The Town finds that restrictions or regulations in regard to
the use of land within the Town for solar power projects or private
solar projects are appropriate to properly address community impact,
concerns or issues in a manner in which is meaningful and consistent
with the Comprehensive Plan of the Town.
The Town Board of the Town of Holland makes the following findings:
A.
The Town Board of the Town of Holland recognizes that solar energy
is a clean, readily available and renewable energy source, and the
Town of Holland intends to accommodate the use of solar energy systems.
B.
However, the Town Board finds a growing need to properly site solar
energy systems within the boundaries of the Town of Holland to protect
residential, business areas and other land uses; to preserve the overall
beauty, nature and character of the Town of Holland; to promote the
effective and efficient use of solar energy resources; and to protect
the health, safety and general welfare of the citizens of the Town
of Holland.
C.
Prior to the adoption of this chapter, no specific procedures existed
to address the siting of solar energy systems. Accordingly, the Town
Board finds that the promulgation of this chapter is necessary to
direct the location and construction of these systems.
D.
Solar energy systems need to be regulated for removal when no longer
utilized.
The following definitions shall apply to this chapter:
The person or entity filing an application and seeking an
approval under this chapter; the owner of a solar energy system or
a proposed solar energy system project; the operator of solar energy
system or a proposed solar energy system project; any person acting
on behalf of an applicant, solar energy system or proposed solar energy
system. Whenever the term "applicant," "owner," or "operator" is used
in this chapter, said term shall include any person acting as an applicant,
owner or operator.
A solar energy system that is affixed to the side(s) of a
building or other structure either directly or by means of support
structures or other mounting devices, but not including those mounted
to the roof or top surface of a building. Said system is designed
and intended to generate energy primarily for on-site consumption.
A solar energy system that is affixed to the ground either
directly or by support structures or other mounting devices. Said
system is an accessory structure, designed and intended to generate
electricity primarily for on-site consumption.
Any solar energy system that is affixed to the roof of a
building and wholly contained within the limits of the roof surface.
Said system is designed and intended to generate energy primarily
for on-site consumption.
Any solar energy system that cumulatively on a lot is designed
and intended to supply energy primarily into a utility grid for off-site
sale or consumption.
Use districts where allowed. Subject to the provisions of this
chapter, solar energy systems shall be allowed as follows:
A.
Rooftop-mounted and building-mounted solar energy systems are permitted in all zoning districts in the Town. Ground-mounted solar energy systems are permitted as accessory structures in all zoning districts of the Town subject to the restrictions in § 102-7.
B.
Utility-scale solar energy systems are only permitted in R-A Zoning
District.
C.
Any inconsistent provisions of the Zoning Law which purport to or
may be interpreted to allow solar energy systems in other districts
are hereby superseded.
D.
The provisions of this chapter apply to solar electricity generation
and solar water heating systems.
The placement, construction, and major modification of all solar
energy systems within the boundaries of the Town of Holland shall
be permitted only as follows:
A.
All proposed solar energy systems are required to follow at least
the minimum standards set forth by the New York State building codes,
and all specifications for such systems must be accompanied by a set
of drawings stamped by a New York State-certified engineer or registered
architect and code review checklist.
B.
All solar energy systems are required to obtain a permit from the
Town of Holland Building Department.
C.
Building-mounted, ground-mounted and roof-mounted solar energy systems
capable of producing 25 kw of energy or less require a permit from
the Town of Holland Building Department.
D.
Building-mounted, ground-mounted and roof-mounted solar energy systems
capable of producing more than 25 kw of energy require site plan approval
from the Town Board and a building permit from the Town of Holland
Building Department.
E.
Utility-scale solar energy systems and all solar energy systems over
25 kw shall be subject to all provisions of this chapter and permitted
only in the approved district. These systems shall require a special
use permit, site plan approval from the Town Board and a building
permit from the Town of Holland Building Department.
F.
All solar energy systems existing on the effective date of this chapter
shall be allowed to continue usage as they presently exist. Routine
maintenance (including replacement with a new system of like construction
and size) shall be permitted on such existing systems. New construction
other than routine maintenance shall comply with the requirements
of this chapter.
G.
No solar energy system shall hereafter be used, erected, moved, reconstructed,
changed or altered except in conformity with these regulations.
H.
Any applications (including variance applications) pending for solar
energy systems on the effective date of this chapter shall be subject
to the provisions of this chapter.
I.
This chapter shall take precedence over any inconsistent provisions
of the Zoning Law of the Town of Holland.
J.
This chapter shall not apply to any lot owned by a municipality.
A.
Rooftop-mounted solar energy systems shall not be more than three
feet higher than the finished roof to which it is mounted. All proposed
installations must be accompanied with a set of drawings stamped by
a New York State-licensed engineer or registered architect verifying
the structural integrity of the building and a New York State code
compliance checklist.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Height above roof or from wall.
(1)
Pitched roof. Solar energy panels shall not be more than three feet
higher than the finished roof to which they are mounted.
(2)
Flat roof. The maximum height of a solar energy panel at its highest
pitch shall be no more than three feet above the parapet wall.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Building-mounted solar energy systems shall not be more than 18 inches
from the building wall, and in no instance shall any part of the system
extend beyond the eaveline or top of a parapet wall. All proposed
installations must be accompanied by a set of drawings stamped by
a New York State-licensed engineer verifying the structural integrity
of the building and a New York State code compliance checklist.
C.
Ground-mounted solar energy systems shall be subject to the following
requirements:
(1)
The location of said solar energy system shall be placed no closer
than two times the standard setback requirements for an accessory
building/structure of the zoning district in which it is located.
(2)
The location of said solar energy system shall be located only in
the side or rear yard.
(3)
The height of said solar energy system shall not exceed 15 feet when
oriented at maximum tilt.
(4)
The total surface area of said solar energy system on a lot shall
not exceed 800 square feet per acre in an R-1, R-2, GB, HB and M.
(5)
The total surface area of a non-utility-scale said solar energy system
on a lot situated in any zoning district shall not exceed 5% of the
total square footage of the entire lot.
(6)
A utility-scale solar energy system on a lot situated in the R-A
Agricultural District shall be a minimum of five acres.
D.
Site plan requirements for ground-mounted solar energy systems. If
site plan approval is required by this chapter for a ground-mounted
solar energy system or a site plan is requested by the Building Safety
Inspector/Zoning Enforcement Officer for any ground-mounted solar
energy system, the applicant shall be required to submit a site plan
in accordance with the Town of Holland's site plan requirements and
also drawn in sufficient detail as set forth below:
(1)
Plans and drawings of the solar energy system installation signed
by a New York State-certified engineer or registered architect showing
the proposal layout of the solar energy system along with a description
of all components, existing vegetation, any proposed clearing and
grading of the lot involved, any stormwater or erosion disturbances,
and utility lines, both above and below the ground, on the site and
adjacent to the site;
(2)
Property lot lines and the location and dimensions of all existing
structures and uses within 500 feet of the solar panels;
(3)
Any proposed fencing and/or screening for said project. Any proposed
fencing and/or screening for said project shall be a berm, living
fence or actual fence to camouflage for aesthetics;
[Amended 5-12-2021 by L.L. No. 1-2021]
(4)
Any such additional information as may be required by the Town's
professional engineer or consultant, Town Board, Town Attorney, Building
Safety Inspector/Zoning Enforcement Officer or other Town entity;
and
(5)
A public hearing on said site plan may be waived by the Town Board.
E.
Solar storage batteries. When solar storage batteries are included
as part of any solar energy system, they shall be placed in a secure
container or enclosure meeting the requirements of the New York State
Building Code.
F.
All solar energy systems shall adhere to all applicable federal,
state, county and Town of Holland laws, regulations and building,
plumbing, electrical, and fire codes.
G.
Any solar energy system shall be accessible for all emergency service
vehicles and personnel complying with the requirements of the New
York State Building Code.
H.
All structures and devices used to support solar collectors shall
be nonreflective and/or painted a subtle or earth-tone color.
I.
The design, construction, operation, and maintenance of any solar
energy system shall prevent the misdirection and/or reflection of
solar rays onto neighboring properties, public roads, and public parks
in excess of that which already exists.
J.
The development and operation of a solar energy system shall not
have a significant adverse impact on fish, wildlife, or plant species
or their critical habitats, or other significant habitats identified
by the Town of Holland or other federal or state regulatory agencies.
K.
Artificial lighting of any solar energy system shall be limited to
lighting required for safety and operational purposes and shall be
shielded from all neighboring properties and public roads.
L.
If the use of an approved solar energy system which required a special
use permit is discontinued, the owner or operator shall notify the
Building Safety Inspector/Zoning Enforcement Officer within 30 days
of such discontinuance. If a solar energy system is to be retained
and reused, the owner or operator shall further inform the Building
Safety Inspector/Zoning Enforcement Officer of this in writing at
such time and obtain any necessary approvals within one year; otherwise,
it shall be automatically deemed abandoned.
M.
Any solar energy system to be used strictly for agricultural use
purposes in accordance with the New York State Agriculture and Markets
Law may have some of the requirements of this chapter waived by the
Building Safety Inspector/Zoning Enforcement Officer or Town Board.
