[HISTORY: Adopted by the Town Board of the Town of Lima 6-4-2019 by L.L. No. 2-2019. Amendments noted where applicable.]
This solar energy chapter is adopted pursuant to §§ 261
through 263 of the New York State Town Law, which authorizes the Town
of Lima to adopt zoning provisions that advance and protect the health,
safety, and welfare of the community, and to provide for, so far as
conditions may permit, the accommodation of solar energy systems (as
hereafter defined) and equipment which generate electricity primarily
for on-site use.
This solar energy chapter is adopted to permit the construction
of solar energy systems in the Town of Lima in a manner that advances
and protects the public health, safety and welfare of the Town of
Lima while facilitating the production of renewable energy. In so
doing, this chapter seeks to:
A.
Take advantage of a safe, abundant, renewable and nonpolluting energy
resource.
B.
Preserve and protect the natural resources and prime farmland/farmland
of statewide importance within the Town of Lima in accordance with
the Town's Comprehensive Plan, inclusive of the Town's Agricultural
and Farmland Protection Plan, which requires consideration of uses
that support and facilitate agriculture and prohibition of uses that
do not.
C.
Permit solar installations as hereinafter defined in all zoning districts
for the production of renewable energy to be used principally on-site,
subject to reasonable conditions to mitigate potential impacts to
adjoining properties and preserve neighborhood aesthetics.
The Town Board of the Town of Lima makes the following findings:
A.
The Town Board of the Town of Lima has heretofore adopted a temporary
moratorium concerning the siting and construction of large scale or
commercial/industrial solar energy systems within the Town of Lima.
In connection with its review of this subject, the Town Board has
recognized the desirability of promulgating regulations as to the
siting and construction of solar energy systems in other applications.
The Town Board of the Town of Lima has not prohibited the erection
or creation of small-scale solar energy systems intended to primarily
benefit the property on which the solar energy system is located.
To date, existing solar energy systems in the Town of Lima have been
built and used in residential applications.
B.
The Town Board of the Town of Lima recognizes that solar energy is
a clean, readily available and renewable energy source. At this time,
the Town of Lima intends to accommodate the use of solar energy systems
in the context of residential and agricultural applications, as well
as single-user commercial applications in which the solar energy system
provides energy for the commercial property, but is not intended to
create sufficient excess solar energy to make its resale as a marketable
commodity the purpose of the solar energy system, but rather an incidental
or subordinate product thereof. The Town Board's determination
not to allow large-scale solar energy systems (as hereinafter defined)
is based on the Town's farmland protection objectives, recognition
of unique local conditions, i.e., the prevalence of highly productive
soils throughout the entire Town, and recognition that fragmentation
of the land base is counter to local objectives and threatens the
sustainability of agriculture.
C.
The Town Board acknowledges and finds a growing need to properly
site solar energy systems within the boundaries of the Town of Lima
so as to protect the large abundance of prime farmland/farmland of
statewide importance within the Town, residential properties, business
areas and other land uses, to preserve the overall beauty, nature
and character of the Town of Lima, 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 of Lima.
D.
Prior to the adoption of this chapter, no specific procedures existed
to address the siting of solar energy systems or to mitigate their
potential impact upon adjoining properties or the public view shed.
Accordingly, the Town Board finds that the promulgation of this chapter
is necessary to direct the location and construction of these systems.
E.
Solar energy systems need to be regulated for removal when no longer
utilized.
The following definitions shall apply to this chapter:
The person or entity filing an application and seeking approval
under this chapter.
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.
Any 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 said lot, potentially
for multiple tenants, through a distribution system that is not available
to the general public.
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.
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 material
aspects.
Any solar energy system that is affixed directly or indirectly
to the ground or land surface rather than attached to the wall or
roof of a structure. Said system is designed and intended to generate
electricity solely for use on said lot, potentially for multiple tenants,
through a distribution system that is not available to the general
public.
A solar energy system that is ground-mounted and produces
energy primarily for the purpose of off-site sale or consumption.
A large-scale solar energy system is not authorized or permitted,
but is prohibited by this chapter.
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.
Any solar energy system that is affixed to the roof of a
building and wholly contained within the limits of the roof surface.
Said system is designed and intended to generate electricity solely
for use on the lot (upon which the structure containing the solar
energy system is located), potentially for multiple tenants, through
a distribution system that is not available to the general public.
Space open to the sun and clear of overhangs or shade so
as to permit the uses of active and/or passive solar energy systems
on individual properties.
Electrical storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
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 of 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.
Tier 2 solar energy systems include ground-mounted solar energy
systems that generate no more than 110% (except in the Industrial
Use District as set forth immediately below) of the electricity consumed
on the site or more than one site or piece of property within the
jurisdictional limits of the Town of Lima owned by the same person,
entity, farm or business over the previous 12 months. Tier 2 solar
energy systems may include solar energy systems that are developed,
operated and maintained by a third party by lease agreement or through
a power purchase agreement, but in no event shall such systems produce
power in excess of the 110% maximum yield as referenced immediately
above.
Tier 2 solar energy systems located on properties that are currently
developed (as of the date of adoption of this chapter) and operating
as industrial use properties and are located in the Industrial Use
District located on the north and south sides of New York State Routes
5 and 20 and being easterly of the easterly line of the Village of
Lima shall be permitted to site and develop on such properties Tier
2 solar energy systems that generate up to 175% of the electricity
consumed on such site over the 12 months prior to development, so
long as such lands are already part of a parcel that has been developed
for industrial use and is not in agricultural production. This unique
and "area specific" provision is deemed appropriate because several
of the developed industrial use parcels already have significant electrical
infrastructure that provides capacity to easily and efficiently accept
a greater amount of electrical energy input from a solar energy system.
It is the specific intent of this provision that no land within the
Industrial Use District that is in agricultural production be removed
from such production in order to develop Tier 2 solar energy systems.
It is also the intent of this allowance to permit Tier 2 solar energy
systems at a higher level than would otherwise be permitted, only
as a secondary or accessory use that is subordinate to the principal
industrial use of such properties.
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 electrical energy.
A device that stores energy and makes it available in an
electrical form.
An expedited solar permitting process has been developed
by the NY-Sun public-private partnership, which process utilizes a
standard, unified permit across municipalities in New York State.
The placement, construction and major modification of all solar
energy systems within the boundaries of the Town of Lima shall be
permitted only as follows:
A.
A building permit issued by the Town of Lima Building Department
shall be required for the installation of any solar energy system.
B.
All solar energy systems existing on the effective date of this chapter
shall be allowed to continue in usage as such presently exist. Routine
maintenance (including replacement with a new system of like construction
and size) shall be permitted on such existing systems. New construction
other than routine maintenance shall comply with the requirements
of this chapter.
C.
No solar energy system shall hereafter be erected, moved, reconstructed,
changed or altered except in conformity with these regulations.
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 Town of Lima Code.
E.
Any applications pending for solar energy systems on the effective
date of this chapter shall be subject to the provisions of this chapter.
F.
This chapter shall take precedence over any inconsistent provisions
of the Zoning Law of the Town of Lima.
Subject to the provisions of this chapter, certain solar energy
systems shall be allowed as follows:
A.
Tier 1 solar energy systems are permitted outright in all zoning
districts in the Town.
B.
Tier 2 solar energy systems are permitted as accessory structures
in all zoning districts in the Town, except for Land Conservation
Districts (L-C). Tier 2 solar energy systems located in the Industrial
Use District on the north and south sides of New York State Routes
5 and 20 east of the Village of Lima have special allowances as set
forth in § 214-4B above.
C.
Tier 3 solar energy systems are prohibited in all zoning districts
in the Town.
D.
Any inconsistent provisions of the Zoning Law which purport to or
may be interpreted to regulate or to allow solar energy systems other
than as set forth in this chapter are hereby superseded.
A.
Tier 1 solar energy systems shall be permitted in all zoning districts
and shall be exempt from site plan review under the local Zoning Code
or other land use regulation, subject to the following requirements
for each type of solar energy system:
(1)
Roof-mounted solar energy systems may be attached to any lawfully
permitted building or structure and shall incorporate the following
design requirements:
(a)
Roof-mounted solar energy systems shall not exceed the maximum
height restrictions of the zoning district within which they are located
and are provided the same height exemptions granted to building-mounted
mechanical devices or equipment.
(b)
Solar panels on pitched roofs shall be mounted with a maximum
distance of 12 inches between the roof surface and the highest edge
of the system.
(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)
Glare. All solar panels shall have antireflective coating(s).
(2)
Building-integrated solar energy systems shall be shown on the plans
submitted for the building permit application for any building containing
such system and shall meet the following requirements:
(a)
Building-mounted solar energy systems shall not be located or
extend more than seven feet from the building wall and in no instance
shall any part of the system extend beyond the roofline or parapet
wall.
B.
Tier 2 solar energy systems shall be permitted in all zoning districts
as accessory structures, except for Land Conservation Districts.
(1)
Site plan approval is required for Tier 2 solar energy systems to
be built or modified for the production of electricity principally
for on-site use for a commercial or industrial business within the
Town of Lima.
(2)
All other Tier 2 solar energy systems, including systems for farm
operations, are exempt from site plan approval.
(a)
Tier 2 solar energy systems within Residence Use Districts (R),
General Business Use Districts (B), Industrial Use Districts (M),
Planned Development Districts (P-D), Planned Senior Residential Districts
(PD-SR) and Mining, Quarrying and Land Excavations Districts (Q) shall
be subject to the following requirements:
[1]
Setbacks: Tier 2 solar energy systems shall be subject to the
setback regulations for a building or accessory structure within the
underlying zoning district, whichever setback is greater.
[2]
Location: Tier 2 solar energy systems shall be located in the
side or rear yard of a property. No placement in a front yard shall
be permitted unless the location is a minimum distance of 200 feet
from the road and entirely concealed from view from the road due to
topography or landscape conditions that must be maintained for the
duration of the installation of said system.
[3]
Height: Tier 2 solar energy systems shall comply with the height
limitations specified for accessory structures within the underlying
zoning district.
[4]
Glare: All solar panels shall have antireflective coating(s).
[5]
Screening and visibility: All Tier 2 solar energy systems shall
have views minimized from adjacent properties to the extent reasonably
practicable. Evergreen tree plantings may be required to screen portions
of the site from nearby residential property, public roads, and from
public sites known to contain important views or vistas, such as gateway
entrances to the Town. 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.
(b)
Tier 2 solar energy systems within Agricultural Use Districts
(A) and which are a part of a farm operation as defined by Article
25-AA of the New York State Agriculture and Markets Law shall not
be subject to site plan review and shall be subject to the following
requirements:
[1]
Setbacks: Tier 2 solar energy systems shall be subject to the
setback regulations for a building or accessory structure within the
underlying zoning district, whichever setback is greater.
[2]
Height: Tier 2 solar energy systems shall comply with the height
limitations specified for accessory structures within the underlying
zoning district.
[3]
Glare: All solar panels shall have antireflective coating(s).
C.
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.
D.
All solar energy systems shall adhere to all applicable federal,
state, county and Town of Lima codes, laws, regulations and building,
plumbing, electrical and fire codes.
E.
Any solar energy system shall be situated in a location which shall
be readily accessible for all emergency service vehicles and personnel.
F.
All structures and devices used to support solar collectors shall
be nonreflective and/or painted a subtle or earth-tone color.
G.
The design, construction, 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.
H.
The 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 of Lima or other federal or state regulatory agencies.
I.
Artificial lighting of any solar energy systems shall be limited
to lighting required for safety and operational purposes only, and
shall be shielded from all neighboring properties and public roads
so as to prevent the illumination of adjoining properties or excessive
lighting.
J.
If the use of an approved solar energy system is discontinued, the
owner or operator shall notify the Building Inspector within 30 days
of such discontinuance. If a solar energy system is to be retained
and reused, the owner or operator shall further inform the Building
Inspector of this, in writing, at such time and obtain any necessary
approvals within one year, otherwise it shall be automatically deemed
abandoned.
A.
Time limit on completion. After the granting of site plan approval
of a ground-mounted solar energy system by the Planning Board, the
building permit shall be obtained within six months and the project
shall be completed within 12 months. If not constructed, the permit
and/or site plan approval shall automatically lapse 12 months after
the date of approval by the Town of Lima Planning Board. A new application
will be subject to ordinary review and approval to obtain a new building
permit.
B.
Inspections. Upon reasonable notice, the Town of Lima Building Inspector
or his or her designee may enter a lot on which a solar energy system
has been constructed for the purpose of compliance with any requirements
or conditions. Twenty-four hours' advance notice by telephone
to the owner/operator or designated contact person shall be deemed
reasonable notice. Any fee or expense associated with this inspection
shall be borne entirely by the permit holder. Consent to such inspection
shall be deemed given by the applicant upon submission and granting
of a unified solar permit.
C.
General complaint process. During construction, the Town Building
Inspector can issue a stop order at any time for any violations of
a site plan or building permit.
D.
Continued operation. A solar energy system shall be maintained in
operational condition at all times, subject to reasonable maintenance
and repair outages. Operational condition includes meeting all approval
requirements and conditions. Further, the building inspector shall
also have the right to request documentation from the owner for a
solar energy system regarding the system's usage at any time.
E.
Removal and soil remediation. All nonintegrated ground-mounted solar
energy systems shall be dismantled and removed immediately from a
lot where the permit or approval has been revoked by the Town of Lima
Planning Board or the solar energy system has been deemed inoperative
or abandoned by the Building Inspector for a period of more than 365
days, which said dismantling and removal shall be at the cost of the
solar energy system owner. Removal of all equipment and infrastructure
and remediation of soil and vegetation in the entire area which supported
the installation shall be required to be returned to its original
state (prior to construction), within 365 days of such revocation
of the permit or approval, or after having been deemed inoperative
or abandoned. This work shall be inspected and approved for satisfactory
compliance by the Town Building Inspector. If the solar energy system
owner, applicant, successor or landowner (if different) does not dismantle
and remove from the premises said solar energy system as required,
and does not restore and remediate the soil so as to support vegetation
and plant life of the type that would have been supported on said
site prior to the installation of the solar energy system, the Town
Board may, after a hearing at which the solar energy system owner,
applicant, successor or landowner shall be given an opportunity to
be heard and present evidence, dismantle and remove said facility
and/or remediate the site and place the cost of removal and/or remediation
as a tax lien on said parcel, regardless of whether the owner of the
parcel owned or leased the solar energy system. The Town Board shall
also be authorized to maintain an action at law to compel the solar
energy system owner, applicant, successor or landowner to accomplish
such removal and remediation, but the Board cannot be required to
exercise this remedy, which shall be available to it in its reasonable
discretion.
F.
Determination of abandonment or inoperability. A determination of
the abandonment or inoperability of a solar energy system shall be
made by the Town Building Inspector, who shall provide the solar energy
system owner, applicant, successor or landowner with written notice
by personal service or certified mail. Any appeal by the solar energy
system owner, applicant, successor or landowner of the Building Inspector's
determination of abandonment or inoperability shall be filed with
the Town of Lima Zoning Board of Appeals within 30 days of the Building
Inspector causing personal service or mailing certified mail his written
determination, and the Board shall hold a hearing on same. The filing
of an appeal does not stay the following time frame unless the Zoning
Board of Appeals or a court of competent jurisdiction grants a stay
or reverses said determination. At the earlier of the 366 days from
the date of determination of abandonment or inoperability without
reactivation or upon completion of dismantling and removal, any approvals
for the solar energy system shall automatically expire.
G.
Application and annual fees.
(1)
Site plan application for ground-mounted solar energy systems. An
applicant shall pay the standard site plan review fee as determined
from time to time by the Town Board, by resolution.
(2)
Fee for issuance of a building permit. In addition to any site plan
application fee, an applicant shall pay a building permit fee for
a:
(a)
Building-mounted, ground-mounted or rooftop-mounted solar energy
system: 1/2 of 1% of the project cost, or such other amount as the
Town Board may, from time to time, determine by resolution.
H.
Prior to the issuance of a building permit, the applicant shall document
that all applicable federal, state, county and local permits have
been obtained.
I.
In the context of the requirement of site plan approval, the Town
of Lima Planning Board may:
(1)
For Ground-Mounted solar energy systems when review is required by
the Board pursuant to this chapter, grant site plan approval, deny
site plan approval or grant site plan approval with written stated
conditions. Denial of site plan approval shall be by written decision
based upon substantial evidence considered by the Board. Upon issuance
of a site plan approval, the applicant shall obtain a building permit
for the ground-mounted solar energy system.
J.
Any changes or alterations after construction to a ground-mounted
solar energy system shall be done only by amendment to any previously
issued building permit and/or site plan (if required) subject to all
requirements of this Code.
If the applicant violates any of the conditions of its building
permit, site plan approval or violates any other local, state or federal
laws, rules or regulations, this shall be grounds for revocation of
the building permit or site plan approval. Revocation may occur after
the applicant is notified, in writing, of the violations and the Town
of Lima Planning Board holds a hearing on same.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements, adopted for the
promotion of the public health, safety and general welfare. It is
not intended to interfere with, abrogate or annul other rules, regulations
or laws, provided that whenever the requirements of this chapter are
at a variance with the requirements of any other lawfully adopted
regulations, rules or laws, the most restrictive or those which impose
the highest standards shall govern. The requirements of this chapter
shall apply to all solar energy systems installed or modified after
its effective date, excluding general maintenance and repair.
If any section, subsection, phrase, sentence or other portion
of this chapter is for any reason held invalid, void, unconstitutional,
or unenforceable by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions
hereof.
This chapter shall take effect immediately upon filing with
the Secretary of State of New York.
