This chapter is adopted pursuant to §§ 7-700
through 7-704 of the Village Law and § 20 of the Municipal
Home Rule Law of the State of New York, which authorize the Village
to adopt zoning provisions that advance and protect the health, safety
and welfare of the community, and, in accordance with the Village
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."
This chapter is adopted to advance and protect the public health,
safety, and welfare of the Village of Carthage by creating regulations
for the installation and use of solar energy generating systems and
equipment, with the following objectives:
A.
To take advantage of a safe, abundant, renewable and nonpolluting
energy resource;
B.
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family houses;
C.
To increase employment and business development in the Village of
Carthage, to the extent reasonably practical, by furthering the installation
of solar energy systems;
D.
To mitigate the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife,
and other protected resources; and
E.
To create synergy between solar and other Village goals, including
downtown revitalization, vacant land management, creating a walkable,
healthy community, and the advancement of the Village's comprehensive
plan.
Land used for a farm operation in accordance with Agriculture
and Markets Law § 301, uses of which include production
of crops, livestock, and livestock products, within the past five
years.
A combination of solar panels and solar energy equipment
integrated into any building envelope system such as vertical facades,
semitransparent skylight systems, roofing materials, or shading over
windows, which produce electricity for on-site consumption.
The cumulative land area occupied during the commercial operation
of the solar energy generating facility. This shall include all areas
and equipment within the facility's perimeter boundary, including
the solar energy system, on-site interconnection equipment, on-site
electrical energy storage equipment, and any other associated equipment,
as well as any site improvements beyond the facility's perimeter
boundary such as access roads, permanent parking areas, or other permanent
improvements. The facility area shall not include site improvements
established for impact mitigation purposes, including but not limited
to vegetative buffers and landscaping features.
Land and on-farm buildings, equipment, facilities, and practices
which contribute to the production, preparation, and marketing of
crops, livestock, and livestock products as a commercial enterprise
(in accordance with Agriculture and Markets Law § 301[11].
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
An assessment used to identify any potential glint/glare
impacts on nearby residences and roads and the need for any necessary
mitigation. The analysis shall be conducted using tools similar to
the National Sandia Lab's Solar Glare Hazard Analysis Tool or
Forge Solar Tools. The results of the analysis shall conform to the
FAA's policy for solar energy system projects on airports as
well as equivalent standards appropriate to the surrounding landscape
for the proposed project.
A solar energy system which is secured to the ground via
a pole, ballast system, or other mounting system; is detached from
any other structure; and which generates electricity for on-site or
off-site consumption.
A unit of power equal to 1,000 watts. The nameplate capacity
of residential and commercial solar energy systems may be described
in terms of kW.
A unit of power equal to 1,000 kW. The nameplate capacity
of larger solar energy systems may be described in terms of MW.
Soils recognized by the New York State (NYS) Department of
Agriculture and Markets as having the highest value based on soil
productivity and capability, in accordance with the uniform statewide
land classification system developed for the NYS Agricultural Assessment
Program.
A solar energy system's maximum electric power output
under optimal operating conditions. Nameplate capacity may be expressed
in terms of alternating current (AC) or direct current (DC).
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
NYS Department of Environmental Conservation.
A solar energy system located on a farm which is a "farm
operation" (as defined by Article 25-AA of the Agriculture and Markets
Law, which may include one or multiple contiguous or noncontiguous
parcels) in an agricultural district, which is designed, installed,
and operated so that the anticipated annual total amounts of electrical
energy generated do not exceed more than 110% of the anticipated annual
total electrical energy consumed by the farm operation.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
A solar energy system located on the roof of any legally
permitted building or structure that produces electricity 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.
Electrical material, hardware, inverters, conduit, energy
storage devices, or other electrical and photovoltaic equipment associated
with the production and storage of electricity.
The components and subsystems required to convert solar energy
into electric energy suitable for use. The term includes, but is not
limited to, solar panels and solar energy equipment. A solar energy
system is classified as a Tier 1, Tier 2, Tier 3, or Tier 4 solar
energy system as follows:
Tier 2 solar energy systems include the following:
Ground-mounted solar energy systems not included under Tier
1 solar energy systems with a nameplate capacity of up to 1 MW AC
and which generate no more than 110% of the electricity consumed on
the site over the previous 12 months.
Tier 3 solar energy systems include the following:
Ground-mounted solar energy systems not included under Tier
1 or Tier 2 solar energy systems with a nameplate capacity of up to
5 MW AC.
Tier 4 solar energy systems are solar energy systems which are
not included under Tier 1, Tier 2, or Tier 3 solar energy systems.
A photovoltaic device capable of collecting and converting
solar energy into electricity.
A.
The requirements of this chapter shall apply to all solar energy
systems permitted, installed, or modified in the Village of Carthage
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
facility area by more than 5% of the original facility area (exclusive
of moving any fencing) shall be subject to this chapter.
A.
A building permit shall be required for installation of all solar
energy systems.
B.
Prior to the issuance of the building permit or final approval by
the Code Enforcement Officer, construction and/or site plan documents
must be signed and stamped by a NYS licensed professional engineer
or NYS registered architect.
C.
Local land use boards are encouraged to condition their 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.
D.
Issuance of permits and approvals by the Code Enforcement Officer
or Planning Board shall include review pursuant to the State Environmental
Quality Review Act.
E.
All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code ("Uniform Code"), the NYS Energy Conservation Code ("Energy Code"), and Chapter 50 of the Village Code.
F.
For solar energy systems subject to site plan review, the Village
of Carthage shall impose, and may update as appropriate, a schedule
of fees to recover expenses associated with engineering, environmental,
or legal services determined to be reasonably necessary in the processing
of an application under this chapter.
