[HISTORY: Adopted by the Town Board of the Town of Albion 10-2-2017 by L.L. No. 3-2017. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 103.
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:
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 on-site
consumption.
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.
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.
Electrical energy storage devises, 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.
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.
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.
A.
Roof-mounted
solar energy systems.
(1)
Roof-mounted
solar energy systems that use the electricity 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: panels facing the
front yard must be mounted at the same angle as the roof's surface
with a maximum distance of 18 inches between the roof and highest
edge of the system.
(4)
Roof-mounted
solar energy systems that use the energy on site shall be exempt from
site plan review under the local zoning code[1] or other land use regulations. Roof-mounted installations
can be installed in all properties regardless of zoning, subject to
applicable permit requirements to do so and applicable New York State
building codes.
B.
Ground-mounted
solar energy systems.
(1)
Ground-mounted
solar energy systems that use the electricity primarily on site are
permitted as accessory structures in Albion.
(2)
Height
and setback. Ground-mounted solar energy systems shall adhere to the
setback requirements of the underlying zoning district. All ground-mounted
panels shall not exceed 12 feet in height.
(3)
Lot
coverage. A ground-mounted solar energy system shall not exceed 50%
of the lot on which it is installed. The lot coverage percentage used
by any ground-mounted solar energy system, shall include all aspects
necessary or required for the system (i.e., fences, shrubbery, roadways,
parking) and said percentage shall be in conformity with any Albion
Town Code regulations concerning same, including zoning regulations.[2]
(4)
All
such systems are permitted in commercial or industrial zones only
(and not in residential zones) and shall be installed on the side
or rear portion of the subject property. Any request to install a
ground-mounted solar energy system on property zoned residential and/or
property contained in a agricultural farm district must either be
done by an appropriate application to the Zoning and/or Planning Board(s).
A.
Large-scale
solar energy systems are permitted through approval by Albion, subject
to the requirements set forth in this section, including site plan
approval. Applications for the installation of a large-scale solar
energy system are to be initiated and processed by the Albion Town
Planning Board. Thereafter, after appropriate review by said Board,
appropriate review action, approval, conditional approval and/or denial
can be made.
B.
Application
requirements. For any application, same is to include 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
operations and maintenance plan. Such plan shall describe continuing
photovoltaic maintenance property upkeep such as mowing and trimming.
C.
Application
standards.
(1)
Height
and setback. Large-scale solar energy systems shall adhere to the
setback requirements of the underlying zoning district as follows
herein. Any large-scale solar energy systems that are ground-mounted
shall not exceed a height of 15 feet. The retail business/commercial
and/or recreational front setback shall be 75 feet, the rear setback
shall be 25 feet and the side setback shall be 25 feet. The residential
and light industrial front setbacks shall be 100 feet; the rear and
side setbacks shall be 200 feet when abutting residential property
and shall be 100 feet when abutting business commercial zones.
(2)
Lot
size. Large-scale solar energy systems shall be located on lots with
a minimum lot size of 10 acres.
(3)
Lot
coverage. A large-scale solar energy system that is ground-mounted
shall not exceed 50% of the lot on which it is installed. The lot
coverage percentage used by any ground-mounted solar energy system
shall include all aspects necessary or required for the system (i.e.,
fences, shrubbery, roadways, parking) and said percentage shall be
in conformity with any Albion Town Code regulations concerning same,
including zoning regulations.[1]
(4)
All
large-scale energy systems shall be enclosed by fencing to prevent
unauthorized access. Warning signs with the owner's contact information
shall be placed on the entrance and perimeter of the fencing. The
type of fencing shall be determined by Albion. The fencing and the
system may be further screened by any landscaping needed to avoid
adverse aesthetic impacts.
(6)
Albion
may impose conditions on its approval of any special use permit in
order to enforce the standards referred to herein or in order to discharge
its obligations under the State Environmental Quality Review Act (SEQRA).
A.
The requirements
of this section are established for the purpose of allowing the development
of solar farms in Albion and to provide standards for the placement,
design, construction, operation, monitoring, modification and removal
of these systems.
B.
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.
C.
The following
application information is required:
(1)
Blueprints
or drawings of the solar photovoltaic installation signed by a licensed
professional engineer showing the proposed layout of the system and
any potential shading from nearby structures.
(2)
Proposed
changes to the landscape of site, grading, vegetation clearing and
planting, exterior lighting, screening vegetation or structures. Additionally,
any vegetation clearing can or may be considered to be a negative
impact for SEQRA purposes depending upon the scope of same.
(3)
A description
of the solar farm facility and the technical, economic and other reasons
for the proposed location and design shall be prepared and signed
by a licensed professional engineer that the solar farm complies with
all applicable federal and state standards.
(4)
One-
or three-phase line electrical diagram detailing the solar farm layout,
solar collector installation, associated components, and electrical
interconnection methods, with all National Electrical Code compliant
disconnects and overcurrent devices.
(5)
Documentation
of the major system components to be used, including the PV panels,
mounting system and inverter.
(6)
An
operation and maintenance plan which shall include measures for maintaining
safe access to the installation, stormwater controls, as well as general
procedures for operational maintenance of the installation.
(7)
Information
on noise (inverter) and reflectivity/glare of solar panels and identify
potential impacts to abutters.
(8)
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.
D.
In addition
to any site plan approval required by the Albion Planning Board herein,
a special use permit is required for a solar farm. The development
shall conform to the following standards which shall be regarded as
minimum requirements:
(1)
Solar
farms of at least 15 kw shall be on a parcel of not less than 10 acres.
(2)
Solar
farms shall adhere to the height and setback requirements of the underlying
zoning district except as follows herein. Any solar farms that are
ground-mounted shall not exceed a height of 15 feet. The retail business/commercial
and/or recreational front setback shall be 75 feet, the rear setback
shall be 25 feet and the side setback shall be 25 feet. The residential
and light industrial front setback shall be 100 feet; the rear and
side setback shall be 200 feet when abutting residential property
and shall be 100 feet when abutting business/commercial zones.
(3)
All
mechanical equipment on a solar farm, including any structure for
batteries or storage cells, are completely enclosed by a minimum eight-foot-high
fence with a self-locking gate.
(4)
The
total surface area of all ground-mounted and freestanding solar collectors,
including solar voltaic cells, panels and arrays, shall not exceed
50% of the total parcel area.
(5)
The
installation of a vegetated perimeter buffer to provide year-round
screening of the system from adjacent properties.
(6)
Because
of neighborhood characteristics and topography, Albion shall examine
the proposed location on a case-by-case basis, ensuring the potential
impact to its residents, business or traffic are not a detriment.
(7)
All
solar energy production systems are designed and located in order
to prevent reflective glare toward any habitable buildings, as well
as streets and rights-of-way.
(8)
All
on-site utility and transmission lines are, to the extent feasible,
placed underground.
(9)
The
installation of a clearly visible warning sign concerning voltage
must be placed at the base of all pad-mounted transformers and substations.
(10)
The
system is designed and situated to be compatible with the existing
uses on adjacent and nearby properties.
(11)
All
solar energy system components shall conform with the setback requirements
set forth in the Albion Town Code for the particular district.
(12)
Solar
modular panels shall not contain hazardous materials.
(13)
All
appurtenant structures, including but not limited to equipment shelters,
storage facilities, transformers and substations shall be architecturally
compatible with each other and shall be screened from the view of
persons not on the parcel.
(14)
Lighting
of solar farms shall be consistent with all state and federal laws.
Lighting of appurtenant structures shall be limited to that required
for safety and operational purposes and shall be reasonably shielded
from abutting properties. Where feasible, lighting of the solar photovoltaic
installation shall be directed downward and shall incorporate full
cutoff fixtures to reduce light pollution.
(15)
There
shall be no signs except announcement signs, such as "no trespassing"
signs or any signs required to warn of danger. A sign is required
that identifies the owner and operator with an emergency telephone
number where the owner and operator can be reached on a twenty-four-hour
basis. Any signage, laws, regulations and/or ordinances, including
the National Electrical Code and/or Emergency Services, shall prevail
over the requirements contained in the previous two sentences of this
subsection in the event that a conflict arises.
(16)
There
shall be a minimum of one parking space to be used in connection with
the maintenance of the solar photovoltaic facility and the site. However,
it shall not be used for the permanent storage of vehicles.
E.
The following
additional conditions shall apply to solar farms:
(1)
The
solar farm owner or operator shall provide a copy of the project summary,
electrical schematic and site plan to the local Fire Chief. Upon request,
the owner or operator shall cooperate with local emergency services
in developing an emergency response plan. All means of shutting down
the solar farm facility shall be clearly marked. The owner or operator
shall identify a responsible person for public inquiries through the
life of the installation.
(2)
No
solar farm shall be approved or constructed until evidence has been
given to Albion that the utility company operating the electrical
grid where the installation is to be located has authorized the interconnected
customer-owner generator.
(3)
A solar
farm owner or operator shall maintain the facility in good condition.
Maintenance shall include, but not be limited to, painting, structural
repairs and integrity of security measures. Site access shall be maintained
to a level acceptable to the local Fire Chief and emergency medical
services. The owner or operator shall be responsible for the cost
of maintaining the solar farm and any access road(s), unless accepted
as a public way.
A.
Any large-scale
solar energy systems and/or solar energy farms are considered abandoned
after six months without electrical energy generation and must be
removed from the property. Applications for extensions subsequent
to such an abandonment as described in the previous sentence can be
reviewed by the Albion Planning Board for a period of up to six months
after such abandonment.
B.
All applications
for any large-scale solar energy system and/or solar energy farm shall
include and be accompanied by a decommissioning plan to be implemented
upon abandonment and/or in conjunction with the removal of same and
shall:
(1)
Include
an affirmative obligation that after any large-scale solar energy
system and/or solar energy farm can no longer be used it shall be
removed by the applicant and/or any subsequent owner.
(2)
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.
(3)
Include
an expected time line for execution and completion.
(4)
Include
a cost estimate detailing the projected expense of executing the decommissioning
plan to be prepared by a professional engineer or registered architect.
(5)
Obligate
the owner, operator and/or successors in interest to remove any ground-mounted
solar collectors which have reached the end of their useful life or
have been abandoned; they shall physically remove the installation
no more than six months after the date of discontinued operations
and they shall notify Albion by certified mail of the proposed date
of discontinued operations and plans for removal.
(6)
An
obligation to physical removal of all ground-mounted solar collectors,
structures, equipment, security barriers and transmission lines from
the site.
(7)
Include
an obligation to dispose of all solid and hazardous waste in accordance
with local, state and federal waste disposal regulations.
C.
Absent notice of a proposed date of decommissioning and written notice of extenuating circumstances, any large-scale solar energy system and/or any solar energy farm shall be considered abandoned when it fails to operate (as set forth in Subsection A of this section) for more than six months without the written consent of the Albion Planning Board. If the owner or operator of any large-scale solar energy system and/or any solar farm fails to remove the installation in accordance with the requirements of this section within six months of abandonment or the proposed date of decommissioning, Albion may enter the property and physically remove the installation upon application to a court of appropriate jurisdiction to obtain access to said property for that purpose.
D.
In the
event the Albion Planning Board grants an application for a solar
farm, said Board shall require that the applicant and/or property
owner provide or establish a bond, surety bond, financial deposit,
undertaking, financial escrow and/or other financial security, the
amount, substance and character of which is to be determined by and
at the sole discretion of said Board, the spirit and intent of same
being to ensure that sufficient funds are available to remove the
installation and restore landscaping consistent with the best interests
of the landowner and/or Albion in the event the applicant fails to
comply with its decommissioning obligations with same to be annually
reviewed for financial sufficiency (with any decision relating to
continued financial sufficiency also to be in the sole discretion
of said Board). As a part of the foregoing review process, an owner
or operator shall provide financial documentation, financial statements
or any other information requested by said Board on an annual basis.
Albion reserves the right to request reasonable access to the property
upon notice and consent.
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,[1] 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.