Staff Notes for 5/18/2021
Town of Queensbury Planning Board
Community Development Department Staff Notes
May 18, 2021
Discussion 3-2021 CVE NORTH AMERICA, INC.
Queensbury Ave. & Quaker Ridge Blvd. / CLI – Commercial Light Industrial & CI –
Commercial Intensive / Ward 2
SEQR Unlisted
Material Review: project narrative, site plan aerial
Parcel History:n/a
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Requested Action
Planning Board discussion of proposed solar farm.
Resolutions
n/a
Project Description
Applicant proposes a solar farm on site 303.11-1-4.1, with access by right of way through parcel 303.15-1-25.2.
Pursuant to Chapter 179-5-140 of the Zoning Ordinance, solar farms shall be subject to Planning Board review
and approval. Projects is before the board for a sketch plan discussion.
Staff Comments
The applicant proposes a 7.MW dc community solar farm to operate on a 80 ac parcel. The project has several
components. At this time parcel 305.15-1-25.2 is zoned commercial intensive and solar farm is not a listed use
–a use variance/petition of zone changed required. The parcel for the solar farm 303.1-1-4.1 contains wetlands.
The project would also be subject to the review criteria outlined in the code section 179-5-140 Renewable
energy systems and facilities. This is a new section of code adopted in September of 2020. Solar Farms are
subject to site plan and special use permit. In addition, Solar farms are required to get an energy system
building permit through building and codes. Below are the code excerpts for Solar Farms and Special Use
Permits Specific Criteria and General Criteria
179-5-140 CODE EXCERPTS FOR SOLAR FARMS
SOLAR FARM
A solar energy system with a minimum rating of 1 MW consisting of an 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.
F.
Requirements for freestanding and ground-mounted solar collectors. Freestanding and ground-mounted solar
collections shall be subject to the following conditions:
(1)
In all districts, a lot must have a minimum size of one acre in order for a freestanding or ground-mounted
solar collector to be permitted.
(2)
The location of a ground-mounted or freestanding solar collector shall comply with a seventy-five-foot
setback requirement. Solar farms are exempt from this setback requirement.
(3)
No ground-mounted or freestanding solar collectors shall be permitted in the front yard.
(4)
The height of the solar collector and any mount shall not exceed 12 feet when oriented at a maximum tilt to
the horizontal.
(5)
Ground-mounted and freestanding solar collectors shall be screened as much as practicable from adjoining
lots and street rights-of-way through the use of architectural features, earth berms, landscaping, fencing or other
screening which will harmonize with the character of the property and surrounding area. The proposed
screening shall not, however, interfere with the normal operation of the solar collectors.
(6)
Solar energy equipment shall be located in a manner to reasonably minimize blockage of sunlight for
surrounding properties and shading of property to the north while still providing adequate solar access for
collectors.
(7)
Solar energy equipment shall not be sited within any required buffer areas.
(8)
The total surface area of all ground-mounted and freestanding solar collectors on a lot shall not exceed the
area of the ground covered by the building structure of the largest building on the lot measured from the exterior
walls, excluding patios, decks, balconies, screened and open porches and attached garages. Installations on
nonresidential properties exceeding the size may be approved by the Planning Board subject to site plan review
pursuant to § 179-9-020.
(9)
The area beneath ground-mounted and freestanding solar collectors shall be included as 100% plan form in
the maximum horizontal tilt configuration in calculating whether the lot meets maximum permitted lot building
coverage and lot surface coverage requirements for the applicable district, notwithstanding that the collectors
are not buildings.
(10)
The installation of ground-mounted and freestanding solar collectors shall be considered a development or
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development activity for purposes of Chapter , Stormwater Management.
(11)
Solar thermal systems shall comply with the following conditions:
(a)
Solar energy system building permits are required for the installation of solar thermal systems.
(b)
Ground-mounted and freestanding solar thermal systems shall be subject to the same requirements set forth
above for ground-mounted and freestanding photovoltaic solar collectors.
(12)
All solar energy systems and equipment shall be permitted only if they are determined by the Town
Building Inspector and Zoning Administrator not to present any unreasonable safely risks. Refer to New York's
Uniform Fire Prevention and Building Code standards.
(13)
Prevention of glare. All solar collectors and related equipment shall be surfaced, designed and sited so as
not to reflect glare onto adjacent properties.
G.
Solar farms. Solar farms shall be permitted in the HI, CLI and LC subject to special use permit and thereby
triggering the need for site plan review and approval by the Planning Board, subject to the requirements of this
chapter and the design standards found in Article 10, Special Use Permits.
H.
Building-mounted, ground and freestanding installation safety.
(1)
All solar collector installations must be performed by a qualified solar installer.
(2)
Prior to operation, electrical connections must be inspected by the Town's Building Inspector and by an
appropriate electrical inspection person or agency, as determined by the Town's Director of Building and Codes.
(3)
Any connection to the public utility grid must be inspected by the appropriate public utility.
(4)
Solar energy systems shall be maintained in good working order.
(5)
Rooftop and building-mounted solar collectors shall meet New York's Uniform Fire Prevention and
Building Code standards.
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(6)
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 and other
applicable laws and regulations.
(7)
If a solar collector ceases to perform its originally intended function for more than 12 consecutive months,
the property owner shall remove the collector mount and associated equipment by no later than 90 days after the
end of the twelve-month period.
(8)
Marking of equipment.
(a)
Solar energy systems and equipment shall be marked in order to provide emergency responders with
appropriate warning and guidance with respect to isolating the solar electric system. Materials used for marking
shall be weather-resistant. For residential applications, the marking may be placed within the main service
disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be
placed on the outside cover.
(b)
For commercial application, the marking shall be placed adjacent to the main service disconnect in a
location clearly visible from the location where the lever is operated.
(c) H
In the event any of the standards in this Subsection for markings are more stringent than applicable
provisions of the New York State Uniform Fire Prevention and Building Code (the "State Code"), they shall be
deemed to be guidelines only, and the standards of the State Code shall apply.
I.
Enforcement and penalties for offenses. All solar energy systems requiring solar energy system building
permits shall be subject to the provisions of Article 17, Enforcement, of this chapter.
J.
Appeals. If a solar energy system building permit is denied based upon a failure to meet the requirements of
this section, the applicant may seek relief from the Zoning Board of Appeals in accordance with the established
procedures and time limits of Article 14 of the Zoning Code and New York State Town Law.
K.
Building permit fees for solar installations. The fees for all solar energy system building permits required
pursuant to this section shall be paid at the time of each building permit application pursuant to the Fee
Schedule of the Town of Queensbury.
Special Use Permit 179-10-070 Specific Criteria
DD. Solar farms.
[Added 9-28-2020 by L.L. No. 9-2020]
(1)
Solar farms shall require a minimum land area of five acres.
(2)
Solar farms shall be enclosed by perimeter fencing to restrict unauthorized access at a height consistent with
the current fence code. (See § 179-5-070.) However, the Planning Board shall have the discretion to vary or
eliminate this requirement where the Planning Board has determined that safety and security at the site will be
assured by alternate methods.
(3)
The manufacturer's and installer's identification and appropriate warning signage and emergency contact
information shall be posted at the site and clearly visible.
(4)
Solar farm buildings and accessory structures shall, to the extent reasonably possible, use materials, colors
and textures that will blend the facility into the existing environment.
(5)
Appropriate landscaping and/or screening materials may be required to help screen the solar farm and
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accessory structures from major roads and neighboring residences pursuant to Article 8 of Chapter .
(6)
The average height of the solar panel arrays shall not exceed 12 feet. However, the Planning Board shall
have the discretion to permit the solar panel arrays to exceed the height limitation of 12 feet to the extent
necessary, as determined by the Planning Board, to achieve the intended purpose of the solar collectors. Such
determination shall be made in consideration of the design of the solar collectors and the subject property's
natural and proposed characteristics, including, but not limited to, topography, existing and proposed vegetative
buffers, and proximity to residential and/or commercial uses.
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(7)
Solar farm and solar power plant panels and equipment shall be surfaced, designed, and sited so as not to
reflect glare onto adjacent properties, facilities, and roadways.
(8)
On-site power lines shall, to the maximum extent practicable, be placed underground.
(9)
All applications for solar farms shall be accompanied by a decommissioning plan to be implemented upon
abandonment, or cessation of activity, or in conjunction with the removal of the structure, which shall be
reviewed and approved by the Town Board.
(10)
The following requirements shall be met for decommissioning:
(a)
Solar farms and solar power plants which have not been in active and continuous service for a period of one
year shall be removed at the owners' or operators' expense within six months of the date of expiration of the
one-year period.
(b)
All aboveground and below-ground equipment, conduits, structures, fencing and foundations shall be
removed from the site to a depth of at least three feet below grade.
(c)
The site shall be restored to as natural a condition as possible within six months of the removal of all
equipment, structures and foundations. Such restoration shall include, where appropriate, restoration of the
surface grade and soil after removal of all equipment and revegetation of restored soil areas with native seed
mixes.
(d)
The Planning Board shall, as a condition of approval, require the posting of a removal bond of the solar
farm's and solar power plant's equipment. In lieu of a removal bond, the Town Board, in its discretion, may
permit the owner and/or operator to enter into a decommissioning agreement with the Town which provides, in
relevant part, that if the decommissioning of the site is not completed within six months of the time period
DD(10)(a)
specified in Subsection above, and/or the restoration is not completed within the time period
DD(10)(c)
specified in Subsection above, the Town may, at its own expense, enter the property and remove or
provide for the removal of the structures and equipment and/or the restoration of the site, as the case may be, in
accordance with the decommissioning plan. Such agreement shall provide, in relevant part, that the Town may
recover all expenses incurred for such activities from the defaulting property owner and/or operator. The cost
incurred by the Town shall be assessed against the property and shall become a lien and tax upon said property
and shall be added to and assessed as part of the taxes to be levied and assessed thereon and enforced and
collected with interest in the same manner as other taxes. This provision shall not preclude the Town from
collecting such costs and expenses by any other manner by action in law or in equity. In the event of any such
legal proceedings, the owner and/or operator, as the case may be, shall be liable for all legal expenses, costs and
disbursements in connection with said litigation, as awarded by a court of competent jurisdiction.
Special Use Permit – General Criteria
A special use permit is required as outlined in Section 179-10-070.
Harmony with the Comprehensive Plan
Compatibility
Access, circulation and parking
Infrastructure and services
Environment and natural features
Long-term effects
Summary
Section 179-9-040 provides an opportunity for the application to have a sketch plan discussion with the
planning board. The Planning Board can provide feedback and comments to the applicant about the proposed
[[339,2982,968,3039][12][B,I,][Times New Roman]]Building and Codes comments
project. . –The site will need to have a gravel surface around the site.
st
Meeting History: 1 Meeting
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