The Town finds that restrictions of 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 which is meaningful and consistent
with the Comprehensive Plan of the Town.
The Town Board of the Town of Elma (hereinafter referred to
as "the Town") presents the following findings:
A. The Town Board recognizes that solar energy is a clean, readily available
and renewable energy source, and the Town 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 to protect residential
and business areas and other land uses, to preserve the overall beauty,
nature and character of the Town, 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.
C. Prior to the adoption of this article, no specific procedures existed
to address the siting of solar energy systems. Accordingly, the Town
Board finds that the promulgation of this article 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 article, including but not limited to, 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-INTEGRATED PHOTOVOLTAIC SYSTEM (BIPS)
A combination of photovoltaic building components integrated
into any building envelope system, such as vertical facades, including
glass and other facade materials, semitransparent skylight systems,
roofing materials, and shading over windows.
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 anchored to the ground and
attached to a pole(s) or other mounting system, detached from any
other structure, for the primary purpose of producing electricity
primarily for on-site consumption.
PROPERTY OWNER
The person or entity that holds title to the real property.
ROOFTOP-MOUNTED SOLAR ENERGY SYSTEM
A solar panel system located on the roof of any legally permitted
building or structure for the primary purpose of producing electricity
for on-site consumption.
SPECIAL USE PERMIT
A special use permit allows a parcel of land or property
to be used in a manner that deviates from normally accepted activities
in that area and creates an exception to zoning regulations and ordinances.
Subject to the provisions of this article, installation and
operation of solar energy systems shall be allowed in the Town as
follows:
A. Rooftop-mounted and building-mounted solar energy systems that produce
electricity on site for on-site consumption are permitted as an accessory
use in all zoning districts within the Town.
B. Ground-mounted solar energy systems are not a permitted use except
by special use permit.
C. Large utility-scale solar energy systems are not a permitted use
except by special use permit and shall only be considered in Commercial
(C3) and Industrial (I) Zones.
D. Any inconsistent provisions of the Zoning Law which purport to or may be interpreted so as to allow solar energy systems in other districts are hereby superseded by Subsection
B or
C.
E. The provisions of this article shall apply only 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 shall be permitted
only as follows:
A. All solar energy systems shall adhere to all applicable Town building,
plumbing, electrical, and fire codes.
B. 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 (NYS) licensed engineer or
registered architect.
C. All solar energy systems are required to obtain a permit from the
Town Building Department.
D. All solar energy systems existing on the effective date of this article
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 only on such existing systems. New construction
other than routine maintenance shall comply with the requirements
of this article.
E. No solar energy system shall hereafter be used, erected, moved, reconstructed,
changed or altered except in adherence to and conformity with the
regulations set forth in this article.
F. Any applications (including variance applications) pending for solar
energy systems on the effective date of this article shall be subject
to the provisions of this article.
G. This chapter shall take precedence over any inconsistent provisions
of the Zoning Law of the Town of Elma.
H. This chapter shall not apply to any lot owned by a municipality.
I. 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 or other federal or state regulatory agencies.
J. The design, construction, installation, 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. Proof from the photovoltaic
contractor that the installation of the solar energy system will not
reflect light or cause glare into the windows of neighbors shall be
provided with the building permit application. Proof could include,
but is not limited to, proper siting, angling, and orientation per
the contractor's design plans.
K. All structures and devices used to support solar collectors shall
be nonreflective and/or painted a subtle or earth-tone color.
L. 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.
M. 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.
N. 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 article waived by the
Building Inspector or Elma Town Board.
Ground-mounted solar energy systems are not a permitted use except by special use permit. See Article
II of this chapter for special use permit requirements and procedures.
A. 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.
B. The location of said solar energy system shall be placed no closer
than 750 feet from all property lot lines bordering a school or public
park.
C. The location of said solar energy system shall be only located in
the rear yard, behind the main structure.
D. The height of said solar energy system shall not exceed 15 feet when
oriented at maximum tilt.
E. The total surface area of said solar energy system on a lot shall
not exceed 800 square feet per acre in all zones.
Large utility-scale solar energy systems are not a permitted
use except by special use permit and would only be considered in Commercial
(C3) and Industrial (I) Zones. See below for special use permit requirements.
The large utility-scale solar energy system shall meet the following
conditions:
A. Setbacks.
In addition to the setback requirements of the underlying district,
any utility-scale solar energy system shall adhere to the following
setbacks:
(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) From
public roads and railroads: a minimum of 150 feet from any public
road or railroad (measured from the road right-of-way or property
line).
(3) From
schools or public parks: a minimum of 750 feet from all property lot
lines bordering a school or public park.
B. Maximum overall height. The height of a utility-scale solar energy
system shall not exceed 15 feet above grade when oriented at maximum
tilt.
C. Any expansions, modifications, or changes to the utility systems
are subject to the same review requirements as the original application.
D. A utility-scale solar energy system shall adhere to all applicable
federal, state, county and Town laws, regulations, and building, plumbing,
electrical, and fire codes.
E. Development and operation of a utility-scale 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 or other federal or state regulatory agencies.
F. The design, construction, operation, and maintenance of a utility-scale
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.
G. All structures and devices used to support solar collectors shall
be nonreflective and/or painted a subtle or earth-tone color.
H. All transmission lines and wiring associated with a utility-scale
solar energy system shall be buried or utilize existing overhead transmission
line structures and include necessary encasements in accordance with
the National Electrical Code and Town requirements. The applicant
is required to show the locations of all proposed overhead and underground
electric utility lines, including substations and junction boxes and
other electrical components for the project, on the site plan.
I. All transmission lines and electrical wiring shall be in compliance
with the utility company's requirements for interconnection.
J. Artificial lighting of utility-scale solar energy systems shall be
limited to lighting required for safety and operational purposes and
shall be shielded from all neighboring properties and public roads.
K. All large utility-scale solar energy systems shall be enclosed by
fencing to prevent unauthorized access. Warning signs with the owner's
contact information shall be placed on the entrance and perimeter
of the fencing.
L. Any signage used to advertise the solar energy facility shall be
in accordance with the Town's signage regulations.
M. A berm, landscape screen, or other opaque enclosure, or any combination
thereof acceptable to the Town capable of screening the site, may
be required along any property line that abuts an existing residence.
N. The total surface area of said solar energy system on a lot shall
not exceed 800 square feet per acre in all zones.