan shall show access and pathways that are compliant with New York State Fire Code, if applicable.
(5) Specification Sheets for all manufactured components.
(6) All diagrams and plans must include the following: (a) Project address, section, block and lot
number of the property; (b) Owner’s name, address and phone number;(c) Name, address and
phone number of the person preparing the plans; and (d) System capacity in kW‐DC.
(7) Prior to operation, electrical connections must be inspected by an appropriate electrical inspection person or agency, as determined by the Town of Rochester.
D. Safety
(1) Solar energy systems shall be maintained in good working order.
(2) All solar energy systems shall be designed and located in order to prevent reflective glare from impacting roadways and contiguous properties to the maximum extent practicable.
(3) If solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of the Town of Rochester and other applicable laws and regulations.
E. Exceptions.
(1) Applicability. To the extent practicable, and in accordance with Town of Rochester law, the
accommodation of solar energy systems and equipment and the protection of access to sunlight for such equipment shall be encouraged in the application of the various review and approval
provisions of the Town of Rochester Code.
(2) A rooftop or building-mounted solar energy system, as defined herein, may extend a maximum five (5) feet above the roof surface even if this exceeds the maximum height limit for the principal structure for the district in which it is located, as illustrated in the Schedule of District regulations of this code, provided all other standards of this subsection are met. See also
§ 140-11 Height Restrictions.
(3) The Planning Board, in conjunction with the review of a specific subdivision, site plan, or special use application may also appropriately modify other development standards, including but not limited to building height, to accommodate solar and other energy efficient systems.
(4) No homeowner or property owner association shall prohibit solar energy systems, Covenants and restrictions connected with projects requiring special use permits, site plan review or subdivision approval shall be reviewed for purposes of ensuring there are no such prohibitions.
F. Solar-thermal systems and Building-Integrated Photovoltaic (BIPV) Systems: Solar-thermal systems and Building-Integrated Photovoltaic (BIPV) Systems are permitted outright in all zoning districts, subject to building permits if determined required.
G. Small Scale Solar Energy System
(1) Applicability
a) For purposes of this local law, the term Small Scale Solar refers to solar photovoltaic systems
which generate power exclusively for onsite use by the building or lot to which they are
attached, and do not provide energy for any other lots. The use and/or structure shall be
accessory to the main use and/or structure and shall be incidental, related, appropriate and
clearly subordinate.
b) Solar energy collectors shall be permitted only to provide power for use by owners, lessees,
tenants, residents, or other occupants of the premises on which they are erected, but nothing
contained in this provision shall be construed to prohibit collective solar installations or the sale
of excess power through a net billing or net-metering arrangement in accordance with New
York Public Service Law § 66-j or similar state or federal statute.
c) No Small Scale solar energy system or device shall be installed or operated in the Town of
Rochester except in compliance with this article.
(2) Residential Use Small Scale Solar Energy Systems
a) Residential Use Small Scale Rooftop and Building-Mounted Solar Collectors: Rooftop and
building-mounted small scale solar collectors are permitted as an accessory use in all zoning
districts in the Town of Rochester subject to building permits.
b) Residential Use Small Scale Ground-Mounted and Free Standing Solar Collectors:
1. Residential use ground-mounted and free standing small scale solar collectors that meet
and do not exceed the rated capacity definition of Solar Electric Generating Equipment; as
defined in the New York State Public Service Law §66-j, as may be amended from time to
time; are permitted as accessory structures in all zoning districts of the Town of Rochester,
subject to the following conditions:
a. Building permits are required for the installation of all ground-mounted solar collectors.
b. The location of the solar collector meets all applicable development standards for
accessory structures in the zoning district in which it is located.
c. The height of the solar collector and any mounts shall not exceed fifteen (15) feet
when oriented at maximum tilt.
2. Residential use ground-mounted and free standing small scale solar collectors that exceed
the rated capacity definition of Solar Electric Generating Equipment; as defined in the New
York State Public Service Law §66-j, as may be amended from time to time; are permitted
as an accessory structure in all zoning districts of the Town of Rochester, subject to the
following conditions:
a. Site plan approval shall be secured from the Planning Board for such use. Such
matters shall be considered Type II actions under SEQRA.
b. Building permits are required for the installation of all ground-mounted solar collectors.
c. The location of the solar collector shall meet all applicable development standards for
accessory structures in the zoning district in which it is located.
d. The height of the solar collector and any mounts shall not exceed fifteen (15) feet
when oriented at maximum tilt.
e. Where such use will be contiguous to other residential uses, there shall be increased
consideration for mitigating impacts to the residential use. For example, increased
setbacks, visual screening that does not impair solar access, or sound buffering may
be required by the Planning Board.
f. A stormwater, erosion, and slope analysis of the land shall be required to be assessed
by a New York State licensed professional engineer for the site and any road used to
access the site. The total area of the face of all solar panels shall be calculated and
considered impervious surface. The applicant shall comply with the State Pollutant
Discharge Elimination System guidelines. A SWPPP (Stormwater Pollution Prevention
Plan) shall be prepared, if determined to be required, and all local stormwater
regulations shall be complied with.
(3) Agricultural Use and Farm Operation Small Scale Solar Energy Systems
a) For the purposes of this section of code, the terms agricultural use and farm operation shall be
construed as defined in §140-3 of this code.
b) Agricultural Use and Farm Operation Small Scale Rooftop and Building-Mounted Solar
Collectors: Rooftop and building-mounted small scale solar collectors are permitted as an
accessory use in all zoning districts in the Town of Rochester subject to building permits.
c) Farm Operation Small Scale Ground-Mounted and Free Standing Solar Collectors:
1. Farm Operation ground-mounted and free standing small scale solar collectors that meet
and do not exceed the rated capacity definition of Solar Electric Generating Equipment; as
defined in the New York State Public Service Law §66-j, as may be amended from time to
time; are permitted as accessory structures in all zoning districts of the Town of Rochester,
subject to the following conditions:
a. Solar devices that do not exceed 110% of the farm’s anticipated electrical needs shall be considered to be on-farm equipment. If the farm is eligible for remote net metering, multiple meters may be combined to determine the electrical needs of the on-farm equipment. The solar device must be part of a “farm operation” which otherwise meets NY State Agriculture and Markets law §301(11) definition of that term.
b. Building permits are required for the installation of all ground-mounted solar collectors.
c. The location of the solar collector meets all applicable development standards for accessory structures in the zoning district in which it is located.
d. The height of the solar collector and any mounts shall not exceed fifteen (15) feet when oriented at maximum tilt.
2. Farm operation ground-mounted and free standing small scale solar collectors that exceed the rated capacity definition of Solar Electric Generating Equipment; as defined in the New York State Public Service Law §66-j, as may be amended from time to time; are permitted as an accessory structure in all zoning districts of the Town of Rochester, subject to the following conditions:
a. An expedited Site Plan approval, pursuant to NYS Ag & Markets guidelines, shall be secured from the Planning Board for such use. The requirements for such Site Plan shall be as follows. Such matters shall be considered Type II actions under SEQRA.
i. Sketch of the parcel on a location map (e.g., tax map) showing boundaries and dimensions of the parcel of land involved and identifying contiguous properties and any known easements or rights-of-way and roadways. Show the existing features of the site including land and water areas, water or sewer systems, utility lines, and the approximate location of all existing structures on or immediately adjacent to the site.
ii. Show the proposed location and arrangement of the small solar device on the site.
iii. Include copies of plans or drawings prepared by the manufacturer.
iv. Provide a description of the project and a narrative of the intended use of the proposed solar device, including any anticipated changes in the existing topography and natural features of the parcel to accommodate the changes. Include the name and address of the applicant and any professional advisors. If the applicant is not the owner of the property, provide authorization of the owner.
v. A legible electrical diagram using unique line characteristics and standard symbols
to clearly describe the solar device as it will be installed. The diagram must show
all major system components from the solar device to the utility meter.
b. Building permits are required for the installation of all ground-mounted solar collectors.
c. The location of the solar collector meets all applicable development standards for
accessory structures in the zoning district in which it is located.
d. The height of the solar collector and any mounts shall not exceed fifteen (15) feet
when oriented at maximum tilt.
e. A stormwater, erosion, and slope analysis of the land shall be required to be assessed
by a New York State licensed professional engineer for the site and any road used to
access the site. The total area of the face of all solar panels shall be calculated and
considered impervious surface. The applicant shall comply with the State Pollutant
Discharge Elimination System guidelines. A SWPPP (Stormwater Pollution Prevention
Plan) shall be prepared, if determined to be required, and all local stormwater
regulations shall be complied with.
f. A decommissioning plan, as detailed in 140-37 (I), shall be prepared
d) Agricultural Use Small Scale Ground-Mounted and Free Standing Solar Collectors:
1. Agricultural use ground-mounted and free standing small scale solar collectors that meet
and do not exceed the rated capacity definition of Solar Electric Generating Equipment; as
defined in the New York State Public Service Law §66-j, as may be amended from time to
time; are permitted as accessory structures in all zoning districts of the Town of Rochester,
subject to the following conditions:
a. Building permits are required for the installation of all ground-mounted solar collectors.
b. The location of the solar collector meets all applicable development standards for
accessory structures in the zoning district in which it is located.
c. The height of the solar collector and any mounts shall not exceed fifteen (15) feet
when oriented at maximum tilt.
2. Agricultural use ground-mounted and free standing small scale solar collectors that exceed
the definition of Solar Electric Generating Equipment; as defined in the New York State Public Service Law §66-j, as may be amended from time to time; are permitted as an accessory structure in all zoning districts of the Town of Rochester, subject to the following
conditions:
a. Site Plan approval shall be secured from the Planning Board for such use.
b. Building permits are required for the installation of all ground-mounted solar collectors.
c. The location of the solar collector shall meet all applicable setback requirements for accessory structures in the zoning district in which it is located.
d. The height of the solar collector and any mounts shall not exceed fifteen (15) feet when oriented at maximum tilt.
e. Where such use will be contiguous to residential uses, there shall be increased consideration for mitigating impacts to the residential use. For example, increased setbacks, visual screening that does not impair solar access, or sound buffering may be required by the Planning Board.
f. A stormwater, erosion, and slope analysis of the land shall be required to be assessed
by a New York State licensed professional engineer for the site and any road used to access the site. The total area of the face of all solar panels shall be calculated and considered impervious surface. The applicant shall comply with the State Pollutant Discharge Elimination System guidelines. A SWPPP (Stormwater Pollution Prevention Plan) shall be prepared, if determined to be required, and all local stormwater regulations shall be complied with.
g. A decommissioning plan, as detailed in 140-37 (I), shall be prepared
(4) Non-Residential Small Scale Solar Energy Systems
a) Non-Residential Use Small Scale Rooftop and Building-Mounted Solar Collectors: Rooftop and building-mounted small scale solar collectors are permitted as an accessory use in all zoning
districts in the Town of Rochester subject to building permits.
b) Non-Residential Use Small Scale Ground-Mounted and Free Standing Solar Collectors:
1. Non-Residential use ground-mounted and free standing small scale solar collectors are
permitted as an accessory structure in all zoning districts of the Town of Rochester, subject to the following conditions:
a. Site Plan approval shall be secured from the Planning Board for such use.
b. Building permits are required for the installation of all ground-mounted solar collectors.
c. The location of the solar collector shall meet all applicable development standards for accessory structures in the zoning district in which it is located.
d. The height of the solar collector and any mounts shall not exceed fifteen (15) feet when oriented at maximum tilt.
e. The applicant shall provide the means of restricting access by the public to the solar collector and indicate such on the site plan.
f. A sign no greater than two square feet indicating the name of the facility owner(s) and a 24-hour emergency telephone number shall be posted. In addition, “No Trespassing” or other warning signs may be posted. All signage shall be maintained in legible condition and contain accurate information. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations. No signage of any kind shall be allowed to be attached to solar panels or support structures, except any required safety warnings.
g. Where such use will be contiguous to residential uses, there shall be increased consideration for mitigating impacts to the residential use. For example, increased setbacks, visual screening that does not impair solar access, or sound buffering may be required by the Planning Board.
h. A stormwater, erosion, and slope analysis of the land shall be required to be assessed by a New York State licensed professional engineer for the site and any road used to access the site. The total area of the face of all solar panels shall be calculated and considered impervious surface. The applicant shall comply with the State Pollutant Discharge Elimination System guidelines. A SWPPP (Stormwater Pollution Prevention Plan) shall be prepared, if determined to be required, and all local stormwater regulations shall be complied with.
i. A decommissioning plan, as detailed in 140-37 (I), shall be prepared
H. Solar Energy System Designed for Subdivision Use
(1) When an application for Subdivision is presented to the Planning Board, which plans include
incorporation of a solar energy system as a community energy source, the following criteria for the review and use shall be considered.
a) Solar energy collectors shall be permitted only to provide power for use by owners, lessees,
tenants, residents, or other occupants of the subdivision on which they are erected, but nothing
contained in this provision shall be construed to prohibit collective solar installations or the sale
of excess power through a net billing or net-metering arrangement in accordance with New
York Public Service Law § 66-j or similar state or federal statute.
b) The solar energy system shall be located on one or more lots of the subdivision.
c) All solar energy systems shall be designed, erected and installed in accordance with all
applicable codes, regulations and standards.
d) A Homeowner’s Association shall be established for the operation and maintenance of the
solar energy system.
(2) Shall be permitted under the Schedule of District Regulations when authorized by Site Plan
approval from the Planning Board in conjunction with minor or major subdivision review subject to the following terms and conditions in the AR-3, R-1, R-2, R-5, and H zoning districts so long as the solar energy system meets the criteria set forth in this subsection and Chapter 140, subject to obtaining all other necessary approvals.
(3) Site Plan requirements. A solar energy system designed for use in conjunction with a specific
subdivision use shall comply with all the site plan requirements of Chapter 140 in addition to the
subdivision requirements of Chapter 125. Additional requirements for the use shall include but not be limited to the following:
a) Maximum area. The maximum area of use for a solar energy system designed for a specific
subdivision use shall occupy J two (2) acres of land area of use.
b) Height: The maximum height for freestanding solar panels located on the ground or attached to a framework located on the ground shall not exceed fifteen (15) feet in height above the
ground.
c) The location of the solar collector shall meet all applicable development standards for accessory structures in the zoning district in which it is located.
d) The solar energy system shall be preferably located on an interior lot of the subdivision and
placed away from contiguous residential use. Where a solar energy system designed for a
specific subdivision use will abut other residential uses outside the boundaries of the subdivision, there shall be increased consideration for mitigating visual impact to the residential use. For example, increased setbacks, visual screening that does not impair solar access, or sound buffering may be required by the Planning Board.
e) A minimum twenty-five (25) foot perimeter buffer; except for the area of roadway access; which may be partially or totally within the subdivision perimeter lot line setback, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings in accordance with Town of Rochester zoning code standards, as may be required by the Planning Board, shall be
provided around all mechanical equipment and solar panel arrays to provide screening from
adjacent properties and Town, county and state roads.
f) Existing on-site vegetation designated to be utilized as screening shall be preserved to the
maximum extent possible and shall be diligently maintained to protect its vitality. Site plans
shall be developed that provide for the preservation of natural vegetation in large unbroken
blocks that also allow contiguous open spaces to be established when adjacent parcels are
developed.
g) A land grading and vegetation clearing plan shall be prepared. Clear-cutting of all trees in a
single contiguous area shall be limited to the area of the equipment compound plus the area of
an emergency access roadway and the area required for solar access.
h) Landscape screening shall be provided in accordance with the landscaping provisions of this
chapter. Non-invasive ground cover under and between the rows of solar panels shall be low-
maintenance, drought-resistant, and non-fertilizer-dependent.
i) Debris, materials and/or mulch generated by site clearing or construction shall not be stockpiled onsite.
j) A stormwater, erosion, and slope analysis of the land shall be required to be assessed by a
New York State licensed professional engineer for the site and any road used to access the
site. The total area of the face of all solar panels shall be calculated and considered impervious
surface. The applicant shall comply with the State Pollutant Discharge Elimination System
guidelines. A SWPPP (Stormwater Pollution Prevention Plan) shall be prepared, if determined
to be required, and all local stormwater regulations shall be complied with.
k) Conveyance of Energy to Subdivision Lots. The Site Plan shall show the pathways of utility
service lines which will be put into place to convey energy to each lot of the subdivision.
Necessary utilities to serve the site shall preferably be underground and in compliance with all
local, State, and Federal laws, rules, and regulations, including specifically, but not limited to,
the National Electrical Safety Code and the National Electrical Code where appropriate.
Overhead lines shall follow access roads and/or existing tree lines to minimize visual impact
upon surrounding properties.
l) The applicant shall provide the means of restricting access by the public to the solar collector
and indicate such on the site plan
m) Signs. A sign no greater than two square feet indicating the name of the facility owner(s) and a 24-hour emergency telephone number shall be posted. In addition, “No Trespassing” or other
warning signs may be posted. All signage shall be maintained in legible condition and contain
accurate information. A clearly visible warning sign concerning voltage shall be placed at the
base of all pad-mounted transformers and substations. No signage of any kind shall be allowed
to be attached to solar panels or support structures, except any required safety warnings.
n) A plan for the operation and maintenance of the solar energy facility shall be prepared
including proposed covenants and restrictions and a management plan for the proposed Homeowners Association (HOA).
o) A decommissioning plan, as detailed in 140-37 (I), shall be prepared
I. Decommissioning Plan for Solar Energy Systems
(1) Any use which requires approval by the Planning Board shall include a decommissioning plan approved by the Planning Board and shall include and describe the detailed methods for:
a) Removal of all non-utility owned equipment conduits, structures, fencing, roads and foundations; restoration of property to condition prior to development.
b) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste
disposal regulations.
c) Stabilization or re-vegetation of the site as necessary to minimize erosion.
d) Timeframe for completion of removal and decommissioning activities
(2) Shall include a signed statement from the party responsible for completing the
Decommissioning
Plan acknowledging such responsibility.
J. Abandonment and Removal of Energy Systems
(1) Any solar energy facility which ceases to operate shall be wholly removed from the site. Ceases to operate is defined as not performing all normal functions associated with operation of the solar energy facility and its equipment on a continuous basis for a period of one year.
(2) In the event the solar energy facility is not so removed, the Town Board, upon notice from the Code
Enforcement Officer shall give written notice to the owner of such facility (i) stating that the solar energy facility is considered abandoned, and (ii) setting a time, date and place for a public hearing. Such public hearing shall be on not less than thirty days notice to such owner. Upon a finding that the solar energy facility has been abandoned, the Town Board shall deliver written notice to the facility owner indicating the reasons for its finding, and directing that the solar energy facility be removed within one hundred twenty days. In the event that the solar energy facility is not so removed, the Town Board may commence an action in Supreme Court against the owner of such facility seeking an order requiring the removal.
(3) Upon recommendation of the Building Inspector, the Town Board may waive or defer the
requirement that a solar energy facility be removed if it determines that retention of such facility is in the best interest of the Town.
(4) Should the town remove the solar energy facility pursuant to this subsection; the Town shall
chargeback any costs against the owner and/or applicant. If the owner of said property does not
pay said charges, they shall be included as a part of the next town tax bill, and said charge shall be due and payable by said owner at the time of payment of said bill.
Section 5 Appendix A, Schedule of District Regulations, shall be amended as follows:
Solar Energy System Designed for Subdivision Use * shall be added as a Principal Permitted Use in the AR-3, R-1, R-2, R-5, and H zoning districts. (Where *= with Site Plan review)
Solar Energy System Small Scale, Ground-Mounted and Free Standing, Agricultural Use greater
than the rated capacity definition of Solar Electric Generating Equipment; as defined in the New
York State Public Service Law §66-j* shall be added as a Principal Permitted Use in the all zoning districts. (Where *= with Site Plan review) Solar Energy System Small Scale, Ground-Mounted and Free, Farm Operation Use greater than the rated capacity definition of Solar Electric Generating Equipment; as defined in the New York State Public Service Law §66-j* shall be added as a Principal Permitted Use in the all zoning districts. (Where *= with Site Plan review) Solar Energy System Small Scale, Ground-Mounted and Free Standing, Non-Residential Use* shall be added as a Principal Permitted Use in the all zoning districts. (Where *= with Site Plan review) Solar Energy System Small Scale, Ground-Mounted and Free Standing, Residential Use greater than the rated capacity definition of Solar Electric Generating Equipment; as defined in the New York State Public Service Law §66-j* shall be added as a Principal Permitted Use in the all zoning districts. (Where *= with Site Plan review)
Solar Energy System Small Scale, Roof top or Building-Mounted shall be added as an Accessory Use in all zoning districts
Section 6 Severability
If any part or provision of this local law is judged invalid by any court of competent jurisdiction, such judgment shall be confined in application to the part or provision.
DISCUSSION:
Mike Baden suggested the Board rescind the unified solar permit fee from 2014 once this law is approved.
The Board agreed that the ZRC move forward to work on the large scale section of the solar law.
Councilman Spano asked for 2 clarifications. One regarding AB3 not be included and 2A. Subdivision section on page 8 “ small solar device”
Mike Baden clarified that it should read “ solar energy system”
Councilman Spano thanked all on the committee for their hard work. There has been a lot of conversation behind the scenes, there has been a lot of flack, things we didn’t know and are learning, this is what we need before we go to public hearing. You all have done an outstanding job working on this!
PUBLIC COMMENT:
Bob Garrett suggested the board negotiate with the Fire Company regarding Memorial Day parade. The Memorial should end at the Veteran’s Park.
Carol Fischer stated she does appreciate a councilman leaving tonight. What happens if two or three Councilpersons leave? The meeting can’t go on. Councilman Drabkin should be going to the ZBA meeting take his notes and report back to the Board. He shouldn’t be asking members of the board in the audience, and furthermore there are more than two ZBA members here tonight and he always over looks it. If he has a job then do it.”
Tom Pinkerous owns a residence and business in Rochester. “ The ZRC did a good job putting it together, I know that there was a lot involved with it. I think everyone in the country should have solar. I own a 12kw system and I believe there should be no cap on kilowatts. If you own the property you shouldn’t have a cap on it. The planning Board, building department should walk an applicant through the application process because everyone should have solar. Everyone should burn coal, go solar! I hate Time warner cable and I hate the house across from A & M Hardware.”
ADJOURNMENT:
A Motion was made by Councilwoman Fornino to adjourn the meeting at 9:00pm.
Seconded by: Councilman Spano 4-0 aye, motion carried
Drabkin absent
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk