This chapter may be cited as "Local Law No. 2-2019" or "Solar
Energy Facilities Law of the Town of Clarkson."
Based on the recommendations of the Solar Committee, a committee
created by the Clarkson Town Board on March 27, 2018, the Town Board
finds that:
A. Solar energy is an abundant, renewable, and nonpolluting energy resource
of the Town of Clarkson, and its conversion to electricity will reduce
dependence on nonrenewable energy sources and decrease the air and
water pollution that results from the use of conventional energy sources.
B. The generation of electricity from properly sited solar arrays has
the potential to tie into existing power distribution systems, allowing
for the transmission of electricity from solar arrays to utilities
or other users, or alternatively may be used to reduce or eliminate
on-site consumption of energy.
C. Regulation of the siting and installation of solar arrays is necessary
for the purpose of protecting the health, safety, and welfare of neighboring
property owners, the environment, the general public, and the overall
character of the Town of Clarkson. Solar energy conversion systems
need to be consistent with the Town of Clarkson Zoning Code and the Town of Clarkson Comprehensive Plan.
D. Solar energy conversion systems may represent significant potential
issues because of their size, environmental impacts, and safety effects.
The installation of solar energy systems changes the landscape and
appearance of the Town of Clarkson.
E. Solar energy conversion systems may present risks to the property
values of adjoining property owners.
The purpose of this chapter is to promote the effective and
efficient use of the Town's solar energy resources through solar
energy conversion systems and to regulate the construction, placement,
operation and decommissioning of such systems so that the public health,
safety, and welfare will not be jeopardized.
The Town Board of the Town of Clarkson adopts this chapter under
the authority granted by:
A. Article IX of the New York State Constitution, § 2(c)(6)
and (10).
B. New York Statute of Local Governments § 10, Subdivisions
1, 6, and 7.
C. New York Municipal Home Rule Law § 10, Subdivision 1(i)
and (ii) and Subdivision 1(a)(6), (11), (12), and (14).
D. The supersession authority of New York Municipal Home Rule Law § 10,
Subdivision 2(d)(3).
E. New York Town Law Article 16 (Land Use).
F. New York Town Law § 130, Subdivisions 1 (Building code),
3 (Electrical code), 5 (Fire prevention), 7 (Use of streets and highways),
7-a (Location of driveways), 11 (Peace, good order and safety), 15
(Promotion of public welfare), 15-a (Excavated lands), 16 (Unsafe
buildings), 19 (Trespass), and 25 (Building lines).
G. New York Town Law § 64, Subdivisions 17-a (Protection of
aesthetic interests) and 23 (General powers).
The requirements of this chapter shall apply to all solar energy
systems and/or solar energy farms proposed, installed, operated, maintained,
modified or constructed in the Town of Clarkson.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter, or the application thereof to any person, individual,
firm or corporation, or circumstance, shall be adjudged by a court
of competent jurisdiction to be invalid or unconstitutional, such
order or judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, section or part of this chapter, or in its
application to the person, individual, firm or corporation, or circumstance,
directly involved in the controversy in which said order or judgment
shall be rendered.
This chapter shall take effect upon the date it is filed in
the Office of the New York State Secretary of State in accordance
with Municipal Home Rule Law § 27.