[HISTORY: Adopted by the Board of Trustees of the Village
of Horseheads 9-26-2019 by L.L. No. 3-2019. Amendments noted where
applicable.]
This solar energy law is adopted pursuant to §§ 7-700
through 7-704 of the Village Law and § 20 of the Municipal
Home Rule Law of the State of New York, which authorize the Village
to adopt zoning provisions that advance and protect the health, safety
and welfare of the community, and, in accordance with the Village
Law of New York State, "to make provision for, so far as conditions
may permit, the accommodation of solar energy systems and equipment
and access to sunlight necessary therefor."[1]
[1]
Editor's Note: See Village Law § 7-704.
This solar energy chapter is adopted to advance and protect
the public health, safety, and welfare of the Village by creating
regulations for the installation and use of solar energy generating
systems and equipment, with the following objectives:
A.
To take advantage of a safe, abundant, renewable and nonpolluting
energy resource;
B.
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family houses;
C.
To increase employment and business development in the Village, to
the extent reasonably practical, by furthering the installation of
solar energy systems; and
D.
To mitigate the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife
and other protected resources.
A.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
FARMLAND OF STATEWIDE IMPORTANCE
GLARE
GROUND-MOUNTED SOLAR ENERGY SYSTEM
NATIVE PERENNIAL VEGETATION
POLLINATOR
PRIME FARMLAND
ROOF-MOUNTED SOLAR ENERGY SYSTEM
SOLAR ACCESS
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
(1)
(2)
(3)
SOLAR PANEL
STORAGE BATTERY
As used in this chapter, the following terms shall have the meanings
indicated:
A combination of solar panels and solar energy equipment
integrated into any building envelope system, such as vertical facades,
semitransparent skylight systems, roofing materials, or shading over
windows, which produce electricity for on-site consumption.
Land, designated as "farmland of statewide importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on
Web Soil Survey, that is of statewide importance for the production
of food, feed, fiber, forage, and oilseed crops, as determined by
the appropriate state agency or agencies. "Farmland of statewide importance"
may include tracts of land that have been designated for agriculture
by state law.
The effect by reflections of light with intensity sufficient,
as determined in a commercially reasonable manner, to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
A solar energy system that is anchored to the ground via
a pole or other mounting system, detached from any other structure,
that generates electricity for on- or off-site consumption.
Native wildflowers, forbs, and grasses that serve as habitat,
forage, and migratory way stations for pollinators and shall not include
any prohibited or regulated invasive species, as determined by the
New York State Department of Environmental Conservation.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
Land, designated as "prime farmland" in the U.S. Department
of Agriculture Natural Resources Conservation Service (NRCS)'s
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.
A solar energy system located on the roof of any legally
permitted building or structure that produces electricity for on-
or off-site consumption.
Space open to the sun and clear of overhangs or shade, so
as to permit the use of active and/or passive solar energy systems
on individual properties.
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
The components and subsystems required to convert solar energy
into electric energy suitable for use. The term includes, but is not
limited to, solar panels and solar energy equipment. The area of a
solar energy system includes all the land inside the perimeter of
the solar energy system, which extends to any interconnection equipment.
A solar energy system is classified as a Tier 1, Tier 2, or Tier 3
solar energy system as follows:
Tier 2 solar energy systems include ground-mounted solar energy
systems with a total surface area of all solar panels on the lot of
up to 2,000 square feet and that generate up to 110% of the electricity
consumed on the site over the previous 12 months.
Tier 3 solar energy systems are systems that are not included
in the list for Tier 1 and Tier 2 solar energy systems.
A photovoltaic device capable of collecting and converting
solar energy into electricity.
A device that stores energy and makes it available in an
electrical form.
A.
The requirements of this chapter shall apply to all solar energy
systems permitted, installed, or modified in the Village after the
effective date of this chapter excluding general maintenance and repair.
B.
Solar energy systems constructed or installed prior to the effective
date of this chapter shall not be required to meet the requirements
of this chapter.
C.
Modifications to an existing solar energy system that increase the
solar energy system area by more than 5% of the original area of the
solar energy system (exclusive of moving any fencing) shall be subject
to this chapter.
D.
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the NYS Uniform Fire Prevention and Building
Code ("Building Code"), the NYS Energy Conservation Code ("Energy
Code"), and the Village Code.
A.
A building permit shall be required for installation of all solar
energy systems.
B.
Issuance of permits and approvals by the Village of Horseheads Board
of Trustees shall include review pursuant to the State Environmental
Quality Review Act, ECL Article 8[1] and its implementing regulations at 6 NYCRR Part 617 ("SEQR").
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
All Tier 1 solar energy systems shall be permitted in all zoning districts and shall be exempt from site plan review under Village Code Chapter 245, Zoning, or other land use regulations, subject to the following conditions for each type of solar energy system.
A.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems shall incorporate, when feasible,
the following design requirements:
(a)
Solar panels on pitched roofs shall be mounted with a maximum
distance of eight inches between the roof surface the highest edge
of the system.
(b)
Solar panels on pitched roofs shall be installed parallel to
the roof surface on which they are mounted or attached.
(c)
Solar panels on pitched roofs shall not extend higher than the
highest point of the roof surface on which they are mounted or attached.
(d)
Solar panels on flat roofs shall not extend above the top of
the surrounding parapet, or more than 24 inches above the flat surface
of the roof, whichever is higher.
(2)
Glare: All solar panels shall have antireflective coating(s).
(3)
Height: All roof-mounted solar energy systems shall comply with the height limitations in Appendix 3.[1]
[1]
Editor's Note: Appendix 3 is included as an attachment to this chapter.
B.
Building-integrated solar energy systems shall be shown on the plans
submitted for the building permit application for the building containing
the system.
All Tier 2 solar energy systems shall be permitted in all zoning districts as accessory structures and shall be exempt from site plan review under Village Code Chapter 245, Zoning, or other land use regulations, subject to the following conditions:
A.
Glare: All solar panels shall have antireflective coating(s).
B.
Setbacks: Tier 2 solar energy systems shall be subject to the setback
regulations specified for the accessory structures within the underlying
zoning district. All ground-mounted solar energy systems shall only
be installed in the side or rear yards in residential and commercial
districts.
C.
Height: Tier 2 solar energy systems shall comply with the height limitations in Appendix 3.[1]
[1]
Editor's Note: Appendix 3 is included as an attachment to this chapter.
D.
Screening and visibility.
(1)
All Tier 2 solar energy systems shall have views minimized from adjacent
properties, to the extent reasonably practicable.
(2)
Solar energy equipment shall be located in a manner to reasonably
avoid and/or minimize blockage of views from surrounding properties
and shading of property to the north, while still providing adequate
solar access.
E.
Lot size: Tier 2 solar energy systems shall comply with the existing
lot size requirement specified for accessory structures within the
underlying zoning district.
All Tier 3 solar energy systems are permitted through the issuance
of a special use permit within the M-1 and L-1 zoning districts, and
subject to site plan application requirements set forth in this section.
A.
Applications for the installation of Tier 3 solar energy system shall
meet the following requirements:
(1)
Applications shall be reviewed by the Code Enforcement Officer for
completeness. Applicants shall be advised within 10 business days
of the completeness of their application or any deficiencies that
must be addressed prior to substantive review.
(2)
Applications shall be subject to a public hearing to hear all comments
for and against the application. The Village of Horseheads Board of
Trustees shall have a notice published in a newspaper of general circulation
in the Village at least five days in advance of such hearing. Applicants
shall have delivered the notice by first-class mail to adjoining landowners
or landowners within 200 feet of the property at least 10 days prior
to such a hearing. Proof of mailing shall be provided to the Board
of Trustees at the public hearing.
(3)
Applications shall be referred to the Chemung County Planning Department
pursuant to General Municipal Law § 239-m, if required.
(4)
Upon closing of the public hearing, the Board of Trustees shall take
action on the application within 62 days of the public hearing, which
can include approval, approval with conditions, or denial. The sixty-two-day
period may be extended upon consent by both the Board of Trustees
and applicant.
B.
Underground requirements and areas of potential sensitivity. All
on-site utility lines shall be placed underground to the extent feasible
and as permitted by the serving utility, with the exception of the
main service connection at the utility company right-of-way and any
new interconnection equipment, including without limitation any poles,
with new easements and right-of-way. Areas of potential sensitivity
include:
(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 a historic district
or historic district transition zone;
(3)
Areas within 100 feet landward of a fresh water wetland;
(4)
Areas adjoining to or within the control zone of an airport;
(5)
A clearing of one acre or more of land (stormwater regulations may
apply);
(6)
Farmland of statewide importance or prime farmland; and
(7)
Areas of potential housing or commercial development, other than
major systems or solar farms, which may require access to similar
utilities.
C.
Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
D.
Signage.
(1)
No signage or graphic content shall be displayed on the solar energy
system except the manufacturer's name, equipment specification
information, safety information, and twenty-four-hour emergency contact
information. Said information shall be depicted within an area no
more than eight square feet.
(2)
As required by National Electrical Code (NEC), disconnect and other
emergency shutoff information shall be clearly displayed on a light-reflective
surface. A clearly visible warning sign concerning voltage shall be
placed at the base of all pad-mounted transformers and substations.
E.
Glare. All solar panels shall have antireflective coating(s).
F.
Lighting. Lighting of the solar energy systems shall be limited to
that minimally required for safety and operational purposes and shall
be reasonably shielded and downcast from abutting properties.
G.
Decommissioning.
(1)
Solar energy systems that have been abandoned and/or not producing electricity for a period of one year shall be removed at the owner's and/or operator's expense, which at the owner's option may come from any security made with the Village as set forth in § 211-10C, if any.
(2)
A decommissioning plan (see Appendix 4 for sample[1]) signed by the owner and/or operator of the solar energy
system shall be submitted by the applicant, addressing the following:
(a)
The cost of removing the solar energy system.
(b)
The time required to decommission and remove the solar energy
system and any ancillary structures.
(c)
The time required to repair any damage caused to the property
by the installation and removal of the solar energy system.
[1]
Editor's Note: Appendix 4 is included as an attachment to this chapter.
(3)
Security.
(a)
The deposit, executions, or filing with the Village Clerk of
cash, bond, or other form of security reasonably acceptable to the
Village Board shall be in an amount sufficient to ensure the good
faith performance of the terms and conditions of the permit issued
pursuant hereto and to provide for the removal and restoration of
the site subsequent to removal. The amount of the bond or security
shall be 125% of the cost of removal of the Tier 3 solar energy system
and restoration of the property with an escalator of 2% annually for
the life of the solar energy system. The decommissioning amount shall
be reduced by the amount of the estimated salvage value of the solar
energy system.
(b)
In the event of default upon performance of such conditions,
after proper notice and expiration of any cure periods, the cash deposit,
bond, or security shall be forfeited to the Village, which shall be
entitled to maintain an action thereon. The cash deposit, bond, or
security shall remain in full force and effect until restoration of
the property, as set forth in the decommissioning plan, is completed.
(d)
In the event the security is insufficient to cover all of decommissioning
and restoration, the Village may recover all unreimbursed expenses
incurred from the owner and/or operator. The expenses shall 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.
H.
Site plan application. For any solar energy system requiring a special
use permit, site plan approval shall be required. In such a case,
site plan and special use permit approvals for solar energy systems
shall be the responsibility of the Village Board, in order to avoid
delay in the review of solar energy system applications. Any site
plan application shall include the following information:
(1)
Property lines and physical features, including roads, for the project
site.
(2)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, signage, travel ways, fencing, exterior lighting,
and screening vegetation or structures.
(3)
A one- or three-line electrical diagram detailing the solar energy
system layout, solar collector installation, associated components,
and electrical interconnection methods, with all National Electrical
Code compliant disconnects and over-current devices.
(4)
A preliminary equipment specification sheet that documents all proposed
solar panels, significant components, mounting systems, and inverters
that are to be installed. A final equipment specification sheet shall
be submitted prior to the issuance of building permit.
(5)
Name, address, and contact information of the proposed or potential
system installer and the owner and/or operator of the solar energy
system. Such information of the final system installer shall be submitted
prior to the issuance of building permit.
(6)
Name, address, phone number, and signature of the project applicant,
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the solar energy system.
(7)
Zoning district designation for the parcel(s) of land comprising
the project site.
(8)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
(9)
Erosion and sediment control and stormwater management plans prepared
to New York State Department of Environmental Conservation standards,
if applicable, and to such standards as may be established by the
Village Board.
(10)
Prior to the issuance of the building permit or final approval
by the Village Board, but not required as part of the application,
engineering documents must be signed and sealed by a New York State
(NYS) licensed professional engineer or registered architect.
I.
Special use permit standards.
(1)
Lot size: The property on which the Tier 3 solar energy system is placed shall meet the lot size requirements in Appendix 1.[2]
[2]
Editor's Note: Appendix 1 is included as an attachment to this chapter.
(2)
Setbacks: The Tier 3 solar energy system shall meet the setback requirements in Appendix 2.[3]
[3]
Editor's Note: Appendix 2 is included as an attachment to this chapter.
(3)
Height: The Tier 3 solar energy system shall comply with the height limitations in Appendix 3 depending on the underlying zoning district.[4]
[4]
Editor's Note: Appendix 3 is included as an attachment to this chapter.
(4)
Lot coverage.
(a)
The following components of a Tier 3 solar energy system shall
be considered in the calculations for lot coverage requirements:
[1]
Foundation systems, typically consisting of driven piles or
monopoles or helical screws with or without small concrete collars.
[2]
All mechanical equipment of the solar energy system, including
any pad-mounted structure for batteries, switchboard, transformers,
or storage cells.
[3]
Paved access roads servicing the solar energy system.
(b)
Lot coverage of the solar energy system, as defined above, shall
not exceed the maximum lot coverage requirement of the underlying
zoning district.
(5)
Fencing requirements. All mechanical equipment, including any structure
for storage batteries, shall be enclosed by a six-foot-high fence,
as required by NEC, with a self-locking gate to prevent unauthorized
access, and shall be kept locked except when being used or serviced.
(6)
Screening and visibility.
(a)
Solar energy systems smaller than five acres shall have views
minimized from adjacent properties, to the extent reasonably practicable,
using architectural features, earth berms, landscaping, or other screening
methods that will harmonize with the character of the property and
surrounding area.
(b)
Solar energy systems larger than five acres shall be required
to:
[1]
Conduct a visual assessment of the visual impacts of the solar
energy system on public roadways and adjacent properties. At a minimum,
a line-of-sight profile analysis shall be provided. Depending upon
the scope and potential significance of the visual impacts, additional
impact analyses, including for example a digital viewshed report,
may be required from the applicant.
[2]
Submit a screening and landscaping plan to show adequate measures
to screen through landscaping, grading, or other means so that views
of solar panels and solar energy equipment shall be minimized as reasonably
practical from public roadways and adjacent properties, to the extent
feasible.
[a]
The screening and landscaping plan shall specify
the locations, elevations, height, plant species, and/or materials
that will comprise the structures, landscaping, and/or grading used
to screen and/or mitigate any adverse aesthetic effects of the system.
The landscaped screening shall be comprised of a minimum of one evergreen
tree, at least six feet tall at time of planting, plus two supplemental
shrubs, at the reasonable discretion of the Village Board, all planted
within each 10 linear feet of the solar energy system. Existing vegetation
may be used to satisfy all or a portion of the required landscaped
screening.
J.
Ownership changes. If the owner or operator of the solar energy system
changes or the owner of the property changes, the special use permit
shall remain in effect, provided that the successor owner or operator
assumes, in writing, all of the obligations of the special use permit,
site plan approval, and decommissioning plan. A new owner or operator
of the solar energy system shall notify the Code Enforcement Officer
of such change in ownership or operator within 60 days of the ownership
change.
A.
Solar energy systems and solar energy equipment shall be certified
under the applicable federal and state electrical and/or building
codes as required.
B.
Solar energy systems shall be maintained in good working order and
in accordance with industry standards. Site access shall be maintained,
including snow removal, at a level acceptable to the Village Fire
Department.
C.
If storage batteries are included as part of the solar energy system,
they must be placed in a secure container or enclosure and shall meet
the requirements of any applicable fire prevention and building code
when in use and, when no longer used, shall be disposed of in accordance
with the laws and regulations of the Village and any applicable federal,
state, or county laws or regulations.
A.
The special use permit and site plan approval for a solar energy
system shall be valid for a period of 12 months, provided that a building
permit is issued for construction or construction is substantially
commenced within said period. In the event construction is not completed
in accordance with the final site plan, as may have been amended and
approved, as required by the Village Board, within 18 months after
approval, the applicant may apply to the Village Board for an extension
of time to complete construction for 180 days. If the owner and/or
operator fails to perform substantial construction after 24 months,
the approvals shall expire.
B.
Upon cessation of electricity generation of a solar energy system
on a continuous basis for 12 months, the Village may notify and instruct
the owner and/or operator of the solar energy system to implement
the decommissioning plan. The decommissioning plan must be completed
within 360 days of notification.
C.
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Village may, at its discretion, utilize
the bond and/or security for the removal of the solar energy system
and restoration of the site in accordance with the decommissioning
plan.
Any violation of this solar energy law shall be subject to the
same enforcement requirements, including the civil and criminal penalties,
provided for in the Village Code.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision, or phrase of the aforementioned
sections, as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional, shall not affect the validity
or enforceability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and
effect.
