[HISTORY: Adopted by the Town Board of the Town of Geneva 6-10-2014 by L.L. No.
2-2014. Amendments noted where applicable.]
Because it is in the public interest to provide for and encourage
renewable energy systems and a sustainable quality of life, the purpose
of this chapter is to facilitate the development and operation of
renewable energy systems based on sunlight. Solar energy systems are
appropriate in all zoning districts when measures are taken, as provided
in this chapter, to minimize adverse impacts on neighboring properties
and protect the public health, safety and welfare.
As used in this chapter, the following terms shall have the
meanings indicated:
An area of land or other area used for a solar collection
system principally used to capture solar energy and convert it to
electrical energy to transfer to the public electric grid in order
to sell electricity to or receive a credit from a public utility entity,
but also may be for on-site use. Solar farm facilities consist of
one or more freestanding ground- or roof-mounted solar collector devices,
solar-related equipment and other accessory structures and buildings,
including light reflectors, concentrators, and heat exchangers, substations,
electrical infrastructure, transmission lines and other appurtenant
structures and facilities.
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for collection, inversion, storage, and distribution
of solar energy for electricity generation or transfer of stored heat,
secondary to the use of the premises for other lawful purposes, with
the total surface area of all solar collectors on the lot not to exceed
4,000 square feet.
A.
Rooftop- and building-mounted solar collectors are permitted in all
zoning districts in the Town. Building permits shall be required for
installation of rooftop- and building-mounted solar collectors.
B.
Ground-mounted and freestanding solar collectors are permitted as
accessory structures in all zoning districts of the Town, subject
to the following requirements:
(1)
The location of the solar collectors meets all applicable setback
requirements of the zone in which they are located.
(2)
The height of the solar collectors and any mounts shall not exceed
the height restrictions of the zone when oriented at maximum tilt.
(3)
The total surface area of all solar collectors on the lot shall not
exceed 4,000 square feet and, when combined with all other buildings
and structures on the lot, shall not exceed fifty-percent lot coverage.
(4)
A building permit has been obtained for the solar collectors.
(5)
The solar collectors are located in a side or rear yard.
(6)
Solar collectors and other facilities shall be designed and located
in order to prevent reflective glare toward any inhabited buildings
on adjacent properties and roads.
C.
Where site plan approval is required elsewhere in the regulations
of the Town for a development or activity, the site plan review shall
include review of the adequacy, location, arrangement, size, design,
and general site compatibility of proposed solar collectors.
D.
All solar collector installations must be performed in accordance
with applicable electrical and building codes, the manufacturer's
installation instructions, and industry standards, and prior to operation
the electrical connections must be inspected by the Town Code Enforcement
Officer or by an appropriate electrical inspection person or agency,
as determined by the Town. In addition, any connection to the public
utility grid must be inspected by the appropriate public utility.
E.
When 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 Ontario County and other applicable laws and regulations.
F.
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 and facilities no later
than 90 days after the end of the twelve-month period.
A.
Where applicable, and unless more restrictive regulations also apply, the requirements of § 130-3 of this chapter shall apply to solar collectors and installations for major systems or solar farms.
B.
A major system or solar farm shall be constructed pursuant to a site
plan permit from the Town Planning Board and must meet the criteria
set forth below and obtain all other necessary approvals.
C.
Areas of potential sensitivity that should be avoided:
[Amended 9-14-2021 by L.L. No. 5-2021]
(1)
One-hundred-year flood hazard zones considered a V or AE Zone on
the FEMA Flood Maps.
(2)
Historic and/or culturally significant resources in an historic district
or historic district transition zone.
(3)
Within 100 feet landward of a freshwater wetland.
(4)
Adjacent to, or within, the control zone of any airport.
D.
A major system or solar farm shall be permitted in those zoning districts where it is a permitted use under Chapter 165 when authorized by a site plan permit from the Planning Board subject to the following terms and conditions:
[Amended 9-14-2021 by L.L. No. 5-2021]
(1)
The total coverage of all buildings and structures on a lot, including
freestanding solar panels, shall not exceed 50%.
(2)
Height and setback restrictions.
(a)
The maximum height for freestanding solar panels located on
the ground or attached to a framework located on the ground shall
not exceed 15 feet in height above the ground.
(b)
The minimum setback from property lines shall be 25 feet.
(c)
A landscaped buffer shall be provided around all equipment and
solar collectors to provide screening from adjacent residential properties
and roads.
(3)
Design standards.
(a)
Removal of trees and other existing vegetation should be minimized
or offset with planting elsewhere on the property.
(b)
Roadways within the site shall not be constructed of impervious
materials and shall be designed to minimize the extent of roadways
constructed and soil compaction.
(c)
All on-site utility and transmission lines shall, to the extent
feasible, be placed underground.
(d)
Solar collectors and other facilities shall be designed and
located in order to prevent reflective glare toward any inhabited
buildings on adjacent properties and roads.
(e)
All mechanical equipment, including any structure for batteries
or storage cells, shall be enclosed by a minimum six-foot-high fence
with a self-locking gate and provided with landscape screening.
(f)
A solar farm to be connected to the utility grid shall provide
a "proof of concept" letter from the utility company acknowledging
the solar farm will be connected to the utility grid in order to sell
electricity to the public utility.
(5)
Abandonment.
(a)
All applications for a solar farm shall be accompanied by a
decommissioning plan to be implemented upon abandonment, or cessation
of activity, or in conjunction with removal of the facility, prior
to issuance of a building permit. The decommissioning plan shall be
accompanied by a budget showing the cost of implementing the plan,
certified by the project engineer and to be approved by the Town Board,
and the applicant shall provide a performance bond or New York State
bank letter of credit, for the benefit of the Town of Geneva, in the
amount shown on the budget, plus 10%, available to the Town for the
life of the solar energy system or for so long as necessary to complete
decommissioning, whichever is longer. This security will not be released
until the system is fully decommissioned as set forth herein.
(b)
If the applicant begins but does not complete construction of
the project within 18 months after receiving final site plan approval,
this may be deemed abandonment of the project and require implementation
of the decommissioning plan to the extent applicable.
(c)
The decommissioning plan must ensure the site will be restored
to a useful, nonhazardous condition without delay, including, but
not limited to, the following:
[1]
Removal of aboveground and below-ground equipment, structures
and foundations.
[2]
Restoration of the surface grade and soil after removal of equipment.
[3]
Revegetation of restored soil areas with native seed mixes,
excluding any invasive species.
[4]
The plan shall include a time frame for the completion of site
restoration work.
(d)
In the event the facility is not completed and functioning within
18 months of the issuance of the final site plan approval, the Town
may notify the operator and/or the owner to complete construction
and installation of the facility within 180 days. If the owner and/or
operator fails to perform, the Town may notify the owner and/or operator
to implement the decommissioning plan. The decommissioning plan must
be completed within 180 days of notification by the Town.
(e)
Upon cessation of activity of a constructed facility for a period
of one year, the Town may notify the owner and/or operator of the
facility to implement the decommissioning plan. Within 180 days of
notice being served, the owner and/or operator can either restore
operation equal to 80% of approved capacity or implement the decommissioning
plan.
(f)
If the owner and/or operator fails to fully implement the decommissioning
plan within the 180-day time period, the Town may, at its discretion,
provide for the restoration of the site in accordance with the decommissioning
plan and may recover all expenses incurred for such activities from
the defaulted owner and/or operator, or from the performance bond
or letter of credit. All unreimbursed or uncovered costs incurred
by the Town shall be assessed against the property, shall become a
lien and tax upon the property, and shall be enforced and collected
with interest by the same officer and in the same manner as other
taxes.
