This article shall hereafter be known, cited and referred to
as the "Solar Energy Systems Law of the Town of Evans."
The Town of Evans Town Board recognizes that solar energy is
a clean, readily available source of renewable energy and intends
to accommodate the use of solar energy systems in the Town. Understanding
that there is growing need to properly site solar energy systems within
the boundaries of the Town, this article is designed to protect land
uses in the community and protect the health, safety and general welfare
of citizens; preserve the overall beauty, nature and character of
the Town; and promote effective and efficient use of solar energy
resources. Prior to the adoption of this article, the Town had no
specific procedures to address the use and siting of solar energy
systems. Hence, this article seeks to:
A. Provide property owners and business owners/operators with guidance
and flexibility in satisfying their energy needs and opportunities
for reducing their energy costs; and
B. Provide an opportunity for the use of alternative sources of energy
within the Town of Evans and promote clean energy; and
C. Ensure that our local community receives direct benefits from the
development of utility-scale solar systems and promote community solar
programs; and
D. Balance solar development with the protection of the Town's rural
character and the quality of its many agricultural, scenic, cultural,
environmental and community resources, including but not limited to,
neighborhoods, commercial corridors, historic sites and districts,
active farmlands, wetlands, woodlands, parklands and trails, wildlife
habitats, ecosystems, waterfronts, scenic views and vistas, and areas
for recreation and outdoor activities.
As used in this article, the following terms shall have the
meanings indicated:
ALTERNATIVE ENERGY SYSTEMS
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, electricity or other
forms of energy on a site and that may be attached to or separated
from the principal use.
ARRAY
Any number of electrically connected photovoltaic (PV) modules
providing a single electrical output.
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV)
The incorporation of photovoltaic materials into the physical
structure of a building. BIPV technologies include photovoltaic shingles
or tiles, photovoltaic laminates and photovoltaic glass. Examples
of placement include vertical facades, semitransparent skylights and
windows, awnings (including fixed awnings) and roofs.
BUILDING-MOUNTED SYSTEM
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 electricity solely for use on the subject
lot, potentially for multiple tenants, through a distribution system
that is not available to the public.
CELL
The smallest basic solar electric (photovoltaic) device that
can generate electricity when exposed to radiant energy (visible sunlight).
COMMUNITY SOLAR
Installations of solar photovoltaic systems that are shared
by a group of local residents and/or business owners, such as "adopt
a solar panel" programs or other similar arrangements, where multiple
community subscribers receive credit on their electricity bills for
their share of the power produced.
GLARE
To shine with a harsh, bright light.
GLINT
To shine in small, bright flashes.
GROUND-MOUNTED SYSTEM
A photovoltaic system mounted on a structure, pole or series
of poles that are constructed specifically to support the photovoltaic
system and not physically attached to any structure.
MEGAWATT
A unit of power equal to 1,000,000 watts.
MODULE
The smallest protected assembly of interconnected photovoltaic
cells.
PHOTOVOLTAIC (PV)
Any material or device with the capability to generate electric
current or voltage when exposed to electromagnetic radiation (radiant
energy), in particular visible light from the sun.
PRIME FARMLAND
Land designated as "prime farmland" (including prime farmland
if drained) in the U.S. Department of Agriculture Natural Resources
Conservation Service's (NRCS) Soil Survey Geographic (SSURGO) Database
on Web Soil Survey, that has the best combination of physical and
chemical characteristics for producing food, feed, forage, fiber,
and oilseed crops and is also available for these land uses.
QUALIFIED SOLAR INSTALLER
A person who has skills and knowledge related to the construction
and operation of photovoltaic solar equipment and installations and
has received safety training on the hazards involved therein. This
shall include persons who are on the list of eligible photovoltaic
installers, as 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).
Persons who are not on the NYSERDA or NABCEP lists of eligible or
certified installers may be deemed to be qualified solar installers
if the Code Enforcement Office of the Town of Evans determines such
persons to have had adequate training to determine the degree and
extent of any hazard and have the 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.
ROOF-MOUNTED SYSTEM
A solar power system in which solar panels are mounted on
top of the structure either as a flush-mounted system or as modules
fixed to frames that can be tilted or articulated to achieve an optimal
angle for tracking the sun.
SOLAR ACCESS
Land area or space that is open to the sun and clear of overhangs
or shade, including structures built on private property that do not
infringe on the rights of adjacent properties.
SOLAR PHOTOVOLTAIC SYSTEM (SPS)
A solar collection system consisting of one or more building-
and/or ground-mounted solar photovoltaic cells, modules, panels or
arrays and solar-related equipment that rely upon solar radiation
as an energy source for collection of solar energy, conversion of
solar energy to electricity, inversion of DC electricity to AC electricity
and storage/distribution of electricity generated through the system.
SPS TYPE 1
A utility (large) scale system designed solely for the purpose
of capturing solar energy, transferring it to the grid, and selling
electricity to the public utility entity by way of a value of distributed
energy resources (VDER), or other compensation mechanism(s) set forth
by the state and/or utility companies.
SPS TYPE 2
A small-scale system designed to generate no more than 110%
of the electricity consumed on a residential or commercial site over
the previous 12 months. A Type 2 system shall be permitted to supply
power to the local utility grid, on a limited basis, by way of VDER.
TRACKING SYSTEM
A number of photovoltaic modules mounted such that they track
the movement of the sun across the sky to maximize energy production,
either with a single-axis or dual-axis mechanism.
UTILITY-SCALE PHOTOVOLTAIC SYSTEM
A solar photovoltaic system that is designed and intended
to supply electrical energy solely to the utility grid for sale to
the general public.
VALUE OF DISTRIBUTED ENERGY RESOURCES (VDER)
The replacement for net metering agreements (NEM). This mechanism
compensates solar projects based on when and where they provide electricity
to the grid. NYSERDA New York State Energy Research and Development
Authority) provides additional guidance and calculations for VDER.