The Town of Lysander, through these regulations, seeks to promote
the safe, effective, and efficient use of on-site-use solar energy
systems in order to reduce on-site and off-site consumption of utility-supplied
energy, and to balance the use of such solar energy systems with potential
impacts on the health, safety and welfare of the residents of the
Town of Lysander and to preserve and protect the aesthetic qualities
of the Town of Lysander.
As used in this article, the following terms shall have the meanings indicated, unless the context or subject matter requires otherwise. The definitions contained in this Article
XXIX are intended specifically for this article and not any other section of the Lysander Code.
COLLECTIVE SOLAR
Solar installations owned collectively through subdivision
homeowner associations, college student groups, "adopt-a-solar-panel"
programs, or other similar arrangements.
FLUSH-MOUNTED SOLAR PANEL
A photovoltaic panel or tile that is installed flush to the
surface of a roof and which cannot be angled or raised.
FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is directly installed in the ground
and is not attached or affixed to an existing structure. Pole-mounted
solar energy systems shall be considered freestanding or ground-mounted
solar energy systems for purposes of this article.
PERMIT-GRANTING AUTHORITY
The Town Code Enforcement Office, which is charged with granting
permits for the operation of solar energy systems.
PHOTOVOLTAIC (PV) SYSTEMS
A solar energy system that produces electricity by the use
of semiconductor devices, called "photovoltaic cells," that generate
electricity whenever light touches them.
QUALIFIED SOLAR INSTALLER
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition. Persons
who are not on NYSERDA's list of eligible installers or NABCEP's list
of certified installers may be deemed to be qualified solar installers
if the Town Code Enforcement Officer or such other Town officer or
employee as the Town Board designates determines such persons have
had adequate training to determine the degree and extent of the hazard
and the personal protective equipment and job planning necessary to
perform the installation safely. Such training shall include the proper
use of special precautionary techniques and personal protective equipment,
as well as the skills and techniques necessary to distinguish exposed
energized parts from other parts of electrical equipment and to determine
the nominal voltage of exposed live parts.
ROOFTOP OR BUILDING-MOUNTED SOLAR SYSTEM
A solar power system in which solar panels are mounted on
top of the structure of a roof either as a flush-mounted system or
as modules fixed to frames which can be tilted toward the south at
an optimal angle.
SETBACK
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.
SMALL-SCALE SOLAR
For purposes of this chapter, the term "small-scale solar"
refers to solar photovoltaic systems that produce up to 10 kilowatts
(kW) per hour of energy or solar-thermal systems which serve the building
to which they are attached, and do not provide energy for any other
buildings.
SOLAR COLLECTOR
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 ENERGY EQUIPMENT/SYSTEM
Solar collectors, controls, energy storage devices, heat
pumps, heat exchangers, and 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.
SOLAR FARM or SOLAR POWER PLANT
Energy generation facility or area of land principally used
to convert solar energy to electricity, whether by photovoltaics,
concentrating solar-thermal devices or various experimental solar
technologies, with the primary purpose of wholesale or retail sales
of electricity.
SOLAR PANEL
A device for the direct conversion of solar energy into electricity.
SOLAR-THERMAL SYSTEMS
Solar-thermal systems directly heat water or other liquid
using sunlight. The heated liquid is used for such purposes as space
heating and cooling, domestic hot water, and heating pool water.
[Amended 9-3-2020 by L.L.
No. 4-2020; 11-19-2020 by L.L. No. 6-2020]
Solar farms and solar power plants shall only be permitted in
the Agricultural (A) and AR-40 Districts; in the incentive zoning
overlay district areas, solar farms and solar power plants will be
considered as part of the overall incentive zoning letter of intent,
provided they meet the Town's goals and objectives for the incentive
zoning overlay area; as an "electric generating" use subject to site
plan review by the Planning Board subject to the following supplementary
regulations:
A. Solar farms and solar power plants in Agricultural Districts can
only be located on lots of 20 acres or larger with a maximum coverage
of 50% of the lot. Solar farms and solar power plants in AR-40 Zones
and incentive overlay zones can only be located on lots of 30 acres
or larger with a maximum coverage of 50% of the lot.
B. All solar farms and solar power plants shall comply with all setbacks
within the zoning district. However, in addition, all solar panels
and related equipment shall be set back at least 200 feet from all
property lines, public roads, power lines and preexisting and future
structures, unless full visual screening is provided. Additional setbacks
may be required by the Planning Board in order to provide for the
public's safety, health and welfare.
C. Solar farms and solar power plants shall be enclosed by perimeter
fencing to restrict unauthorized access at a height of not less than
eight feet.
D. The solar manufacturer's or installer's identification and appropriate
warning signage shall be posted on the perimeter of the security fence
every 100 feet and clearly visible.
E. Solar farm and solar power plant buildings and accessory structures
shall, to the extent reasonably possible, use materials, colors, and
textures that will blend the facility into the existing environment.
F. Appropriate landscaping and/or screening materials may be required
to help screen the solar farm or solar power plant and accessory structure
from major roads and neighboring residences.
G. The average height of the solar panel arrays on any given lot shall
not exceed 20 feet.
H. Solar farm and solar power plant panels and equipment shall be surfaced,
designed and located so as not to reflect glare onto adjacent properties
and roadways.
I. On-site power lines shall be placed underground to the extent feasible.
J. The following requirements shall be met for decommissioning:
(1)
A reclamation bond in an amount equal to the NYSERDA New York State Solar Guidebook estimated decommissioning cost shall be filed with the Town Clerk to cover the costs of reclamation of any and all solar system installation components whether above or below ground. In addition, should the solar system be nonoperational for any continuous twelve-month period (to be consistent with Subsection
J(2) below) or if the bond expires and is not renewed, the approvals granted shall be deemed void and the solar system shall be decommissioned or subject to a new approval under this section. Such bond shall be in place prior to the issuance of a building permit. The value of the decommissioning security shall be required to increase 2.5% annually to cover the cost of inflation.
(2)
Solar farms and solar power plants which have not been active
and in continuous service for a period of one year shall be removed
at the expense of the owner or operator of the solar farm.
(3)
The site shall be restored to as natural a condition as possible
within six months of removal.
The fees for all building permits required pursuant to this article as required by Chapter
320, shall be paid at the time each building permit application is submitted in such reasonable amount as the Town Board may by resolution establish and amend from time to time.
If any word, phrase, sentence, part, section, subsection, or
other portion of this article or any application thereof to any person
or circumstance is declared void, unconstitutional, or invalid for
any reason, then such word, phrase, sentence, part, section, subsection,
or other portion, or the prescribed application thereof, shall be
severable, and the remaining provisions of this article, and all applications
thereof, not having been declared void, unconstitutional, or invalid,
shall remain in full force and effect.
Where this article differs or conflicts with other laws, rules
and regulations, unless the right to do so is preempted or prohibited
by the county, state or federal government, the more restrictive or
protective of the Town and the public shall apply.
This article shall become effective upon filing with the New
York State Secretary of State.
This article is enacted pursuant to the Municipal Home Rule
Law. This article is intended to supersede any inconsistent provisions
of Town Law to the extent permitted by the New York State Constitution,
the Municipal Home Rule Law, or any other applicable statute.