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.
A. 
Any solar energy system erected, constructed, modified, or operated in the Town after the effective date of this chapter shall be in compliance with this chapter.
B. 
In order to promote innovative design and encourage the inclusion of alternative energy systems within the overall design of a building, solar energy systems determined by the Code Enforcement Officer to be building-integrated photovoltaic (BIPV) systems, as defined herein, are exempt from the requirements of this article. BIPV systems are still required to meet applicable building codes and obtain all necessary permits. The Code Enforcement Officer may request assistance from the Planning Board to determine whether a solar energy system should be considered a BIPV system.
C. 
The Town shall not be held liable for any damage incurred to the applicant's/owner's property or existing structures on the property due to the installation of a solar energy system.
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.
LARGE UTILITY-SCALE SOLAR ENERGY SYSTEM
Any solar energy system that is ground mounted and produces energy for the primary purpose of off-site consumption or sale.
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[1] 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.
[1]
Editor's Note: See Ch. 144, Zoning.
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.[1]
[1]
Editor's Note: See Ch. 144, Zoning.
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.
A. 
Roof-mounted solar energy systems that produce electricity on site for on-site consumption are permitted as an accessory use in all zoning districts in the Town.
B. 
Roof-mounted solar energy system installations shall incorporate the following design requirements:
(1) 
Rooftop-mounted solar energy systems shall meet the height requirements of the underlying zoning district. 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.
(a) 
Pitched roof: Solar energy panels shall not extend more than 18 inches higher than the finished roof to which they are mounted.
(b) 
Flat roof: The maximum height of a solar energy panel at its highest pitch shall not extend more than eight feet above the parapet wall.
C. 
Roof-mounted solar energy systems installed on residential/agricultural zoned structures shall be exempt from site plan review under the local Zoning Code[1] or other land use regulations; however, a review may be requested by the Town Building Inspector. All systems on commercial/industrial structures are subject to site plan review per Chapter 117.
[1]
Editor's Note: See Ch. 144, Zoning.
A. 
Building-mounted solar energy systems that produce electricity on site for on-site consumption are permitted as an accessory use in all zoning districts in the Town.
B. 
Building-mounted solar energy systems shall not extend more than 18 inches from the building wall, and in no instance shall any part of the system extend beyond the eave line 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.
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.