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:
COLLECTIVE SOLAR
Solar installations owned collectively through subdivision
homeowner associations, adopt-a-solar-panel programs, or other similar
arrangements.
FLUSH-MOUNTED SOLAR PANEL
Photovoltaic panels and tiles that are installed flush to
the surface of a roof and which cannot be angled or raised.
MAJOR SOLAR COLLECTION SYSTEM or MAJOR SYSTEM
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.
MINOR SOLAR COLLECTION SYSTEM or MINOR SYSTEM
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.
NET-METERING
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.
PHOTOVOLTAIC (PV) SYSTEMS
A solar energy system that produces electricity by the use
of semiconductor devices, called photovoltaic cells, that generate
electricity whenever light strikes them.
QUALIFIED SOLAR INSTALLER
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.
SMALL-SCALE SOLAR
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.
SOLAR ACCESS
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.
SOLAR COLLECTOR
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.
SOLAR EASEMENT
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 ENERGY EQUIPMENT/SYSTEM
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 PANEL
A device for the direct conversion of solar energy into electricity.
SOLAR-STORAGE BATTERY
A device that stores energy from the sun and makes it available
in an electrical form.
SOLAR-THERMAL SYSTEMS
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.
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.