Town of Albion, NY Solar Energy Systems and Farms

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.

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.

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.

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.

[1]

Editor's Note: See Ch. 103, Zoning.

Ground-mounted solar energy systems.

Ground-mounted solar energy systems that use the electricity primarily on site are permitted as accessory structures in Albion.

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.

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]

[2]

Editor's Note: See Ch. 103, Zoning.

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).

§ 105-7 Application and approval standards for large-scale solar energy systems.

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.

Application requirements. For any application, same is to include the following provisions:

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.

Blueprints showing the layout of the solar energy system signed by a professional engineer or registered architect shall be required.

The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems and inverters that are to be installed.

Property operations and maintenance plan. Such plan shall describe continuing photovoltaic maintenance property upkeep such as mowing and trimming.

Application standards.

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.

Lot size. Large-scale solar energy systems shall be located on lots with a minimum lot size of 10 acres.

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]

[1]

Editor's Note: See Ch. 103, Zoning.

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.

All applications shall meet any substantive provisions contained in local site plan requirements in the zoning code[2] that, in the judgment of Albion, are applicable to the system being proposed.

[2]

Editor's Note: See Ch. 103, Zoning.

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).

§ 105-8 Solar farms.

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.

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.

The following application information is required:

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.

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.

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.

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.

Documentation of the major system components to be used, including the PV panels, mounting system and inverter.

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)

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:

Solar farms of at least 15 kw shall be on a parcel of not less than 10 acres.

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.

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.

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.

The installation of a vegetated perimeter buffer to provide year-round screening of the system from adjacent properties.

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.

The following additional conditions shall apply to solar farms:

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.

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.

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.

§ 105-9 Abandonment and decommissioning.

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.

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:

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.

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.

Include an expected time line for execution and completion.

Include a cost estimate detailing the projected expense of executing the decommissioning plan to be prepared by a professional engineer or registered architect.

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.