Town of LeRay, NY
Jefferson County
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Table of Contents
Table of Contents

§ 158-127 Purpose.

The purpose of this article is to provide standards for energy systems designed for on-site home, farm, and small commercial use and that are primarily used to reduce on-site consumption of utility power. The intent of this article is to encourage the development of alternative energy systems while protecting the health, safety, and welfare of the public.

§ 158-128 Geothermal energy systems.

A. 
Applicability.
(1) 
Only closed-loop geothermal energy systems utilizing heat transfer fluids as defined in Article I are permitted. Open-loop geothermal energy systems are not permitted.
(2) 
Geothermal energy systems in public waters may be permitted in accordance with approval from the LeRay Town Board, subject to state and federal permits and water quality standards.
(3) 
Geothermal energy systems in water bodies owned or managed by the Town of LeRay are not permitted.
B. 
Design standards.
(1) 
All components of geothermal energy systems, including pumps, borings and loops, shall be set back at least five feet from side lot lines and at least 10 feet from rear lot lines.
(2) 
All borings and loops shall be set back at least 10 feet from the foundation of any structure, either on or off site.
(3) 
Aboveground equipment associated with geothermal energy shall not be installed in the front yard of any lot or the side yard of a corner lot adjacent to a public right-of-way and shall meet all required setbacks for the applicable zoning district.
(4) 
Geothermal energy systems shall not encroach on public drainage, utility roadway or trail easements.
(5) 
Geothermal heat pumps shall be screened to reduce noise levels as measured at the property boundary to 50 decibels or less.
(6) 
In addition to screening for noise control, geothermal energy systems are considered mechanical equipment and are subject to screening by landscaping, fencing or other methods to enhance the view.
C. 
Standards and certifications. Geothermal energy systems shall be certified by Underwriters' Laboratories, Inc., and shall meet the requirements of the New York State Building Code as adopted by the Town of LeRay.
D. 
Abandonment.
(1) 
If a geothermal energy system remains nonfunctional or inoperative for a continuous period of 12 months, the system shall be deemed to be abandoned and shall constitute a public nuisance.
(2) 
Upon notice to the owner by the Zoning Enforcement Officer, within 180 days the owner shall remove the abandoned system at his/her expense after a hearing by the LeRay Town Board, in accordance with the following:
(a) 
The heat pump and any external mechanical equipment shall be removed.
(b) 
Pipes or coils below the land surface shall be filled with grout to displace the heat transfer fluid. The heat transfer fluid shall be captured and disposed of in accordance with applicable regulations. The top of the pipe, coil or boring shall be uncovered and grouted.
(c) 
Geothermal energy systems shall be completely removed from the bottom of any water body.
E. 
Permits.
(1) 
A building permit shall be obtained from the Jefferson County Fire Prevention and Building Codes Department for any geothermal energy system prior to installation.
(2) 
Borings for vertical systems are subject to any and all required approvals and permits from the NYSDEC Division of Waters the New York State Department of Health.

§ 158-129 Small wind energy conversion systems (WECS).

A. 
Applicability.
(1) 
Small WECS may be used primarily to generate on-site power or to reduce the off-site supply of electricity.
(2) 
Freestanding small WECS shall only be permitted in AR Zoning Districts upon issuance of a special use permit.
(3) 
Building-mounted and freestanding small WECS with a rotor swept area of 20 square feet or less and a height of 35 feet or less shall be permitted in CC, MU, MED, and AR Districts upon issuance of a special use permit.
B. 
Approval. No small WECS shall be erected, constructed, installed or modified without first receiving a special use permit from the Planning Board, as outlined in Article XVI. All small WECS installed prior to the enactment of this article are exempt from the conditions herein; provided, however, that:
(1) 
Any such preexisting small WECS which does not provide energy for a continuous period of 12 months shall meet the requirements of this section prior to recommencing production of energy.
(2) 
No modification or alteration to an existing small WECS shall be allowed without full compliance with this section.
(3) 
Wind energy facilities are an accessory use. A different existing use or an existing structure on the same site shall not preclude the installation of a small WECS or a part of such facility on such site.
(4) 
Small WECS constructed and installed in accordance with this section shall not be deemed expansions of a nonconforming use or structure.
C. 
Procedure for review.
(1) 
An application for a special use permit and site plan review for freestanding small WECS shall include the following requirements, in addition to those requirements pursuant to Articles XVI and XX:
(a) 
Ownership and land use information within a radius of 1,000 feet of the location proposed for each tower to be shown on the site plan.
(b) 
Location of the proposed small WECS, foundations, guy anchors, and associated equipment to be shown on the site plan.
(c) 
Location of important bird areas as identified by New York Audubon Society, other recognized habitats such as any nearby New York State wildlife management areas, any locally recognized priority habitat areas such as those set aside for bats, and any areas considered "sensitive." This may include but not be limited to areas such as bird conservation areas or areas covered under mitigation for species such as grassland birds and state-identified wetlands to be shown on the site plan.
(d) 
Setback requirements as outlined in this chapter to be shown on the site plan.
(e) 
Small WECS specifications, including manufacturer, model, rotor diameter, tower height, and tower type (freestanding or guyed).
(f) 
If the small WECS will be connected to the power grid, documentation shall be provided regarding the notification of the intent with the utility regarding the applicant's installation of a small WECS.
(g) 
Tower foundation engineering drawings stamped by a professional engineer licensed to practice in the State of New York.
(h) 
Sound level analysis prepared by the wind turbine manufacturer or qualified engineer.
(i) 
Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code (usually provided by the manufacturer).
(j) 
Estimated costs of physically removing the small WECS to comply with safety standards.
(k) 
Evidence of compliance or nonapplicability with Federal Aviation Administration requirements.
(l) 
The site plan must be stamped by a professional engineer licensed to practice in the State of New York.
(2) 
An application for a special use permit and site plan review for building-mounted small WECS shall include all the requirements of Subsection C(1) above, except Subsection C(1)(g), and the following:
(a) 
Building connection details and engineering drawings stamped by a professional engineer licensed to practice in the State of New York.
(3) 
Prior to issuance of a special use permit, the applicant shall provide the Town proof of a level of insurance to be determined by the Town Board in consultation with the Town's insurer, to cover damage or injury that might result from the failure of a tower or towers or any other part or parts of the generation and transmission facility.
D. 
Application review process.
(1) 
Applications for small WECS are deemed unlisted projects under SEQRA. The Planning Board may conduct its SEQRA review in conjunction with other agencies, in which case the records of review by said communities shall be part of the record of the Planning Board's proceedings.
(2) 
An application under this section is not deemed complete until a properly completed environmental assessment form (EAF) under the State Environmental Quality Review Act[1] (or successor provision) has been submitted to the Planning Board, and:
(a) 
Lead agency has been established pursuant to the Environmental Conservation Law;
(b) 
A negative declaration or conditional negative declaration has been filed pursuant to the Environmental Conservation Law; or
(c) 
If it has been determined that the project may have a significant effect on the environment, a draft environmental impact statement has been accepted by the lead agency.
[1]
Editor's Note: See New York State Environmental Conservation Law § 8-0101 et seq.
(3) 
The Planning Board will require a developer agreement for any engineering and legal review of application(s) and any environmental impact statements before commencing its review.
E. 
Design standards. In addition to the special use permit review process as provided in Article XVI, the small WECS shall also be evaluated for compliance to the following standards:
(1) 
Setback and area requirements.
(a) 
Freestanding small WECS shall be set back a distance, measured from the center of the tower base, at 1 1/2 times the total height of the tower from:
[1] 
Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road.
[2] 
Any overhead utility or transmission lines.
[3] 
All property lines.
[4] 
All dwellings.
[5] 
Any travel ways, to include but not be limited to driveways, parking lots, nature trails or sidewalks.
[6] 
Other wind turbine towers, electrical substations, or meteorological towers.
[7] 
Wind turbines shall be set back at least 1,000 feet from important bird areas, as identified by the New York Audubon Society, other recognized habitats such as any nearby New York State wildlife management areas, and any locally recognized priority habitat areas such as those set aside for bats and any areas considered "sensitive," which may include but not be limited to areas such as bird conservation areas or areas covered under mitigation for species such as grassland birds; and at least 500 feet from state-identified wetlands. These distances may be adjusted to be greater or lesser at the discretion of the reviewing body, based on topography, land cover, land uses, and other factors that influence the flight patterns of resident birds.
(b) 
Guy wires used to support the tower are exempt from the small WECS setback requirements. However, the guy wires may not be located within or over a right-of-way without obtaining an easement.
(c) 
No small WECS shall be installed or mounted less than 100 feet from the nearest dwelling as measured horizontally from the center of the rotor.
(d) 
All small WECS shall require a minimum lot size of one acre for each turbine.
(2) 
Height.
(a) 
The total height for freestanding small WECS in AR Districts shall not exceed 100 feet; the total height for freestanding small WECS in the CC, MU and MED Districts shall not exceed 35 feet.
(b) 
Building-mounted small WECS shall not be installed to a total height which exceeds the building height limitations for the given district.
(3) 
Towers.
(a) 
Freestanding wind turbines may only be attached to specifically designed and manufactured towers.
(b) 
The applicant shall provide evidence that the proposed tower height does not exceed the height recommended by the manufacturer of the wind turbine.
(c) 
Anchor points for any guy wires for a system tower shall be located within the property or easements that the system is located on and not on or across any aboveground electric transmission or distribution lines. The point of attachment for the guy wires shall be sheathed in bright orange or yellow covering from three feet to eight feet above the ground.
(4) 
Sound level. A small WECS shall be designed, installed, and operated so that noise generated by the system shall not exceed ambient (L90 measured with the turbine in operative) plus five decibels (dBA), as measured at the closest neighboring property line.
(5) 
Safety.
(a) 
To prevent harmful wind turbulence on existing structures, the minimum height of the lowest part of any horizontal axis wind turbine blade shall be at least 30 feet above the highest structure or tree within a radius of 250 feet. Modification of this standard may be made when the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure.
(b) 
All small WECS shall be equipped with manual and automatic over-speed controls. The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified by the manufacturer.
(c) 
Owners shall be instructed to provide one of the following means of access control or other appropriate method of access:
[1] 
Tower-climbing apparatus located no closer than 12 feet to the ground.
[2] 
A fence six feet high with a locking portal placed around the facility's tower base.
(d) 
At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from rotating machinery. No brand names, logo or advertising shall be placed or painted on the tower, rotor, generator or tail vane where it would be visible from the ground, except that a system or tower's manufacturer's logo may be displayed in an unobtrusive manner on a system generator housing.
(e) 
Any small WECS found to be unsafe by the local Zoning Enforcement Officer shall be repaired by the owner to meet federal, state and local safety standards or shall be removed within three months.
(f) 
The system shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference or cease operation of the system.
(g) 
The system shall be operated such that no damage is caused by stray voltage. If it has been demonstrated that a system is causing stray voltage, the system operator shall promptly mitigate the damage or cease operation of the system.
(6) 
Shadowing/flicker. Small WECS shall be sited in a manner that does not result in shadowing or flicker impacts in excess of one hour per day. The applicant has the burden of proving that this effect does not have a significant adverse impact on neighboring or adjacent uses, either through siting or mitigation.
(7) 
Signs. All signs, both temporary and permanent, are prohibited on the small WECS, except as follows:
(a) 
Manufacturer's or installer's identification on the wind turbine.
(b) 
Appropriate warning signs and placards.
(8) 
Code compliance. The small WECS shall comply with all applicable sections of the New York State Building Code and National Electric Code.
(9) 
Agriculture and Markets compliance. The New York State Department of Agriculture and Markets guidelines for agricultural mitigation for WECS projects shall be adhered to both inside and outside of agricultural districts. This information can be found at: www.agmkt.state.ny.us, "Construction Projects Affecting Farmland."
(10) 
Aviation compliance. The small WECS shall be built to comply with all applicable Federal Aviation Administration guidelines, including but not limited to 14 CFR Part 77, Subpart b, regarding installations close to airports, and the New York Aviation regulations. Evidence of compliance or nonapplicability shall be submitted with the application.
(11) 
Visual impacts. It is inherent that small WECS may pose some visual impacts due to the tower height needed to access the wind resources. The purpose of this section is to reduce the visual impacts without restricting the owner's access to the wind resources.
(a) 
The applicant shall demonstrate through project site planning and proposed mitigation that the small WECS's visual impacts will be minimized for surrounding neighbors and the community. This may include, but not be limited to, information regarding site selection, turbine design or appearance, buffering, and screening of ground-mounted electrical and control equipment. All electrical conduits shall be underground.
(b) 
The color of the small WECS shall either be the stock color from the manufacturer or painted with a white or off-white nonreflective, unobtrusive color that blends in with the surrounding environment.
(c) 
A small WECS shall not be artificially lit unless such lighting is required by the Federal Aviation Administration (FAA). If lighting is required, the applicant shall provide a copy of the FAA determination to establish the required markings and/or lights for the small WECS.
(12) 
Utility connection. If the proposed small WECS is to be connected to the power grid through net metering, the applicant shall provide written evidence that the electric utility service provider that services the proposed site has been informed of the applicant's intent to install an intermittent customer-owned electric generator.
(13) 
Access.
(a) 
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(b) 
All on-site electrical wires associated with the system shall be installed underground except for tie-ins to a public utility company and public utility company transmission poles, towers and lines. This standard may be modified by the Planning Board if the project terrain is determined to be unsuitable due to reasons of excessive grading, biological impacts, or similar factors.
(c) 
Existing roads shall be used to provide access to the facility site, or, if new roads are needed, the amount of land used for new roads shall be minimized and the new roads shall be located so as to minimize adverse environmental impacts.
(14) 
Approved wind turbines. The manufacturer and model of the wind turbine to be used in the proposed small WECS must have been approved by the California Energy Commission or the New York State Energy Research and Development Authority, or a similar list approved by the State of New York, if available.
(15) 
Clearing. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the small WECS and as otherwise prescribed by applicable laws, regulations, and ordinances.
F. 
Operations.
(1) 
All small WECS shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. "Operational condition" includes meeting all permit conditions.
(2) 
Should a small WECS become inoperable, or should any part of the WECS be damaged, or should a WECS violate a permit condition, the owner or operator shall remedy the situation within 90 days after written notice from the Zoning Enforcement Officer to cure any deficiency.
(3) 
An extension of the ninety-day period may be considered, but the total period may not exceed 180 days.
G. 
Bonding requirements. Whenever any small WECS facility is constructed, the operator of the facility shall obtain and keep in force a performance bond payable to the Town of LeRay to cover the cost of removal of the facility. The performance bond shall remain in force throughout the time that the facility is located on the site. The amount of the bond shall equal 150% of the estimated costs of removal, as determined by the Zoning Enforcement Officer, or $1,000, whichever is greater.
H. 
Abandonment.
(1) 
At such time that a small WECS is scheduled to be abandoned or discontinued, the applicant will notify the Zoning Enforcement Officer by certified United States mail of the proposed date of abandonment or discontinuation of operations.
(2) 
Upon abandonment or discontinuation of use, the owner shall physically remove the small WECS within 90 days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the Zoning Enforcement Officer. "Physically remove" shall include but not be limited to:
(a) 
Removal of the wind turbine and tower and related above-grade structures.
(b) 
Restoration of the location of the small WECS to its natural condition, except that any landscaping, grading or below-grade foundation may remain in the after-conditions.
(3) 
In the event that an applicant fails to give such notice, the system shall be considered abandoned or discontinued if the system is out of service for a continuous twelve-month period. After the 12 months of inoperability, the Zoning Enforcement Officer may issue a notice of abandonment to the owner of the small WECS. The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date.
(4) 
The Zoning Enforcement Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides reasons for the operational difficulty, provides a reasonable timetable for corrective action, and demonstrates that the small WECS has not been abandoned.
(5) 
If the owner fails to respond to the notice of abandonment or if after review by the Zoning Enforcement Officer it is determined that the small WECS has been abandoned or discontinued, the owner of the small WECS shall remove the wind turbine and tower at the owner's sole expense within 120 days of receipt of the notice of abandonment.
(6) 
If the owner fails to physically remove the small WECS after the notice of abandonment procedure, the Town shall have the authority to enter the subject property and physically remove the small WECS at the owner's sole expense.
I. 
Violations; prior installations.
(1) 
It is unlawful for any person to construct, install, or operate a small WECS that is not in compliance with this chapter or with any condition contained in the special use permit issued pursuant to this section.
(2) 
Small WECS installed prior to the adoption of this section are exempt.
J. 
Penalties.
(1) 
Any person owning, controlling or managing any building, structure or land who shall undertake a small WECS in violation of this section or in noncompliance with the terms and conditions of any permit issued pursuant to this section, or any order of the Enforcement Officer, and any person who shall assist in so doing, shall be guilty of an offense and shall be subject to a fine of not more than $350 or to imprisonment for a period of not more than six months, or to both such fine and imprisonment.
(2) 
Every such person shall be deemed guilty of a separate offense for each week such violation shall continue. The Town may institute a civil proceeding to collect civil penalties up to $350 for each violation, and each week said violation continues shall be deemed a separate violation.
(3) 
In addition to the penalties provided above, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of this chapter. The violator will be held responsible for all legal fees, engineering fees and any other cost incurred by the Town in enforcing this chapter.
K. 
Waiver provisions.
(1) 
The Planning Board may, after a public hearing (which may be combined with other public hearings on small WECS so long as the waiver request is detailed in the public notice), grant a waiver from the strict application of the provisions of this section if, in the opinion of the Planning Board, the grant of said waiver is in the best interests of the Town of LeRay.
(2) 
The Planning Board may consider, as reasonable factors in evaluating any waiver of the terms of this section, the impact of the waiver on the surrounding area, including:
(a) 
The potential detriment to adjoining land.
(b) 
The benefit to the applicant.
(c) 
Feasible alternatives.
(d) 
The scope of the waiver.
(e) 
Whether the waiver is consistent with the objectives of this section.
L. 
Exemptions for recognized farm operations seeking placement of small wind energy conversion systems within county-adopted, state-certified agricultural districts.
(1) 
Farming operations, as the same are defined by § 301, Subdivision 11, of the New York State Agriculture and Markets Law, are, by operation of § 305-a of said law, exempt from the preceding subsections of this section.
(2) 
The exemption is limited to said operations located within county-adopted, state-certified agricultural districts as defined by the New York State Agricultural and Markets Law.
(3) 
The exemption shall release such recognized farm operations from the application of the following sections of § 158-129, Small wind energy conversion systems (WECS), as enacted above, to wit:
(a) 
Farming operations, as defined above, are exempt from the requirement to provide an engineered sound analysis and an estimate of the costs of physical removal as required by § 158-129C(1)(h) and (j).
(b) 
Farming operations, as defined above, are exempt from the requirement to provide proof of insurance as required by § 158-129C(3).
(c) 
Farming operations, as defined above, are exempt from the requirements contained in § 158-129D in that such operations shall be considered a Type II action not subject to compliance with the State Environmental Quality Review (SEQR) nor subject to preparation of an environmental assessment form (EAF) according to guidelines published by the New York State Department of Agriculture. In addition, such operations shall be considered exempt from the requirement of developer agreement and public hearing as contained in the forenoted exempted sections.
(d) 
Farming operations, as defined above, are exempt from the requirement regarding important bird areas contained in § 158-129E(1)(a)[7].
(e) 
Farming operations, as defined above, are exempt from the requirement regarding the height requirement contained in § 158-129E(2)(b) so long as other operational standards and requirements of this section are fully met.
(f) 
Farming operations, as defined above, are exempt from the environmental review aspects (sound and visual), utility access and vegetation disturbance minimization requirements contained in § 158-129E(4), (6), (11), (13) and (15) so long as other operational standards and requirements of this section are fully met.
M. 
Severability. Should any provision of this section be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this section as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

§ 158-130 Solar energy systems.

A. 
Applicability.
(1) 
All freestanding devices designated for direct collection of solar rays shall be required to obtain site plan approval pursuant to Article XX.
(2) 
In determining compliance with these requirements, the Planning Board may be guided by other requirements of this chapter relevant to the applicable zoning district.
(3) 
Passive or building-integrated solar energy systems are exempt from the requirements of this section and shall be regulated as any other building element.
(4) 
Solar energy systems which occupy the lesser of one acre or 50% of the parcel area, measured by a single box bounding all system components, shall be considered solar farms and are required to obtain a special use permit pursuant to Article XVI.
B. 
Freestanding solar arrays.
(1) 
Factors to be considered by the Planning Board in determining the siting requirements for freestanding solar installations under this section:
(a) 
The setbacks proposed and available in relation to other applicable setbacks for the zone within which the installation is proposed.
(b) 
The proposed height, width and dimensions of the installation and housing structures and whether the proposed installation is compatible with adjacent uses in terms of scale, siting, design, lighting and noise generation.
(c) 
The maximum surface area of the proposed installation in relation to the available lot size for the host parcel.
(d) 
Energy load of the primary residence or buildings to be powered by the installation.
(2) 
Minimum lot size for all freestanding solar arrays is 20,000 square feet.
C. 
Design standards.
(1) 
Freestanding.
(a) 
All freestanding installations shall be screened with an appropriate combination of natural vegetative buffer, landscaping, or other such screening as the Planning Board shall determine, and installations shall be sited so as to minimize significant adverse visual and/ or auditory impacts.
(b) 
All freestanding devices shall be in architectural harmony so that, in the opinion of the Planning Board, such devices shall not cause effects contrary to other provisions of this chapter relevant to the applicable zoning district.
(c) 
In nonagricultural zoning districts, freestanding solar energy systems are limited to the rear yard. In agricultural zoning districts, freestanding solar energy systems may be permitted in side yards on corner lots greater than 300 feet in width.
(d) 
Freestanding solar energy systems, including any appurtenant equipment, shall be set back a minimum of 15 feet from all property lines and a minimum of 30 feet from all dwellings located on adjacent lots.
(e) 
In R-1 Districts, freestanding solar energy systems shall not exceed 25% of the rear yard as measured from the rear plane of the principal structure perpendicular to the corresponding side and rear yard lot lines. In all other districts, freestanding solar energy systems shall not cause a parcel to exceed the district's maximum permitted impervious surface coverage.
(f) 
Freestanding solar energy systems shall not exceed eight feet in height.
(2) 
Building-mounted.
(a) 
Building-mounted solar energy systems shall comply with the maximum height requirements in the applicable zoning district.
(b) 
Building-mounted systems shall comply with all building setbacks in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted.
(c) 
Building-mounted solar collectors shall be mounted parallel to the supporting roof or wall.
(d) 
All building-mounted solar energy systems shall use colors that blend with the color of the roof or other structure, where possible.
(3) 
Other.
(a) 
The Planning Board may require visual simulations sufficient to determine potential visual impacts during the review process, as well as other information reasonably necessary in the Board's discretion.
(b) 
Reflective angles from collector surfaces shall be oriented away from adjacent structures and roadways. Where applicable, screening may be required by the Planning Board to mitigate potential negative impacts associated with reflective glare.
(c) 
The electrical collection system shall be placed underground within the interior of each parcel. The collection system may be placed overhead near substations or points of interconnection to the electric grid.
D. 
Standards and certification.
(1) 
Solar energy systems (photovoltaic) shall meet the minimum standards outlined by the International Electrotechnical Commission (IEC), the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE), ASTM International, British Standards Institution (BSI), International Organization for Standardization (ISO), Underwriters' Laboratories, Inc. (UL), the Solar Rating and Certification Corporation (SRCC), or other standards as determined by the Town of LeRay Town Board.
(2) 
Solar energy systems shall be certified by Underwriters' Laboratories, Inc., or the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation or other body as determined by the Town of LeRay Town Board. The Town reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification.
E. 
Utility connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility.
F. 
Abandonment.
(1) 
If the solar energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at his/her expense after being notified by the Zoning Enforcement Officer.
(2) 
Removal includes the entire structure including transmission equipment. Removal shall be completed within six months after notification by the Zoning Enforcement Officer.
G. 
Permits. A building permit shall be obtained for any solar energy system prior to installation.
H. 
Solar rights.
(1) 
Pursuant to Chapter 263 of New York Town Law and Article I, § 158-3, of this chapter, all parcels within the Town of LeRay shall be permitted to enjoy access to direct sunlight.
(2) 
No structure shall be constructed or vegetation installed that limits direct solar access across more than 50% of the ground surface on adjoining lots to less than six hours per day on any day of the year.