This chapter is adopted pursuant to New York Town Law §§ 261-263,
New York State Municipal Home Rule Law § 10, Subdivision
1(ii)(a)(12), and Article IX, §§ 1(a) and 2(c), of
the New York State Constitution, which authorize the Town of Frankfort
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."
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
A combination of solar panels and solar energy equipment
integrated into any building envelope system, such as vertical facades,
semitransparent skylight systems, roofing materials, or shading over
windows, which produces electricity 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.
GLARE
The effect by reflections of light with intensity sufficient
to cause annoyance, discomfort, or loss in visual performance and
visibility in any material respects as determined in a commercially
reasonable manner.
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,
which generates electricity for on-site or off-site consumption.
HOUSING CLUSTER
An area covering 1/2 square mile in which five or more occupied
residences are located.
NATIVE PERENNIAL VEGETATION
Native wildflowers, forbs, and grasses that serve as habitat,
forage, and migratory waystations 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.
PUBLIC UTILITY
An entity which operates as a monopoly and whose rates charged
to customers are established by a utility commission. A "public utility
facility" is a facility which is operated by a public utility and
which provides electric, gas, steam, cable television, telephone or
other communication service, water or sewerage directly to the general
public.
REPURPOSED SITE
An existing or abandoned commercial or industrial use property,
including, without limitation, brownfields, landfills, dormant electric
generating or other previously disturbed location, which, if applicable,
has been remediated to permit the siting of a solar energy system.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system located on the roof of any legally
permitted building or structure that produces electricity 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
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
SOLAR ENERGY SYSTEM
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 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 and that generate no more
than 110% of the electricity consumed on the site over the previous
12 months.
C.
Tier 3 solar energy systems are systems that are not included
in the list for Tier 1 and Tier 2 solar energy systems.
SOLAR ENERGY SYSTEMS OVERLAY DISTRICT
A district which encompasses part or parts of one or more
underlying districts, sits atop the underlying zoning district, and
which establishes requirements for Tier 3 solar energy systems.
SOLAR PANEL
A photovoltaic device capable of collecting and converting
solar energy into electricity.
STORAGE BATTERY
A device that stores energy and makes it available in an
electrical form.
All Tier 1 solar energy systems shall be permitted in all zoning
districts and shall be exempt from plot plan review under the Town
of Frankfort Code and other local land use regulations when attached
to any lawfully permitted building or structure, 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 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.
(2) Glare: All solar panels shall have anti-reflective coating(s).
B. Building-integrated solar energy systems shall be shown on the plans
submitted for the building permit application for the building containing
the system.
All Tier 2 solar energy systems shall be permitted in all zoning
districts as accessory structures and shall be exempt from plot plan
review under the Town of Frankfort Code and other local land use regulations,
subject to the following conditions:
A. Glare: All solar panels shall have anti-reflective coating(s).
B. Setbacks: Tier 2 solar energy systems shall be subject to the setback
regulations specified for the accessory structures within the underlying
zoning district. All ground-mounted solar energy systems in residential
districts shall only be installed in the side or rear yards.
C. Height: Tier 2 solar energy systems shall comply with the height
limitations in the underlying zoning district.
D. Screening and visibility.
(1) All Tier 2 solar energy systems shall have views minimized from adjacent
properties to the extent reasonably practicable.
(2) 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. A landscape buffer shall be provided around the Tier
2 solar energy system to provide screening from adjacent properties.
E. Lot size: Tier 2 solar energy systems shall comply with the existing
lot size requirement specified for accessory structures within the
underlying zoning district.
F. Tier 2 solar energy systems that have been abandoned and/or not producing
electricity for a period of 12 consecutive months shall be removed
by the property owner at the property owner's expense.
Any violation of this chapter shall be subject to the same enforcement
requirements, including the civil and criminal penalties, provided
for in the Town of Frankfort Code, ordinances, and regulations.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision, or phrase of this chapter,
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.
All resolutions, ordinances, and local laws or parts thereof
in conflict herewith or which in any manner, in the absence of this
chapter, would address or apply to regulate the approval, construction,
operation, or decommissioning of solar energy systems are superseded
by this chapter.
This chapter is effective upon filing with the Secretary of
State in accordance with the Municipal Home Rule Law.