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:
APPLICANT
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.
BUILDING-MOUNTED SOLAR ENERGY SYSTEMS
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.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
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.
ROOFTOP-MOUNTED SOLAR ENERGY SYSTEM
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.
UTILITY-SCALE SOLAR ENERGY SYSTEM
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.