[Adopted 5-14-2018 by L.L. No. 2-2018]
This article is adopted pursuant to §§ 261 through
263 of the Town Law of the State of New York, which authorize the
Town of Stanford 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."
The purpose and objectives of this article are to create synergy
between solar and the desire to preserve the rural character of the
Town of Stanford, elevate ecological issues to an equal level with
other planning issues, and to require new development to capitalize
on natural assets, avoid landscape hazards and minimize environmental
impact. The proliferation of solar energy systems as an environmentally
friendly and cheaper energy alternative is expected in the coming
years, and this equipment and the installation thereof must be reasonably
regulated to protect the health, safety and welfare of the citizens
of the Town of Stanford and, to the maximum degree possible, to coordinate
and control the same to preserve and protect the aesthetic qualities
of the Town. The Town recognizes the demand for solar energy systems
and the need for the services they provide. This article regulates
solar energy system installations to ensure that any such proposed
energy system is designed, located, and installed in accordance with
sound planning by:
A. Promoting the health, safety and welfare of the residents of the
Town.
B. Minimizing the adverse visual effects of alternative energy systems
and protecting the natural features, aesthetics, residential and rural
character of the Town through careful planning, design. location,
buffering, and screening.
C. Avoiding potential damage to adjacent properties from falling or
flying debris from solar energy systems through careful engineering
and reasonable siting of energy system structures.
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 conduits 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.
SPECIAL USE PERMIT
A use which is deemed permissible within a given zoning district or districts but which may exhibit characteristics or create impacts incompatible with other uses provided therein. The special use shall, therefore, be subject to approval by the Planning Board in accordance with the conditions set forth for such use, as well as the applicable procedure specified in Article
VI of Chapter
164, Zoning.
If a solar energy system ceases to perform its originally intended
function for more than 12 consecutive months, the property owner shall
remove the solar energy system no later than 90 days after the end
of the twelve-month period. Applications for extensions are reviewed
by the Town Board, but such extension application must be made within
the twelve-month period of nonuse.
Any violation of this article shall be subject to the same civil
and criminal penalties provided for in the zoning regulations of the
Town of Stanford.
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.
To the extent that any provision of this article is inconsistent
with the Town Law or any other provision of Article 16 of the Town
Law, or of the Energy Law, or of the Real Property Law, or of the
General Municipal Law, the provisions of this article are expressly
intended to and do hereby supersede any such inconsistent provisions
under the Town's municipal home rule powers, pursuant to Municipal
Home Rule Law § 10(1)(ii)(d)(3) and (ii)(a)(14) and § 22
to supersede any inconsistent authority.
This article shall take effect immediately upon filing with
this state's Secretary of State.