This chapter shall be referred to as "Local Law No. 3 of 2017 Adding Chapter
105 to the Albion Town Code Concerning Solar Energy Systems and Solar Energy Farms."
This chapter is adopted pursuant to the legislative authority
in Municipal Home Rule Law § 10, Town Law §§ 261
through 264, General Municipal Law § 96-a and § 119-dd
and Public Service Law, Article 10.
The Town of Albion (hereinafter referred to as "Albion") finds
that solar energy, as properly regulated, is clean, readily available
and a renewable energy source beneficial to Albion, its residents
and the general public. Among other things, solar energy can potentially
take advantage of a safe, abundant, renewable and nonpolluting energy
resource and can also decrease the cost of energy to commercial and
residential properties. Solar energy can increase employment and business
development in Albion by furthering the installation of solar energy
systems and solar energy farms. Albion finds a growing need to properly
site and regulate solar energy systems and solar energy farms within
Albion to protect residential, commercial, business and other areas
or land uses, to preserve the overall beauty, nature and character
of Albion to promote the effective and efficient use of solar energy
resources and to protect the health, safety and general welfare of
the citizens of Albion. Solar energy systems and/or solar energy farms
deplete land available for other uses, introduce industrial usage
into other nonindustrial areas and can potentially pose environmental
challenges. Solar energy systems and/or solar energy farms need to
be regulated for removal when no longer utilized and/or useful in
order to prevent environmental problems and/or abandonment of industrial
properties and/or such solar energy systems and/or solar energy farms.
As used in this chapter, the following terms shall have the
meanings indicated hereinbelow:
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
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.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
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 on-site
consumption.
LARGE-SCALE SOLAR ENERGY SYSTEM
A solar energy system that is ground-mounted and produces
energy primarily for the purpose of on-site usage or consumption not
to exceed 15 kilowatts (kw) direct current (dc) or more when operating
at maximum efficiency.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar panel 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.
SOLAR ENERGY EQUIPMENT
Electrical energy storage devises, material, hardware, inverters
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
SOLAR ENERGY SYSTEM
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
SOLAR FARM
The use of land where a series of one or more solar collectors
are placed in an area on a parcel of land for the purpose of generating
photovoltaic power and said series of one or more solar collectors
placed in an area on a parcel of land collectively has nameplate generation
capacity of at least 15 kilowatts (kw) direct current (dc) or more
when operating at maximum efficiency, for the purpose of off-site
sale, usage and/or consumption. The term "solar farm" shall not be
construed to include, so as to prohibit, or have the effect of prohibiting,
the installation of a solar collector that gathers solar radiation
as a substitute for traditional energy for water heating, active space
heating and cooling, passive heating or generating electricity for
a residential property. The term "solar farm" shall also not be construed
in such a way as to prohibit the installation or mounting of a series
of one or more solar collectors upon the roofs of residential and/or
commercial structures regardless of whether said series of one or
more solar collectors collectively has a total nameplate generation
of at least 15 kilowatts (kw) direct current (dc) or more when operating
at maximum efficiency.
SOLAR PANEL
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
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 Albion after the effective date, excluding
general maintenance and repair and/or building-integrated photovoltaic
systems, with the proviso that same comport with any and all noise
and glare regulations contained in the Albion Town Code currently
or in the future.
Any violation of this chapter shall be subject to the same civil
and criminal penalties provided for in the Albion Town Code, including
any applicable zoning regulations, and/or the laws of the State of New York.
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 any 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 the Municipal Home Rule Law § 27.