[HISTORY: Adopted by the Town Board of the
Town of Horseheads 11-8-2017 by L.L. No. 3-2017. Amendments noted where applicable.]
It is in the public interest to provide for and encourage renewable
energy systems and a sustainable quality of life. The purpose of this
chapter is to facilitate the development and operation of renewable
energy systems based on sunlight. Solar energy systems are appropriate
in all zoning districts when measures are taken, as provided in this
chapter, to minimize adverse impacts on neighboring properties and
protect the public health, safety and welfare. Solar farms should
complement the municipality and its residents' way of life and
not be solely a method to replace otherwise viable current or future
use of property in the Town, for example, aesthetics of historically
or culturally significant property or views, tillable or farm land,
tree removal, impact upon future development in the area due to utility
requirements for operation of the solar farm with commercially viable
premises, as well as quality-of-life issues.
As used in this chapter, the following terms shall have the
meanings indicated:
A structure, the use of which is customarily incidental and
subordinate to the principal building, and which is located on the
same lot or premises as the principal building.
A solar energy system that consists of integrating photovoltaic
modules into the building structure, such as the roof or facade, and
which does not alter the relief of the roof.
Solar installations owned collectively through subdivision
homeowners' associations, college student groups, "adopt-a-solar-panel"
programs, or other similar arrangements.
A device that stores energy from the sun or another source
and makes it available for use.
Solar collector systems, panels, and tiles that are installed
flush to the surface of a roof or wall of a principal and/or an accessory
structure and which cannot be angled or raised for the direct conversion
of solar energy into electricity.
A solar collector system that is directly installed off the
ground and is not attached or affixed to an existing structure, and
used for the direct conversion of solar energy into electricity.
The effect produced by light with intensity sufficient to
cause annoyance, discomfort, or loss in visual performance and visibility.
An area of land or other area used for a solar collection
system principally used to capture solar energy and convert it to
electrical energy to transfer to the public electric grid in order
to sell electricity to or receive a credit from a public utility entity,
but also may be for on-site use. Solar farm facilities consist of
one or more freestanding ground- or roof-mounted solar collector devices,
solar-related equipment and other accessory structures and buildings,
including light reflectors, concentrators, and heat exchangers, substations,
electrical infrastructure, transmission lines and other appurtenant
structures and facilities.
A solar photovoltaic cell, panel, or array, or solar hot-air
or -water collector device, which relies upon solar radiation as an
energy source for collection, inversion, storage, and distribution
of solar energy for electricity generation or transfer of stored heat,
secondary to the use of the premises for other lawful purposes, with
the total surface area of all solar collectors on the lot not to exceed
4,000 square feet.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the grid so that they only pay for their net electricity usage
at the end of the month.
The Town of Horseheads Code Enforcement Officer is the authority
authorized to grant permits for the installation of alternative energy
systems.
A solar energy system that produces electricity by the use
of semiconductor devices, called "photovoltaic cells," that generate
electricity whenever light strikes them.
A solar collector in which solar panels are mounted on top
of a roof on a principal and/or an accessory structure, either as
a flush-mounted system, for the direct purpose of converting solar
energy into electricity.
The distance from a front lot line, side lot line, or rear
lot line of a parcel within which a freestanding or ground-mounted
solar energy system is installed.
A solar energy system that is designed and/or built to provide
power for use by owners, lessees, tenants, residents, or other occupants
of the premises on which it is erected, and is constructed for the
sale of excess power through an arrangement in accordance with New
York Public Service Law § 66-j or similar state or federal
law or regulation.
A group of multiple solar modules with purpose of harvesting
solar energy.
The smallest basic solar electric device which generates
electricity when exposed to light.
A solar photovoltaic cell, panel, or array, or solar hot-air
or -water collector device, which relies upon solar radiation as an
energy source for the generation of electricity or transfer of stored
heat.
Solar collectors, controls, energy devices, heat pumps, heat
exchangers, and/or other materials, hardware or equipment necessary
to the process by which solar radiation is collected, converted into
another form of energy, stored, protected from unnecessary dissipation,
and distributed. Solar systems include solar thermal, photovoltaic
and concentrated solar.
A device for the direct conversion of solar energy into electricity.
A device that stores energy from the sun and makes it available
in an electrical form.
Any solar collector, controls, solar energy device, heat
exchanger or solar thermal energy system which is directly installed
on the ground and not affixed to an existing structure.
A solar energy system that is designed and/or built to provide
energy as an ongoing commercial enterprise, or for commercial profit,
and designed to distribute energy generated to a transmission system
for distribution to customers rather than for use on the site. A utility-scale
solar use may include solar energy system equipment and uses, such
as, but not limited to, supporting posts and frames, buildings and/or
other structure(s), access drives, inverter equipment, wires, cables
and other equipment for the purpose of supplying electrical energy
produced from solar technologies, whether such use is a principal
use, a part of the principal use or an accessory use or structure.
A.
Rooftop and building-mounted solar collectors are permitted in all
zoning districts in the Town. Building permits shall be required for
installation of rooftop and building-mounted solar collectors.
B.
Ground-mounted and freestanding solar collectors are permitted as
accessory structures in all zoning districts of the Town, subject
to the following requirements:
(1)
The location of the solar collectors meets all applicable setback
requirements for accessory structures of the zone in which they are
located.
(2)
The height of the ground-mounted and freestanding solar collectors
and any mounts shall not exceed 15 feet in any zone, when oriented
at maximum tilt.
(3)
The total surface area of all solar collectors on the lot shall not
exceed 4,000 square feet and, when combined with all other buildings
and structures, including accessory structures, on the lot, shall
not exceed 50% lot coverage.
(4)
A building permit has been obtained for the solar collectors.
(5)
The solar collectors are located in a side or rear yard.
(6)
Solar collectors and other facilities shall be designed and located
in order to prevent reflective glare toward any inhabited buildings
on adjoining properties and roads.
C.
Where site plan approval is required elsewhere in the regulations
of the Town for a development or activity, the site plan review shall
include review of the adequacy, location, arrangement, size, design,
and general site compatibility of proposed solar collectors.
D.
All solar collector installations must be performed in accordance
with applicable electrical and building codes, the manufacturer's
installation instructions, and industry standards; and prior to operation
the electrical connections must be inspected by the Town Code Enforcement
Officer or by an appropriate electrical inspection person or agency,
as determined by the Town. In addition, any connection to the public
utility grid must be inspected by the appropriate public utility.
E.
When solar storage batteries are included as part of the solar collector
system, they must be placed in a secure container or enclosure meeting
the requirements of the New York State Building Code when in use,
and when no longer used shall be disposed of in accordance with the
laws and regulations of State of New York, Chemung County and other
applicable laws and regulations.
F.
If a solar collector ceases to perform its originally intended function
for more than 12 consecutive months, the property owner shall remove
the collector, mount and associated equipment and facilities no later
than 90 days after the end of the twelve-month period.
A.
Where applicable, and unless more-restrictive regulations also apply, the requirements of § 161-3 of this chapter shall apply to solar collectors and installations for major systems or solar farms, if applicable.
B.
A major system or solar farm shall be constructed pursuant to a site plan permit from the Town Planning Board, pursuant to Article XIII of the Zoning Code of the Town,[1] as the same may be amended from time to time, and must
meet the criteria set forth below and obtain all other necessary approvals.
C.
Areas of potential sensitivity:
(1)
Flood Hazard Zones A and AE on the FEMA Flood Maps, commonly referred
to as "100-year flood hazard zones."
(2)
Historic and/or culturally significant resources in an historic district
or historic district transition zone.
(3)
Within 100 feet landward of a freshwater wetland.
(4)
Adjoining to, or within, the control zone of any airport.
(5)
Clearing of one acre or more of land (stormwater regulations may
apply).
(6)
Tillable land or farmland.
(7)
Area of potential housing or commercial development, other than major
systems or solar farms, which may require access to similar utilities.
D.
A major system or solar farm may be permitted in all zoning districts
in the Town when authorized by site plan permit from the Planning
Board, subject to the following terms and conditions:
(2)
Design standards.
(a)
Removal of trees and other existing vegetation should be minimized
or offset with planting elsewhere on the property.
(b)
Roadways within the site shall not be constructed of impervious
materials and shall be designed to minimize the extent of roadways
constructed and soil compaction.
(c)
All on-site utility and transmission lines shall, to the extent
feasible, be placed underground.
(d)
Solar collectors and other facilities shall be designed and
located in order to prevent reflective glare toward any public roads
and/or inhabited buildings on adjoining properties.
(e)
All mechanical equipment, including any structure for batteries
or storage cells, shall be enclosed by a minimum six-foot-high fence
with a self-locking gate and provided with landscape screening.
(f)
A landscaped buffer shall be provided around all equipment and
solar collectors to provide screening from adjoining single-family
homes located within 75 feet of the common boundary, which single-family
homes shall have existed as of the date of approval of the site plan
and public roads. The landscaped buffer shall be a minimum of six
feet in height and located along the common boundary and be 200 feet
in length. Existing foliage may remain to comply with this requirement.
(g)
The developer shall provide a "proof of concept" letter from
the utility company acknowledging the solar farm will be connected
to the utility grid in order to sell electricity to the public utility.
(h)
Impact of the development upon lands or property which may retain
historical and/or cultural significance to the public at large.
(4)
Abandonment.
(a)
All applications for a solar farm shall be accompanied by a
decommissioning plan to be implemented upon abandonment, or cessation
of activity, or in conjunction with removal of the facility, prior
to issuance of a building permit.
(b)
If the applicant begins but does not complete construction of
the project within 18 months after receiving final site plan approval,
this may be deemed abandonment of the project and require implementation
of the decommissioning plan to the extent applicable.
(c)
The decommissioning plan must ensure the site will be restored
to a useful, nonhazardous condition without delay, including, but
not limited to, the following:
[1]
Removal of aboveground and below-ground equipment, structures
and foundations.
[2]
Restoration of the surface grade and soil after removal of equipment.
[3]
Revegetation of restored soil areas with native seed mixes,
excluding any invasive species.
[4]
The plan shall include a time frame for the completion of site
restoration work.
(d)
In the event the facility is not completed and functioning within
18 months of the issuance of the final site plan approval, the Town
may notify the operator and/or the owner to complete construction
and installation of the facility within 180 days. If the owner and/or
operator fails to perform, the Town may notify the owner and/or operator
to implement the decommissioning plan. The decommissioning plan must
be completed within 180 days of notification by the Town.
(e)
Upon cessation of activity of a constructed facility for a period
of 12 months, the Town may notify the owner and/or operator of the
facility to implement the decommissioning plan. Within 180 days of
notice being served, the owner and/or operator can either restore
operation equal to 80% of approved capacity or implement the decommissioning
plan.
(f)
If the owner and/or operator fails to fully implement the decommissioning
plan within the 180-day time period, the Town may, at its discretion,
provide for the restoration of the site in accordance with the decommissioning
plan and may recover all expenses incurred for such activities from
the defaulted property owner and/or operator. The cost incurred by
the Town may be assessed against the property, shall become a lien
and tax upon the property, and shall be enforced and collected with
interest by the same officer and in the same manner as other taxes.
