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."
As used in this article, the following terms shall have the
meanings indicated:
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 off-site sale or consumption.
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 devices, 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 PANEL
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.
[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).
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.