[Added 12-26-2019 by L.L. No. 4-2020]
This Zoning for Solar Energy Law is adopted pursuant to the
Town Law, which authorizes the Town to adopt zoning provisions that
advance and protect the health, safety, and welfare of the community,
and "to make provision for, so far as conditions may permit, the accommodation
of solar energy systems and equipment and access to sunlight necessary
therefor."
This Zoning for Solar Energy Law is adopted to advance and protect
the public health, safety, and welfare of the Town of LeRoy, including:
A.
Taking advantage of a safe, abundant, renewable, and nonpolluting
energy resource;
B.
Decreasing the cost of energy to the owners of residential properties,
including single-family houses;
C.
Aligning the laws and regulations of the community with several policies
of the State of New York, particularly those that encourage distributed
energy systems.
D.
Becoming more competitive for a number of state and federal grants
and tax benefits.
E.
Creating synergy between solar stated goals of the Town Comprehensive
Plan.
As used in this article, the following terms shall have the
meanings indicated:
A solar energy system that consists of integrating photovoltaic
modules into the building structure, such as the roof or the facade
and which does not alter the relief of the roof.
Solar installations owned collectively through subdivision
homeowner associations, adopt-a-solar-panel programs, or other similar
arrangements.
Photovoltaic panels and tiles that are installed flush to
the surface of a roof and which cannot be angled or raised.
A solar energy system that is directly installed in the ground
and is not attached or affixed to an existing structure.
An area of land or other area used for a solar collection
system 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. Facilities consist of one or more
ground- or roof-mounted solar collector devices, solar-related equipment
and other accessory structures and buildings, including light reflectors,
concentrators, and heat exchangers, substations, electrical infrastructure,
transmission lines and other appurtenant structures and facilities.
Major solar collection systems are defined as ground-mounted accessory
systems with a total surface area greater than 1,000 square feet.
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 collection, inversion, storage, and distribution
of solar energy for electricity generation or transfer of stored heat,
accessory to the use of the premises for other lawful purposes. Minor
solar collection systems are defined as roof- or building-mounted
solar collectors greater than 60 square feet on any code-compliant
structure, and ground-mounted solar collectors with the total surface
area greater than 60 square feet and less than 1,000 square feet.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the grid so that they only pay for their net electricity usage
at the end of the month.
The Town authority (CEO) charged with granting permits for
the operation of solar energy systems.
A solar energy system that produces electricity by the use
of semiconductor devices, called photovoltaic cells, that generate
electricity whenever light strikes them.
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. Proof
of certification is required.
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.
For purposes of this article, refers to solar photovoltaic
systems that produce up to 25 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.
Space open to the sun and clear of overhangs or shade, including
the orientation of streets and lots to the sun, so as to permit the
use of active and/or passive solar energy systems on individual properties.
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.
An easement recorded pursuant to New York Real Property Law
§ 335-b, the purpose of which is to secure the right to
receive sunlight across real property of another for continued access
to sunlight necessary to operate a solar collector.
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 systems above 25 kilowatts (kW).
A device for the direct conversion of solar energy into electricity.
A device that stores energy from the sun and makes it available
in an electrical form.
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.
A.
The requirements of this article shall apply to all solar energy
systems modified or installed after the effective date of this section.
B.
All solar energy systems shall be designed, erected and installed
in accordance with all applicable codes and regulations, as referenced
in the New York State Uniform Code, the New York State Property Maintenance
Code and the Code of the Town of LeRoy.
Minor or small-scale solar systems are permitted in any zoning
district subject to the conditions set forth in this chapter. This
chapter does not cover the necessary requirements for major solar
collection systems or solar farms (not permitted prior to separate
chapter covering).
It is unlawful for any person to construct, install, maintain,
modify or operate a solar energy system or solar farm that is not
in compliance with this chapter or with any conditions contained in
a special use or zoning permit issued pursuant to this chapter.
A.
Rooftop and building-mounted solar collectors. Rooftop and building-mounted
solar collectors are permitted in all zoning districts in the Town
subject to the following conditions:
(1)
Building permits shall be required for installation of all rooftop
and building-mounted solar collectors.
(2)
An engineering report must be submitted stating that the structural
integrity of the roof can support the weight and wind conditions for
the area.
(3)
Any height limitations of the Town Code shall not be applicable to
solar collectors, provided that such structures are erected only to
such height as is reasonably necessary to accomplish the purpose which
they are intended to serve, and that such structures do not obstruct
solar access to neighboring properties.
(4)
Placement of solar collectors on flat roofs shall be allowed as of
right in nonhistoric districts, provided that panels do not extend
horizontally past the roofline.
B.
Building-integrated photovoltaic (BIPV) systems. BIPV systems are
permitted outright in all zoning districts.
C.
Ground-mounted and freestanding solar collectors. Ground-mounted
and freestanding solar collectors are permitted as accessory structures
in all zoning districts of the Town, subject to the following conditions:
(1)
Building permits are required for the installation of all ground-mounted
solar collectors.
(2)
The location of the solar collector meets all applicable setback
requirements for accessory structures in the zoning district in which
it is located.
(3)
Ground-mounted solar energy systems shall not exceed a height of
10 feet when located at a distance of less than or equal to 10 feet
from a lot line; a height of 12 feet when located at a distance of
greater than 10 feet and less than or equal to 15 feet, and a maximum
height of 15 feet when located at a distance greater than 15 feet.
All height measurements are to be calculated when the solar energy
system is oriented at maximum tilt.
(4)
Solar energy equipment shall be located in a manner to reasonably
minimize view blockage for surrounding properties and shading of property
to the north, while still providing adequate solar access for collectors.
(5)
Freestanding solar energy collectors shall be screened when possible
and practicable through the use of architectural features, earth berms,
landscaping, or other screening which will harmonize with the character
of the property and surrounding area.
(6)
The total surface area of all solar collectors on the lot shall not
exceed 1,000 square feet and, when combined with all other buildings
and structures on the lot, shall not exceed the maximum lot coverage
for the zoning district plus 10%.
(7)
An engineering report must be submitted stating the structure is
capable of wind resistance for our area and show the pole footer depth/construction.
E.
Installations in designated historic districts shall require a certificate
of appropriateness from the Town's Historic Commission unless such
installations are not visible from the street.
