Town of Urbana, NY Chapter 90 Solar Energy Systems

[HISTORY: Adopted by the Town Board of the Town of Urbana 4-16-2019 by L.L. No. 2-2019. Amendments noted where applicable.]

§ 90-1 Authority.

This solar energy chapter is adopted pursuant to §§ 261 through 263 of the Town Law and § 20 of the Municipal Home Rule Law of the State of New York, which authorize the Town of Urbana to adopt zoning provisions that advance and protect the health, safety and welfare of the community and, in accordance with the Town 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."

§ 90-2 Statement of purpose.

A. This solar energy chapter is adopted to advance and protect the public health, safety, and welfare of the Town of Urbana by creating regulations for the installation and use of solar-energy-generating systems and equipment in accordance with the solar addendum to the Town's Comprehensive Plan.

B. When the Comprehensive Plan for the Town of Urbana was adopted in 2004, solar energy was not considered. On November 17, 2017, the Town adopted an addendum to the Town's Comprehensive Plan to address issues raised by solar energy systems.

C. The Town believes that solar energy installations in the Town for residential, agricultural, and business purposes are all viable and desirable. Industrial solar systems developed to export power in order to generate profit are less desirable.

D. Any solar energy system within the Town shall be designed and installed to meet all current applicable codes. The Town needs to ensure that the development of solar energy is done in a careful and responsible manner that does not disproportionately affect residents and takes into consideration Keuka Lake and the landscape of the Town of Urbana.

§ 90-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BUILDING-INTEGRATED SOLAR ENERGY SYSTEM

A solar energy system that is integrated into any building envelope system such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produces energy for on-site consumption.

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 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.

GROUND-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system that is anchored to the ground via a pole or other mounting system, detached from any other structure, that generates energy for on-site or off-site consumption.

NATIVE PERENNIAL VEGETATION

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.

POLLINATOR

Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.

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.

ROOF-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system located on the roof of any legally permitted building or structure that produces energy for on-site or off-site consumption.

SOLAR ACCESS

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.

SOLAR ENERGY EQUIPMENT

Solar photovoltaic and solar thermal equipment associated with the production of electric or thermal energy.

SOLAR ENERGY SYSTEM

The components and subsystems required to convert solar energy into 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:

A. Tier 1 solar energy systems include the following:

(1) Roof-mounted solar energy systems.

(2) Building-integrated solar energy systems.

B. Tier 2 solar energy systems include ground-mounted solar energy systems with system capacity up to 25 kW AC or the equivalent energy units (i.e., 85,000 BTUs) and that generate no more than 110% of the energy consumed on the site over the previous 12 months.

C. Tier 3 solar energy systems are systems that produce electricity and are not included in the list for Tier 1 and Tier 2 solar energy systems.

SOLAR PANEL

A photovoltaic or thermal device capable of collecting and converting solar energy into electricity and/or heat.

STORAGE BATTERY

A device that stores energy and makes it available in an electrical form.

THERMAL STORAGE

A device that stores energy and makes it available in the form of heat.

§ 90-4 Applicability.

A. The requirements of this chapter shall apply to all solar energy systems permitted, installed, or modified in the Town of Urbana 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 New York State Uniform Fire Prevention and Building Code ("Building Code"), the New York State Energy Conservation Code ("Energy Code"), and the Town of Urbana Code.

§ 90-5 General requirements.

A. A building permit shall be required for installation of all solar energy systems except for:

(1) Non-grid connected solar panels under four square feet;

(2) Systems consisting of one or more panels under four square feet, not exceeding more than 16 square feet of lot or roof coverage;

(3) Any device with a solar panel under 36 square inches.

B. Town of Urbana Planning Board is encouraged to condition its approval of proposed developments on sites adjacent to solar energy systems so as to protect their access to sufficient sunlight to remain economically feasible over time.

C. Issuance of permits and approvals by the Planning Board shall include review pursuant to the State Environmental Quality Review Act ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 ("SEQRA").

§ 90-6 Permitting requirements for Tier 1 solar energy systems.

All 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 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 and 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.

(e) There will be no exposed conduit between solar panels on pitched roofs.

(2) Glare. All solar panels shall have anti-reflective coating(s) and be manufactured within the last five years.

(3) Height. All roof-mounted solar energy systems shall be subject to the maximum height regulations specified for principal and accessory buildings within the underlying zoning district.

(4) Solar energy system equipment, such as invertors or utility meters, are not permissible in the front yard and must be located in the side or rear yard.

B. Building-integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the system.

§ 90-7 Permitting requirements for Tier 2 solar energy systems.

A. Any Tier 2 solar energy systems located in the Keuka Lake View Corridor requires Planning Board approval.

B. Tier 2 solar energy systems are not permitted in business or flood districts. Tier 2 solar energy systems are permitted in residential zones with a special use permit and subject to a site plan application.

C. Tier 2 solar energy systems shall be permitted in agricultural and industrial zoning districts as accessory structures and shall be exempt from site plan review under the local zoning code or other land use regulations, subject to the following conditions:

(1) Glare. Tier 2 solar energy system solar panels shall have anti-reflective coating(s) and be manufactured within the last five years.

(2) Setbacks. Tier 2 solar energy systems shall be set back 20 feet from lot lines and principal buildings. All ground-mounted solar energy systems shall only be installed in the rear yards.

(3) Height. Tier 2 solar energy systems shall be subject to a fifteen-foot height limitation.

(4) Screening and visibility.

(a) Tier 2 solar energy systems shall have views minimized from adjacent properties to the extent reasonably practicable.

(b) Tier 2 solar energy equipment shall be located in a manner to reasonably avoid and/or minimize blockage of views from adjacent properties and shading of property to the north, while still providing adequate solar access.

(c) No Tier 2 solar energy system equipment is permissible in the front yard in any districts.

(5) Lot size. Tier 2 solar energy systems shall comply with the existing lot size requirement specified for accessory structures within the underlying zoning district or 500 square feet, whichever is more restrictive.

§ 90-8 Permitting requirements for Tier 3 solar energy systems.

Tier 3 solar energy systems up to 100 kW are permitted through the issuance of a special use permit only within agricultural zoning districts on County Route 113, Reservoir Hill Road, and North of Van Ness Road and subject to site plan application requirements set forth in this section. Subdivision for the purpose of creating multiple Tier 3 solar energy systems is prohibited.

A. Applications for the installation of Tier 3 solar energy system shall be:

(1) Reviewed by the Code Enforcement/Zoning Enforcement for completeness. Applicants shall be advised within 30 business days of the completeness of their application or any deficiencies that must be addressed prior to substantive review.

(2) Subject to a public hearing to hear all comments for and against the application. The Planning Board of the Town of Urbana shall have a notice printed in a newspaper of general circulation in the Town at least 10 days in advance of such hearing. Applicants shall have delivered the notice by first class mail to adjoining landowners and landowners within 200 feet of the property at least 10 days prior to such a hearing. Proof of mailing shall be provided to the Planning Board at the public hearing.

(3) Referred to the Steuben County Planning Department pursuant to General Municipal Law § 239-m if required.

(4) Upon closing of the public hearing, the Planning Board 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 Planning Board and applicant.

B. Underground requirements. 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.

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 Tier 3 solar energy systems 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 the National Electric 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 anti-reflective coating(s) and be manufactured within the last five years.

F. Lighting. Lighting of the Tier 3 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. Tree-cutting. Removal of existing trees larger than 6 inches in diameter should be minimized to the extent possible.

H. Decommissioning.

(1) Tier 3 solar energy systems that have been abandoned and/or not producing electricity for a period of one year shall be removed at the owner and/or operator's expense, which at the owner's option may come from any security made with the Town of Urbana as set forth in Subsection H(3) hereinbelow.

(2) A decommissioning plan (see Appendix A[1]) signed by the owner and/or operator of the Tier 3 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 A is included as an attachment to this chapter.

(3) Security.

(a) The deposit, execution, or filing with the Town of Urbana Clerk a bond, or other form of security reasonably acceptable to the Town of Urbana attorney and/or engineer, 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 restorations 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 bond or security shall be forfeited to the Town of Urbana, which shall be entitled to maintain an action thereon. The bond or security shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed.

(c) In the event of default or abandonment of the solar energy system, the system shall be decommissioned as set forth in § 90-10B and C.

I. Site plan application. For any Tier 3 solar energy system requiring a special use permit, site plan approval shall be required. 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, exterior lighting, and screening vegetation or structures.

(3) A one- or three-line electrical diagram detailing the Tier 3 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 a building permit.

(5) Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the Tier 3 solar energy system. Such information of the final system installer shall be submitted prior to the issuance of a 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 Tier 3 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.

(a) Failure to adhere to the approved property operation and maintenance plan may trigger the decommissioning plan, and the process should be laid out in the official property operation and maintenance plan.

(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 Planning Board.

(10) Prior to the issuance of the building permit or final approval by the Planning 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 NYS registered architect.

J. 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 of the underlying zoning district.

(2) Setbacks. The Tier 3 solar energy systems shall comply with the setback requirements of the underlying zoning district for principal structures.

(3) Height. The Tier 3 solar energy systems shall comply with a fifteen-foot height limitation.

(4) Lot coverage.

(a) The following components of a Tier 3 solar energy system shall be considered included 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 Tier 3 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 seven-foot-high fence with a self-locking gate to prevent unauthorized access.

(6) Screening and visibility. The Tier 3 solar energy system shall be required to:

(a) Conduct a visual assessment of the visual impacts of the Tier 3 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, shall be required to be submitted by the applicant.

(b) 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, including fencing, shall be minimized as reasonably practical from public roadways and adjacent properties to the extent feasible.

(c) The screening and landscaping plan shall specify the locations, elevations, height, deer-resistant 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, following the applicable rules and standards established by the Town of Urbana.

(7) Agricultural resources. For projects located on agricultural lands:

(a) Any Tier 3 solar energy system located in the areas specified in § 90-8 above, and on the areas that consist of prime farmland or farmland of statewide importance shall not exceed 20% of the area of prime farmland or farmland of statewide importance on the parcel, and Tier 3 solar energy systems on prime farmland or farmland of statewide importance shall be required to seed 20% of the total surface area of all solar panels on the lot with native perennial vegetation designed to attract pollinators.

(b) To the maximum extent practicable, Tier 3 solar energy systems located on prime farmland shall be constructed in accordance with the construction requirements of the New York State Department of Agriculture and Markets.

(c) Tier 3 solar energy system owners shall develop, implement, and maintain native vegetation to the extent practicable pursuant to a vegetation management plan by providing native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall use native plant species and seed mixes.

K. 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 zoning enforcement officer of such change in ownership or operator within 10 business days of the ownership change.

§ 90-9 Safety.

A. Solar energy systems and solar energy equipment shall be certified under the applicable electrical and/or building codes as required.

B. Solar energy systems shall be maintained in good working order and in accordance with industry standards and standards set by the Town. Site access shall be maintained, including snow removal, at a level acceptable to the local fire department and, if the Tier 3 solar energy system is located in an ambulance district, the local ambulance corps.

C. If storage batteries or thermal storage are included as part of the solar energy system, they 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 Town of Urbana and any applicable federal, state, or county laws or regulations.

§ 90-10 Permit time frame and abandonment.

A. The special use permit and site plan approval for a solar energy system shall be valid for a period of 18 months, following the issuance of the site plan approval or the special use permit, whichever occurs last. 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 Planning Board, within 18 months after approval, the Town Planning Board may extend the 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 energy generation of 50% or less of the installed capacity for the permitted use of the solar energy system on a continuous basis for six months, the owner and/or operator of the solar energy system must notify the Town of Urbana. Every month thereafter, the owner and/or operator must notify the Town whether the solar energy system produced energy on a continuous basis for that month until the solar energy system has generated solar energy for three continuous months.

(1) If, or upon the cessation of energy generation of a Tier 1 or Tier 2 solar energy system on a continuous basis for 12 months, the Town of Urbana may notify and instruct the owner and/or operator of the solar energy system to remove the system. The removal of the system must be started within 6 months after notification by the Town and be completed within 12 months of notification.

(2) If, or upon the cessation of energy generation of a Tier 3 solar energy system on a continuous basis for 12 months, the Town of Urbana may notify and instruct the owner and/or operator of the solar energy system to implement the decommissioning plan. The decommissioning plan must be started within three months of notification by the Town and must be completed within 12 months of notification.

C. If the owner and/or operator fails to comply with decommissioning notification from the Town, the Town may, at its discretion, utilize the bond and/or security for the removal of the Tier 3 solar energy system and restoration of the site in accordance with the decommissioning plan.

§ 90-11 Enforcement.

Any violation of this solar energy chapter shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land use regulations of Town of Urbana.

§ 90-12 Severability.

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.