[HISTORY: Adopted by the Town Board of the Town of Urbana 4-16-2019 by L.L. No. 2-2019. Amendments noted where applicable.]
This solar energy chapter is adopted pursuant to §§ 261
through 263 of the Town Law and § 20 of the Municipal Home
Rule Law of the State of New York, which authorize the Town of Urbana
to adopt zoning provisions that advance and protect the health, safety
and welfare of the community and, in accordance with the Town Law
of New York State, "to make provision for, so far as conditions may
permit, the accommodation of solar energy systems and equipment and
access to sunlight necessary therefor."
A.
This solar energy chapter is adopted to advance and protect the public
health, safety, and welfare of the Town of Urbana by creating regulations
for the installation and use of solar-energy-generating systems and
equipment in accordance with the solar addendum to the Town's
Comprehensive Plan.
B.
When the Comprehensive Plan for the Town of Urbana was adopted in
2004, solar energy was not considered. On November 17, 2017, the Town
adopted an addendum to the Town's Comprehensive Plan to address
issues raised by solar energy systems.
C.
The Town believes that solar energy installations in the Town for
residential, agricultural, and business purposes are all viable and
desirable. Industrial solar systems developed to export power in order
to generate profit are less desirable.
D.
Any solar energy system within the Town shall be designed and installed
to meet all current applicable codes. The Town needs to ensure that
the development of solar energy is done in a careful and responsible
manner that does not disproportionately affect residents and takes
into consideration Keuka Lake and the landscape of the Town of Urbana.
As used in this chapter, the following terms shall have the
meanings indicated:
A solar energy system that is integrated into any building
envelope system such as vertical facades, semitransparent skylight
systems, roofing materials, or shading over windows, which produces
energy for on-site consumption.
Land, designated as "farmland of statewide importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on
Web Soil Survey that is of statewide importance for the production
of food, feed, fiber, forage, and oilseed crops as determined by the
appropriate state agency or agencies. Farmland of statewide importance
may include tracts of land that have been designated for agriculture
by state law.
A solar energy system that is anchored to the ground via
a pole or other mounting system, detached from any other structure,
that generates energy for on-site or off-site consumption.
Native wildflowers, forbs, and grasses that serve as habitat,
forage, and migratory way stations for pollinators and shall not include
any prohibited or regulated invasive species as determined by the
New York State Department of Environmental Conservation.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
Land, designated as "prime farmland" in the U.S. Department
of Agriculture Natural Resources Conservation Service (NRCS)'s
Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that
has the best combination of physical and chemical characteristics
for producing food, feed, forage, fiber, and oilseed crops and is
also available for these land uses.
A solar energy system located on the roof of any legally
permitted building or structure that produces energy for on-site or
off-site consumption.
Space open to the sun and clear of overhangs or shade so
as to permit the use of active and/or passive solar energy systems
on individual properties.
Solar photovoltaic and solar thermal equipment associated
with the production of electric or thermal energy.
The components and subsystems required to convert solar energy
into energy suitable for use. The term includes, but is not limited
to, solar panels and solar energy equipment. The area of a solar energy
system includes all the land inside the perimeter of the solar energy
system, which extends to any interconnection equipment. A solar energy
system is classified as a Tier 1, Tier 2, or Tier 3 solar energy system
as follows:
Tier 2 solar energy systems include ground-mounted solar energy
systems with system capacity up to 25 kW AC or the equivalent energy
units (i.e., 85,000 BTUs) and that generate no more than 110% of the
energy consumed on the site over the previous 12 months.
Tier 3 solar energy systems are systems that produce electricity
and are not included in the list for Tier 1 and Tier 2 solar energy
systems.
A photovoltaic or thermal device capable of collecting and
converting solar energy into electricity and/or heat.
A device that stores energy and makes it available in an
electrical form.
A device that stores energy and makes it available in the
form of heat.
A.
The requirements of this chapter shall apply to all solar energy
systems permitted, installed, or modified in the Town of Urbana after
the effective date of this chapter, excluding general maintenance
and repair.
B.
Solar energy systems constructed or installed prior to the effective
date of this chapter shall not be required to meet the requirements
of this chapter.
C.
Modifications to an existing solar energy system that increase the
solar energy system area by more than 5% of the original area of the
solar energy system (exclusive of moving any fencing) shall be subject
to this chapter.
D.
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the New York State Uniform Fire Prevention
and Building Code ("Building Code"), the New York State Energy Conservation
Code ("Energy Code"), and the Town of Urbana Code.
A.
A building permit shall be required for installation of all solar
energy systems except for:
B.
Town of Urbana Planning Board is encouraged to condition its approval
of proposed developments on sites adjacent to solar energy systems
so as to protect their access to sufficient sunlight to remain economically
feasible over time.
C.
Issuance of permits and approvals by the Planning Board shall include
review pursuant to the State Environmental Quality Review Act ECL
Article 8 and its implementing regulations at 6 NYCRR Part 617 ("SEQRA").
All Tier 1 solar energy systems shall be permitted in all zoning
districts and shall be exempt from site plan review under the local
zoning code or other land use regulation, subject to the following
conditions for each type of solar energy system:
A.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems shall incorporate, when feasible,
the following design requirements:
(a)
Solar panels on pitched roofs shall be mounted with a maximum
distance of eight inches between the roof surface and the highest
edge of the system.
(b)
Solar panels on pitched roofs shall be installed parallel to
the roof surface on which they are mounted or attached.
(c)
Solar panels on pitched roofs shall not extend higher than the
highest point of the roof surface on which they are mounted or attached.
(d)
Solar panels on flat roofs shall not extend above the top of
the surrounding parapet, or more than 24 inches above the flat surface
of the roof, whichever is higher.
(e)
There will be no exposed conduit between solar panels on pitched
roofs.
(2)
Glare. All solar panels shall have anti-reflective coating(s) and
be manufactured within the last five years.
(3)
Height. All roof-mounted solar energy systems shall be subject to
the maximum height regulations specified for principal and accessory
buildings within the underlying zoning district.
(4)
Solar energy system equipment, such as invertors or utility meters,
are not permissible in the front yard and must be located in the side
or rear yard.
B.
Building-integrated solar energy systems shall be shown on the plans
submitted for the building permit application for the building containing
the system.
A.
Any Tier 2 solar energy systems located in the Keuka Lake View Corridor
requires Planning Board approval.
B.
Tier 2 solar energy systems are not permitted in business or flood
districts. Tier 2 solar energy systems are permitted in residential
zones with a special use permit and subject to a site plan application.
C.
Tier 2 solar energy systems shall be permitted in agricultural and
industrial zoning districts as accessory structures and shall be exempt
from site plan review under the local zoning code or other land use
regulations, subject to the following conditions:
(1)
Glare. Tier 2 solar energy system solar panels shall have anti-reflective
coating(s) and be manufactured within the last five years.
(2)
Setbacks. Tier 2 solar energy systems shall be set back 20 feet from
lot lines and principal buildings. All ground-mounted solar energy
systems shall only be installed in the rear yards.
(3)
Height. Tier 2 solar energy systems shall be subject to a fifteen-foot
height limitation.
(4)
Screening and visibility.
(a)
Tier 2 solar energy systems shall have views minimized from
adjacent properties to the extent reasonably practicable.
(b)
Tier 2 solar energy equipment shall be located in a manner to
reasonably avoid and/or minimize blockage of views from adjacent properties
and shading of property to the north, while still providing adequate
solar access.
(c)
No Tier 2 solar energy system equipment is permissible in the
front yard in any districts.
(5)
Lot size. Tier 2 solar energy systems shall comply with the existing
lot size requirement specified for accessory structures within the
underlying zoning district or 500 square feet, whichever is more restrictive.
Tier 3 solar energy systems up to 100 kW are permitted through
the issuance of a special use permit only within agricultural zoning
districts on County Route 113, Reservoir Hill Road, and North of Van
Ness Road and subject to site plan application requirements set forth
in this section. Subdivision for the purpose of creating multiple
Tier 3 solar energy systems is prohibited.
A.
Applications for the installation of Tier 3 solar energy system shall
be:
(1)
Reviewed by the Code Enforcement/Zoning Enforcement for completeness.
Applicants shall be advised within 30 business days of the completeness
of their application or any deficiencies that must be addressed prior
to substantive review.
(2)
Subject to a public hearing to hear all comments for and against
the application. The Planning Board of the Town of Urbana shall have
a notice printed in a newspaper of general circulation in the Town
at least 10 days in advance of such hearing. Applicants shall have
delivered the notice by first class mail to adjoining landowners and
landowners within 200 feet of the property at least 10 days prior
to such a hearing. Proof of mailing shall be provided to the Planning
Board at the public hearing.
(3)
Referred to the Steuben County Planning Department pursuant to General
Municipal Law § 239-m if required.
(4)
Upon closing of the public hearing, the Planning Board shall take
action on the application within 62 days of the public hearing, which
can include approval, approval with conditions, or denial. The sixty-two-day
period may be extended upon consent by both the Planning Board and
applicant.
B.
Underground requirements. All on-site utility lines shall be placed
underground to the extent feasible and as permitted by the serving
utility, with the exception of the main service connection at the
utility company right-of-way and any new interconnection equipment,
including, without limitation, any poles, with new easements and right-of-way.
C.
Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
D.
Signage.
(1)
No signage or graphic content shall be displayed on the Tier 3 solar
energy systems except the manufacturer's name, equipment specification
information, safety information, and twenty-four-hour emergency contact
information. Said information shall be depicted within an area no
more than eight square feet.
(2)
As required by the National Electric Code (NEC), disconnect and other
emergency shutoff information shall be clearly displayed on a light-reflective
surface. A clearly visible warning sign concerning voltage shall be
placed at the base of all pad-mounted transformers and substations.
E.
Glare. All solar panels shall have anti-reflective coating(s) and
be manufactured within the last five years.
F.
Lighting. Lighting of the Tier 3 solar energy systems shall be limited
to that minimally required for safety and operational purposes and
shall be reasonably shielded and downcast from abutting properties.
G.
Tree-cutting. Removal of existing trees larger than 6 inches in diameter
should be minimized to the extent possible.
H.
Decommissioning.
(1)
Tier 3 solar energy systems that have been abandoned and/or not producing electricity for a period of one year shall be removed at the owner and/or operator's expense, which at the owner's option may come from any security made with the Town of Urbana as set forth in Subsection H(3) hereinbelow.
(2)
A decommissioning plan (see Appendix A[1]) signed by the owner and/or operator of the Tier 3 solar
energy system shall be submitted by the applicant, addressing the
following:
(a)
The cost of removing the solar energy system.
(b)
The time required to decommission and remove the solar energy
system and any ancillary structures.
(c)
The time required to repair any damage caused to the property
by the installation and removal of the solar energy system.
[1]
Editor’s Note: Appendix A is included as an attachment
to this chapter.
(3)
Security.
(a)
The deposit, execution, or filing with the Town of Urbana Clerk
a bond, or other form of security reasonably acceptable to the Town
of Urbana attorney and/or engineer, shall be in an amount sufficient
to ensure the good faith performance of the terms and conditions of
the permit issued pursuant hereto and to provide for the removal and
restorations of the site subsequent to removal. The amount of the
bond or security shall be 125% of the cost of removal of the Tier
3 solar energy system and restoration of the property with an escalator
of 2% annually for the life of the solar energy system. The decommissioning
amount shall be reduced by the amount of the estimated salvage value
of the solar energy system.
(b)
In the event of default upon performance of such conditions,
after proper notice and expiration of any cure periods, the bond or
security shall be forfeited to the Town of Urbana, which shall be
entitled to maintain an action thereon. The bond or security shall
remain in full force and effect until restoration of the property
as set forth in the decommissioning plan is completed.
I.
Site plan application. For any Tier 3 solar energy system requiring
a special use permit, site plan approval shall be required. Any site
plan application shall include the following information:
(1)
Property lines and physical features, including roads, for the project
site.
(2)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(3)
A one- or three-line electrical diagram detailing the Tier 3 solar
energy system layout, solar collector installation, associated components,
and electrical interconnection methods, with all National Electrical
Code-compliant disconnects and over current devices.
(4)
A preliminary equipment specification sheet that documents all proposed
solar panels, significant components, mounting systems, and inverters
that are to be installed. A final equipment specification sheet shall
be submitted prior to the issuance of a building permit.
(5)
Name, address, and contact information of proposed or potential system
installer and the owner and/or operator of the Tier 3 solar energy
system. Such information of the final system installer shall be submitted
prior to the issuance of a building permit.
(6)
Name, address, phone number, and signature of the project applicant,
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the Tier 3 solar energy
system.
(7)
Zoning district designation for the parcel(s) of land comprising
the project site.
(8)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
(a)
Failure to adhere to the approved property operation and maintenance
plan may trigger the decommissioning plan, and the process should
be laid out in the official property operation and maintenance plan.
(9)
Erosion and sediment control and stormwater management plans prepared
to New York State Department of Environmental Conservation standards,
if applicable, and to such standards as may be established by the
Planning Board.
(10)
Prior to the issuance of the building permit or final approval by
the Planning Board, but not required as part of the application, engineering
documents must be signed and sealed by a New York State (NYS) licensed
professional engineer or NYS registered architect.
J.
Special use permit standards.
(1)
Lot size. The property on which the Tier 3 solar energy system is
placed shall meet the lot size requirements of the underlying zoning
district.
(2)
Setbacks. The Tier 3 solar energy systems shall comply with the setback
requirements of the underlying zoning district for principal structures.
(3)
Height. The Tier 3 solar energy systems shall comply with a fifteen-foot
height limitation.
(4)
Lot coverage.
(a)
The following components of a Tier 3 solar energy system shall
be considered included in the calculations for lot coverage requirements:
[1]
Foundation systems, typically consisting of driven piles or
monopoles or helical screws with or without small concrete collars.
[2]
All mechanical equipment of the solar energy system, including
any pad-mounted structure for batteries, switchboard, transformers,
or storage cells.
[3]
Paved access roads servicing the solar energy system.
(b)
Lot coverage of the Tier 3 solar energy system, as defined above,
shall not exceed the maximum lot coverage requirement of the underlying
zoning district.
(5)
Fencing requirements. All mechanical equipment, including any structure
for storage batteries, shall be enclosed by a seven-foot-high fence
with a self-locking gate to prevent unauthorized access.
(6)
Screening and visibility. The Tier 3 solar energy system shall be
required to:
(a)
Conduct a visual assessment of the visual impacts of the Tier
3 solar energy system on public roadways and adjacent properties.
At a minimum, a line-of-sight profile analysis shall be provided.
Depending upon the scope and potential significance of the visual
impacts, additional impact analyses, including, for example, a digital
viewshed report, shall be required to be submitted by the applicant.
(b)
Submit a screening and landscaping plan to show adequate measures
to screen through landscaping, grading, or other means so that views
of solar panels and solar energy equipment, including fencing, shall
be minimized as reasonably practical from public roadways and adjacent
properties to the extent feasible.
(c)
The screening and landscaping plan shall specify the locations,
elevations, height, deer-resistant plant species, and/or materials
that will comprise the structures, landscaping, and/or grading used
to screen and/or mitigate any adverse aesthetic effects of the system,
following the applicable rules and standards established by the Town
of Urbana.
(7)
Agricultural resources. For projects located on agricultural lands:
(a)
Any Tier 3 solar energy system located in the areas specified in § 90-8 above, and on the areas that consist of prime farmland or farmland of statewide importance shall not exceed 20% of the area of prime farmland or farmland of statewide importance on the parcel, and Tier 3 solar energy systems on prime farmland or farmland of statewide importance shall be required to seed 20% of the total surface area of all solar panels on the lot with native perennial vegetation designed to attract pollinators.
(b)
To the maximum extent practicable, Tier 3 solar energy systems
located on prime farmland shall be constructed in accordance with
the construction requirements of the New York State Department of
Agriculture and Markets.
(c)
Tier 3 solar energy system owners shall develop, implement,
and maintain native vegetation to the extent practicable pursuant
to a vegetation management plan by providing native perennial vegetation
and foraging habitat beneficial to game birds, songbirds, and pollinators.
To the extent practicable, when establishing perennial vegetation
and beneficial foraging habitat, the owners shall use native plant
species and seed mixes.
K.
Ownership changes. If the owner or operator of the solar energy system
changes or the owner of the property changes, the special use permit
shall remain in effect, provided that the successor owner or operator
assumes in writing all of the obligations of the special use permit,
site plan approval, and decommissioning plan. A new owner or operator
of the solar energy system shall notify the zoning enforcement officer
of such change in ownership or operator within 10 business days of
the ownership change.
A.
Solar energy systems and solar energy equipment shall be certified
under the applicable electrical and/or building codes as required.
B.
Solar energy systems shall be maintained in good working order and
in accordance with industry standards and standards set by the Town.
Site access shall be maintained, including snow removal, at a level
acceptable to the local fire department and, if the Tier 3 solar energy
system is located in an ambulance district, the local ambulance corps.
C.
If storage batteries or thermal storage are included as part of the
solar energy system, they shall meet the requirements of any applicable
fire prevention and building code when in use and, when no longer
used, shall be disposed of in accordance with the laws and regulations
of the Town of Urbana and any applicable federal, state, or county
laws or regulations.
A.
The special use permit and site plan approval for a solar energy
system shall be valid for a period of 18 months, following the issuance
of the site plan approval or the special use permit, whichever occurs
last. In the event construction is not completed in accordance with
the final site plan, as may have been amended and approved, as required
by the Planning Board, within 18 months after approval, the Town Planning
Board may extend the time to complete construction for 180 days. If
the owner and/or operator fails to perform substantial construction
after 24 months, the approvals shall expire.
B.
Upon cessation of energy generation of 50% or less of the installed
capacity for the permitted use of the solar energy system on a continuous
basis for six months, the owner and/or operator of the solar energy
system must notify the Town of Urbana. Every month thereafter, the
owner and/or operator must notify the Town whether the solar energy
system produced energy on a continuous basis for that month until
the solar energy system has generated solar energy for three continuous
months.
(1)
If, or upon the cessation of energy generation of a Tier 1 or Tier
2 solar energy system on a continuous basis for 12 months, the Town
of Urbana may notify and instruct the owner and/or operator of the
solar energy system to remove the system. The removal of the system
must be started within 6 months after notification by the Town and
be completed within 12 months of notification.
(2)
If, or upon the cessation of energy generation of a Tier 3 solar
energy system on a continuous basis for 12 months, the Town of Urbana
may notify and instruct the owner and/or operator of the solar energy
system to implement the decommissioning plan. The decommissioning
plan must be started within three months of notification by the Town
and must be completed within 12 months of notification.
C.
If the owner and/or operator fails to comply with decommissioning
notification from the Town, the Town may, at its discretion, utilize
the bond and/or security for the removal of the Tier 3 solar energy
system and restoration of the site in accordance with the decommissioning
plan.
Any violation of this solar energy chapter shall be subject
to the same enforcement requirements, including the civil and criminal
penalties, provided for in the zoning or land use regulations of Town
of Urbana.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision, or phrase of the aforementioned
sections, as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional, shall not affect the validity
or enforceability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and
effect.
