[Added 2-15-2017 by L.L.
No. 2-2017]
This article is adopted pursuant to §§ 261 through
263 of the Town Law of the State of New York, which authorizes the
Town of Jerusalem to adopt zoning provisions that advance and protect
the health, safety, and welfare of the community, and "to make provision
for, so far as conditions may permit, the accommodation of solar energy
systems and equipment and access to sunlight necessary therefor."
The purpose of this section is to advance and protect the public
health, safety, and welfare of Town of Jerusalem, including:
A.
Taking advantage of a safe, abundant, renewable, and nonpolluting
energy resource;
B.
Decreasing the cost of energy to the owners of commercial and residential
properties, including single-family houses; and
C.
Increasing employment and business development in the region by furthering
the installation of solar energy systems.
As used in this article, the following terms shall have the
meanings indicated:
A solar energy system consisting of a combination of photovoltaic
building components integrated into any building envelope system,
such as vertical facades including glass and other facade material,
semitransparent skylight systems, roofing materials, and shading over
windows.
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure for the primary purpose of producing electricity for onsite
consumption.
A solar energy system that is ground-mounted and produces
energy primarily for the purpose of off-site sale or consumption.
A person who has skills and knowledge related to the construction
and operation of solar energy equipment and installations and has
received safety training on the hazards involved. Persons may be deemed
to be qualified solar installers if the Town of Jerusalem determines
such persons have had adequate training to determine the degree and
extent of the hazard and the personal protective equipment and job
planning necessary to perform the installation safely. Such training
shall include the proper use of special precautionary techniques and
personal protective equipment, as well as the skills and techniques
necessary to distinguish exposed energized parts from other parts
of electrical equipment and to determine the nominal voltage of exposed
live parts.
A solar energy system located on the roof of any legally
permitted building or structure for the purpose of producing electricity
for on-site or off-site consumption.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
The requirements of this law shall apply to all solar energy
systems installed or modified after its effective date, excluding
general maintenance and repair and building-integrated photovoltaic
systems.
A.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems that use the electricity produced
on site or off site are permitted as an accessory use in all zoning
districts when attached to any lawfully permitted building or structure.
(2)
Height. Solar energy systems shall not exceed the maximum height
restrictions of the zoning district within which they are located,
and are provided the same height exemptions granted to building-mounted
mechanical devices or equipment.
(3)
Aesthetics. Roof-mounted solar energy system installations shall
incorporate, when feasible, the following design requirements:
B.
Ground-mounted solar energy systems.
(1)
Ground-mounted solar energy systems that use the electricity
produced primarily on site are permitted as accessory structures in
the Agricultural-Residential and Residential Districts.
(2)
Height and setback. Ground-mounted solar energy systems shall
adhere to the height and setback requirements of the underlying zoning
district.
(3)
Aesthetics. Ground-mounted solar energy system installations
shall incorporate, when feasible, the following design requirements:
(4)
Lot coverage systems are limited to 10% of the lot. The surface
area covered by ground-mounted solar panels shall be included in total
lot coverage.
(5)
Ground-mounted solar energy systems where more than 50% of the
electricity produced is used on site shall be exempt from site plan
review under the local zoning code or other land use regulations.
A.
Large-scale solar energy systems are permitted through the issuance
of a special use permit within the Agricultural-Residential District,
subject to the requirements set forth in this section, including site
plan approval. Applications for the installation of a large-scale
solar energy system shall be reviewed by the Code Enforcement Officer
and referred, with comments, to the Town of Jerusalem Zoning Board
of Appeals for its review and action, which can include approval,
approval on conditions, and denial.
B.
Special use permit application requirements. For a special permit
application, the site plan application is to be used as supplemented
by the following provisions.
(1)
If the property of the proposed project is to be leased, legal
consent between all parties specifying the use(s) of the land for
the duration of the project, including easements and other agreements,
shall be submitted.
(2)
Blueprints showing the layout of the solar energy system signed
by a professional engineer or registered architect shall be required.
(3)
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems,
and inverters that are to be installed.
(4)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
(5)
Decommissioning plan.
(a)
To ensure the proper removal of large-scale solar energy systems,
a decommissioning plan shall be submitted as part of the application.
Compliance with this plan shall be made a condition of the issuance
of a special use permit under this section. The decommissioning plan
must specify that after the large-scale solar energy system can no
longer be used or ceases to be used, it shall be removed by the applicant
or any subsequent owner. The plan shall demonstrate how the removal
of all infrastructure and the remediation of soil and vegetation shall
be conducted to return the parcel to its original state prior to construction.
The plan shall also include an expected timeline for execution. A
cost estimate detailing the projected cost of executing the decommissioning
plan shall be prepared by a professional engineer or contractor. Cost
estimations shall take into account inflation. Removal of large-scale
solar energy systems must be completed in accordance with the decommissioning
plan. The Town Code Enforcement Officer, after suspecting that a solar
energy system may be abandoned, shall notify the owner of such assessment
and the owner may produce data or records to the Town Zoning Board
of Appeals to prove that the solar energy system is active or has
been active within the year prior to the notice.
(b)
If the large-scale solar energy system is not decommissioned after being considered abandoned pursuant to § 160-159 hereof, the municipality may remove the system and restore the property. The actual cost of such decommissioning, removal of the system and restoration of the property, plus a service charge of 10% thereof to cover the cost of supervision and administration, shall be certified by the Town Code Enforcement Officer to the Town Supervisor, and such certified amount shall thereupon be charged and assessed against the owner, tenant or occupant of the property that was the subject of the violation. The expense, so assessed, shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town taxes and charges.
C.
Special use permit standards.
(1)
Height and setback. Large-scale solar energy systems shall adhere
to the height and setback requirements of the underlying zoning district.
(2)
Lot size. Large-scale energy systems shall be located on lots
with a minimum lot size of five acres.
(3)
Lot coverage. A large-scale solar energy system that is ground-mounted
shall not exceed 15,000 sq. ft. (0.35 acres). The surface area covered
by solar panels shall be included in total lot coverage.
(4)
Any application under this section shall meet any substantive
provisions contained in local site plan requirements in the zoning
code that, in the judgment of the Town of Jerusalem Planning Board,
are applicable to the system being proposed. If none of the site plan
requirements are applicable, the Town of Jerusalem Planning Board
may waive the requirement for site plan review.
(5)
Aesthetics. Large-scale solar energy system installations shall
incorporate, when feasible, the following design requirements:
(6)
The Town of Jerusalem Zoning Board of Appeals may impose conditions
on its approval of any special use permit under this section in order
to enforce the standards referred to in this section or in order to
discharge its obligations under the New York State Environmental Quality
Review Act (SEQRA).
Solar energy systems are considered abandoned after one year
without electrical energy generation and metered use thereof and must
be removed from the property. Applications for extensions are reviewed
by the Town of Jerusalem Planning Board for a period of two years.
