This solar energy chapter is adopted pursuant to §§ 261
to 264 of the New York State Town Law, which authorizes the Town of
Bergen to adopt zoning parameters that advance and protect the health,
safety, and welfare of the community, and to make provisions for,
so far as conditions may permit, the accommodation of solar energy
systems and equipment and access to sunlight necessary therefor.
The Town Board of the Town of Bergen states the following as
its findings and legislative intent:
A. The Town Board of the Town of Bergen recognizes that solar energy
is a clean, readily available and renewable energy source and the
Town of Bergen intends to accommodate the use of solar energy systems.
B. In addition, the Town Board believes it to be necessary to regulate
and govern the proper and timely removal of solar energy systems upon
such systems becoming nonfunctional or when they are no longer being
utilized.
C. Prior to the adoption of this chapter, no specific procedures existed
to address the regulation and siting of solar energy systems. Accordingly,
the Town Board finds that the promulgation of this chapter is necessary
to direct the location, size and construction of these systems.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
The person or entity submitting an application and seeking
approval under this chapter; the owner of a solar energy system or
a proposed solar energy system project; the operator of a 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" or "owner" or "operator" are
used in this chapter, said term shall include any person acting as
an applicant, owner or operator.
BOND
Any form of security, including a cash deposit, surety bond,
collateral, property, or letter of credit, in an amount acceptable
to the Planning Board and form satisfactory to the Town Attorney.
Wherever a bond is required by the Town Code, alternate forms of security
shall be reviewed and may be approved by the Town Attorney and/or
Town Engineer.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
A combination of photovoltaic building components integrated
into any building envelope system such as vertical facades including
glass and other facade material, semitransparent skylight systems,
roofing materials, and shading over windows.
BUILDING-MOUNTED SOLAR ENERGY SYSTEM
Any solar energy system that is affixed to the side(s) or
rear 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.
FARMLAND OF STATEWIDE IMPORTANCE
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, which 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.
GLARE
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, nuisance, or loss in visual performance and visibility
in any material respects.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure, for the primary purpose of producing electricity for on-site
consumption.
PRIME FARMLAND
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, and located within Genesee County
Agriculture District 4 as defined by New York State Department of
Agriculture and Markets.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system mounted on the roof of any legally
permitted building or structure and wholly contained within the limits
of the roof surface for the purpose of producing electricity for on-site
consumption.
SOLAR ENERGY EQUIPMENT
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit devices associated with
the production of electrical energy.
SOLAR ENERGY SYSTEM
An electrical generating system composed of a combination
of either solar panels or solar energy equipment.
SOLAR PANEL
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
TYPES OF SOLAR ENERGY SYSTEMS
A.
SMALL-SCALE SOLAR ENERGY SYSTEMA solar energy system that is ground-mounted or roof-mounted, produces energy primarily for the purpose of on-site use, and does not exceed 2,000 square feet based on the perimeter occupied by the solar panels and produces less than 25kW (kilowatt).
B.
LARGE-SCALE SOLAR ENERGY SYSTEMA solar energy system that is ground-mounted and greater than 1,000 square feet based on the perimeter occupied by the solar panels and produces greater than 25kW (kilowatt), principally used to capture solar energy and convert it to electrical energy to transfer to the public electric grid in order to sell electricity to or receive a credit from a public utility entity, but also may be for on-site use.
If any clause, sentence, paragraph, subsection, section or part
of this chapter, or the application thereof to any person, individual,
firm or corporation, or circumstance shall be adjudged by a court
of competent jurisdiction to be invalid or unconstitutional, such
order or judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, subsection, section or part of this chapter, or in its
application to the person, individual, firm or corporation, or circumstance
directly involved in the controversy in which said order or judgment
shall be rendered.