[Added 12-6-2017 by L.L.
No. 12-2017]
This Zoning for Solar Energy Law is adopted pursuant to §§ 261
through 263 of the Town Law of the State of New York, which authorize
the Town 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."
A.
This solar energy article is adopted as a new article in Chapter 270 Zoning, of the Code of the Town of Glenville to advance and protect the public health, safety, and welfare of the Town of Glenville, including:
(1)
Taking advantage of a safe, abundant, renewable, and nonpolluting
energy resource;
(2)
Decreasing the cost of energy to the owners of government, commercial
and residential properties, including single-family houses; and
(3)
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 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 off-site sale or consumption.
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 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 article 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 on
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:
(a)
Panels 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 and may not extend above a line 18 inches below
the roof's peak nor below a line on the roof where the building wall
would intersect with the roof.
(4)
Roof-mounted solar energy systems that use the energy on site
shall be exempt from site plan review under the Zoning Code or other
land use regulations.
(5)
Roof-mounted solar energy systems that are designed and/or operated
for off-site use of the energy are permitted in General Business (GB),
Highway Commercial (HC), Research, Development and Technology (RDT),
Riverfront Recreation/Commercial (RRC) and Airport (AZ) Zones, subject
to site plan review.
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 Highway
Commercial (HC), Research, Development and Technology (RDT), Riverfront
Recreation/Commercial (RRC) and Airport (AZ) Districts.
(2)
Height and setback. Ground-mounted solar energy systems shall
adhere to the height and setback requirements of the underlying zoning
district.
(3)
Lot coverage. Systems are limited to lot coverage of 25%. The
surface area covered by ground-mounted solar panels shall be included
in total lot coverage applicable in the zoning district.
(4)
All such systems shall be installed in the side or rear yards,
subject to rear and side lot line setback distances.
(5)
Ground-mounted solar energy systems that use the electricity
primarily on site shall require site plan review under the Zoning
Code or other land use regulations.
C.
Ground-mounted solar energy systems in
the Rural Residential/Agricultural zoning district.
[Added 1-22-2020 by L.L. No. 1-2020]
(1)
Ground-mounted solar energy systems
that generate no more than 110% of the annual on-site electrical load
are permitted as accessory structures in the Rural Residential/Agricultural
(RRA) District.
(2)
Height. The height of ground-mounted
systems in the Rural Residential/Agricultural zoning district shall
be 15 feet maximum as measured when solar panels and mounts are oriented
at maximum tilt. Solar panels and mounts shall be located in a manner
that reasonably minimizes shading of property to the north while still
providing adequate sunlight access for the panels.
(3)
Location and setback. Ground-mounted
systems in the Rural Residential/Agricultural district shall be installed
in the rear yard, subject to the rear yard lot line setback requirements
of the underlying zoning district.
(4)
Lot coverage. Systems in the Rural
Residential/Agricultural zoning district are limited, regardless of
lot size, to 1,000 square feet or 20% of the lot size, whichever is
less. The surface area covered by ground-mounted solar panels shall
be included in total lot coverage applicable in the zoning district.
(5)
Screening. A system shall be visibly
screened through landscaping, grading, fencing, or a combination thereof,
or by other means, so that views of solar energy systems shall be
minimized as reasonably practical from public roadways and adjacent
properties to the extent feasible. A screening and landscaping plan
shall be submitted, at the time of building permit application, specifying
the locations, elevations, height, plant species, and/or materials
that will comprise the structures, landscaping, and/or grading used
to screen year-round and/or mitigate any adverse aesthetic effects
of the system. The landscaped screening shall be planted no closer
than 10 linear feet from a system. Existing vegetation may be used
to satisfy all or a portion of the required landscaped screening.
The Town of Glenville Landscape Manual has a recommended planting
list.
(6)
Decommissioning.
(a)
Documentation verifying that the
system is active shall be provided upon request by the Building Department.
(b)
Systems either abandoned or not producing
electricity for a period of 12 consecutive months shall be removed
at the owner and/or operator's expense.
(c)
The site shall be restored to as
natural a condition as possible within six months of removal.
(d)
A decommissioning plan signed by
the owner and/or operator of the system shall be submitted by the
applicant upon a form prepared by the Building Department, addressing,
among other things, the following:
[Amended 4-21-2021 by L.L. No. 8-2021]
A.
Large-scale solar energy systems are permitted through the issuance
of a conditional use permit within Highway Commercial, Research, Development
and Technology, Riverfront Recreation/Commercial and Airport Districts,
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 Zoning Officer and referred,
with comments, to the Planning and Zoning Commission for its review
and action, which can include approval, approval on conditions, and
denial.
B.
Conditional use permit application requirements. For a conditional
use 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 among 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. 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 conditional use permit under this section.
The decommissioning plan must specify that after the large-scale solar
energy system can no longer 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 retained
by the Town at the sole cost and expense of the applicant. Cost estimations
shall take into account inflation. Security, in an amount to cover
the cost of the decommissioning plan, in a form acceptable to the
Town Attorney, shall be posted by the applicant before approval can
be granted. Removal of large-scale solar energy systems must be completed
in accordance with the decommissioning plan. If the large-scale solar
energy system is not decommissioned after being considered abandoned,
the municipality may remove the system and restore the property and
impose a lien on the property to cover these costs to the municipality.
C.
Conditional 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 solar energy systems shall be located
on lots with a minimum lot size of two acres and a maximum lot size
of 10 acres.
(3)
Lot coverage. A large-scale solar energy system that is ground-mounted
shall not exceed lot coverage of 25% of the lot on which it is installed.
The surface area covered by solar panels shall be included in total
lot coverage for all other purposes.
(4)
All large-scale solar energy systems shall be enclosed by fencing,
a minimum of six feet high and a maximum of eight feet high, 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 the Planning and Zoning Commission
after considering the nature, use and visual or aesthetic impacts
on adjoining properties. The fencing and the system may be required
to be further screened by landscaping to avoid adverse aesthetic impacts
as determined by the PZC.
(5)
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 Planning and Zoning Commission,
are applicable to the system being proposed.
(6)
The Planning and Zoning Commission may impose conditions on
its approval of any conditional 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 State Environmental Quality Review
Act (SEQRA).[1]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
Solar energy systems are considered abandoned after 90 days
without electrical energy generation and must be removed from the
property. Applications for extensions are reviewed by the Planning
and Zoning Commission for a period of 90 days.
Any violation of this solar energy article shall be subject
to the same civil and criminal penalties provided for in the zoning
regulations of the Town of Glenville.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision or phrase of the aforementioned
sections as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional shall not affect the validity
or enforceability of any other section, subsection, paragraph, sentence,
clause, provision or phrase, which shall remain in full force and
effect.
