[HISTORY: Adopted by the Town Board of the Town of Lyons 3-31-2021 by L.L. No. 1-2021[1]. Amendments noted where applicable.]
Attachment 1 - Appendix 1: Lot Size Requirements
Attachment 2 - Appendix 2: Parcel Line SetbacksAttachment 3 - Appendix 3: Height RequirementsAttachment 4 - Appendix 4: Example Decommissioning Plan
Attachment 2 - Appendix 2: Parcel Line SetbacksAttachment 3 - Appendix 3: Height RequirementsAttachment 4 - Appendix 4: Example Decommissioning Plan[1]
Editor's Note: This local law was originally adopted as Ch.
291 but was renumbered in order to maintain the alphabetical organization
of the Code.
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 Lyons
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."
This solar energy chapter is adopted to advance and protect
the public health, safety, and welfare of the Town of Lyons by creating
regulations for the installation and use of solar-energy-generating
systems and equipment, with the following objectives:
A.
To take advantage of a safe, abundant, renewable and nonpolluting
energy resource;
B.
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family houses;
C.
To increase employment and business development in the Town of Lyons,
to the extent reasonably practical, by furthering the installation
of solar energy systems;
D.
To mitigate the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife
and other protected resources; and
E.
To create synergy between solar and other stated goals of the community
pursuant to its Comprehensive Plan;
F.
To decrease the use of fossil fuels, thereby reducing the carbon
footprint of the Town of Lyons;
G.
To invest in a locally generated source of energy and to increase
local economic value, rather than importing nonlocal fossil fuels;
H.
To align the laws and regulations of the community with several policies
of the State of New York, particularly those that encourage distributed
energy systems;
I.
To become more competitive for state and federal grants and tax benefits;
J.
To make the community more resilient during storm events;
K.
To aid in the energy independence of the community as well as the
country;
L.
To diversify energy resources to decrease dependence on the grid;
M.
To improve public health;
N.
To encourage a sense of pride in the community;
O.
To encourage investment in public infrastructure supportive of solar,
such as generation facilities, grid-scale transmission infrastructure,
and energy storage sites.
As used in this chapter, the following terms shall have the
meanings indicated:
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 produce electricity for on-site consumption.
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.
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 any material
respects.
A solar energy system that is anchored to the ground via
a pole or other mounting system, detached from any other structure,
that generates electricity for on-site or off-site consumption.
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.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
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.
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.
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.
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
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.
Tier 2 solar energy systems.
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; and
Tier 2 solar energy systems include ground-mounted solar energy
systems with a total surface area of all solar panels on the lot of
up to [4,000] square feet and that generate up to [110]% of the electricity
consumed on the site over the previous [12] months.
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 electricity.
A device that stores energy and makes it available in an
electrical form.
A.
The requirements of this chapter shall apply to all solar energy
systems permitted, installed, or modified in the Town of Lyons 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 Code of the Town of Lyons.
A.
Site plan approval by the Planning Board of the Town of Lyons and
a building permit issued by the Town of Lyons Code Enforcement Officer
shall be required for installation of all solar energy systems.
B.
The 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 site plan approval 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").
All Tier 1 solar energy systems shall be permitted in all zoning
districts, subject to site plan approval by the Town of Lyons Planning
Board and the issuance of a building permit subject to the following
conditions for each type of solar energy system:
A.
Roof-mounted solar energy systems. Roof-mounted solar energy systems
shall incorporate, when feasible, the following design requirements:
(1)
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.
(2)
Solar panels on pitched roofs shall be installed parallel to the
roof surface on which they are mounted or attached.
(3)
Solar panels on pitched roofs shall not extend higher than the highest
point of the roof surface on which they are mounted or attached.
(4)
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.
(5)
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.
B.
Building-integrated solar energy systems shall be shown on the plans
submitted for the building permit application for the building containing
the system.
C.
Glare. All solar panels shall have anti-reflective coating(s).
All Tier 2 solar energy systems shall be permitted in all zoning
districts, subject to site plan approval by the Town of Lyons Planning
Board and the issuance of a building permit and 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 shall only
be installed in the side or rear yards in residential districts.
C.
Height:
(1)
Tier 2 solar energy systems shall be subject to the height limitations
specified for accessory structures within the underlying zoning district;
or
(2)
Tier 2 solar energy systems shall comply with the height limitations
in Appendix 3,[1] whichever is more restrictive.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
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.
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.
All Tier 3 solar energy systems are permitted through the issuance
of a special use permit issued by the Town Board of the Town of Lyons
only within the Residential/Agricultural and Floodplain Districts,
and subject to site plan application requirements set forth in this
section.
A.
Application for installation.
(1)
Applications for the installation of Tier 3 solar energy system shall
be:
(a)
Reviewed by the Code Enforcement/Zoning Enforcement Officer
and Town Attorney for completeness. Applicants shall be advised within
20 business days of the completeness of their application or any deficiencies
that must be addressed prior to substantive review.
(b)
Subject to a special use permit issued by the Town Board of
the Town of Lyons. The Town Board of the Town of Lyons shall conduct
a public hearing on the application and shall have a notice printed
in a newspaper of general circulation in the Town of Lyons at least
five days in advance of such hearing. Applicants shall post notice
of the public hearing on the property to be developed in form and
size sufficient to be readable from the road and shall mail a copy
of the notice of hearing by first class mail to adjoining landowners
or landowners within 500 feet of the property at least 10 days prior
to such a hearing, or, in the event that the applicant does not mail
within the ten-day period, delivery of said notice to each property
owner shall be required. Proof of posting, mailing and delivery shall
be provided to the Town Board at the public hearing.
(2)
The application shall be referred to the Town of Lyons Planning Board
and the Wayne County Planning Board pursuant to General Municipal
Law § 239-m if required.
(3)
Upon closing of the public hearing, the Town Board shall take action on the application within 62 days of the public hearing, which may include approval, approval with conditions, or denial. No special use permit shall be granted in the absence of a decomissioning plan with adequate security meeting the requirements of Subsection H below and such other requirements as the Town Board may impose. The sixty-two-day period may be extended upon consent by both the Town Board and applicant.
(4)
Upon issuance of the special use permit by the Town Board of the
Town of Lyons, the applicant shall apply for site plan approval to
the Town of Lyons Planning Board.
(5)
No construction may begin prior to the issuance of a building permit
by the Code Enforcement/Zoning Enforcement Officer which permit shall
not be issued until the applicant has been issued a duly authorized
special use permit by the Town Board, site plan approval by the Lyons
Planning Board, and an approved decommissioning plan with adequate
security as may be required by the Town Board with approval of the
Town Attorney.
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 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).
F.
Lighting. Lighting of the 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 six inches in
diameter should be minimized to the extent possible.
H.
Decommissioning.
(1)
Solar energy systems that have been abandoned and/or not producing 50% of its design capacity electricity for a period of one year shall be removed at the owner and/or operator's expense, which may come from any security made with the Town of Lyons as set forth in Subsection H(3) herein.
(2)
A decommissioning plan (see Appendix 4[1]) signed by the owner and/or operator of the 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: Said appendix is included as an attachment to this chapter.
(3)
Security.
(a)
The deposit, executions, or filing with the Town Clerk of cash,
bond, or other form of security reasonably acceptable to the Town
Board in form approved by the Town 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 may be reduced by
the amount of the estimated salvage value of the solar energy system
at the discretion of the Town Board of the Town of Lyons.
(b)
In the event of default upon performance of such conditions,
after proper notice and expiration of any cure periods, the cash deposit,
bond, or security shall be forfeited to the Town, which shall be entitled
to maintain an action thereon. The cash deposit, bond, or security
shall remain in full force and effect until restoration of the property
as set forth in the decommissioning plan is completed.
I.
Site plan application. For any 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 solar energy
system layout, solar collector installation, associated components,
and electrical interconnection methods, with all National Electrical
Code-compliant disconnects and overcurrent 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 the proposed or potential
systeminstaller and the owner and/or operator of the solar energy
system. Such information of the final system installer shall be submitted
prior to the issuance of the 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 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.
(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 [Reviewing 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.
(a)
The property on which the Tier 3 solar energy system is placed
shall meet the lot size requirements of the underlying zoning district;
or
(b)
The property on which the Tier 3 solar energy system is placed
shall meet the lot size requirements in Appendix 1,[2] whichever is the more restrictive.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2)
Setbacks.
(a)
The Tier 3 solar energy systems shall comply with the setback
requirements of the underlying zoning district for principal structures;
or
(b)
The Tier 3 solar energy systems shall meet the setback requirements
in Appendix 2,[3] whichever is the more restrictive.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
(3)
Height.
(a)
The Tier 3 solar energy systems shall comply with the building
height limitations for principal structures of the underlying zoning
district; or
(b)
The Tier 3 solar energy systems shall comply with the height
limitations in Appendix 3,[4] depending on the underlying zoning district, whichever
is the more restrictive.
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
(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 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,
as required by NEC, with a self-locking gate to prevent unauthorized
access.
(6)
Screening and visibility.
(a)
Solar energy systems smaller than 10 acres shall have views
minimized from adjacent properties to the extent reasonably practicable
using architectural features, earth berms, landscaping, or other screening
methods that will harmonize with the character of the property and
surrounding area.
(b)
Solar energy systems larger than 10 acres shall be required
to:
[1]
Conduct a visual assessment of the visual impacts of the 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,
may be required to be submitted by the applicant.
[2]
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 shall be minimized as reasonably
practical from public roadways and adjacent properties to the extent
feasible.
[a]
The screening and landscaping plan shall specify
the locations, elevations, height, 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.
The landscaped screening shall be comprised of a minimum of one evergreen
tree, at least six feet high at time of planting, plus two supplemental
shrubs at the reasonable discretion of the Town Board of the Town
of Lyons, all planted within each 10 linear feet of each other and
the solar energy system. Existing vegetation may be used to satisfy
all or a portion of the required landscaped screening. A list of suitable
evergreen tree and shrub species must be provided to the Town of Lyons
and approved; or
[b]
In the event the above screening plan is deemed
inadequate by the Town of Lyons due to the design of the system, topography
of the land or other reason, the screening and landscaping plan shall
specify the locations, elevations, height, 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 Lyons.
(7)
Agricultural resources. For projects located on agricultural lands:
(a)
Prime farmland or farmland of statewide importance.
[1]
Any Tier 3 solar energy system located on the areas that consist
of prime farmland or farmland of statewide importance shall not exceed
50% of the area of prime farmland or farmland of statewide importance
on the parcel; or
[2]
Any Tier 3 solar energy system located on the areas that consist
of prime farmland or farmland of statewide importance shall not exceed
50% of the entire lot; and/or
[3]
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, whichever is the most restrictive.
(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 no less that 30 days prior
to the ownership change.
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. 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 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 Lyons
and any applicable federal, state, or county laws or regulations.
A.
The special use permit and site plan approval for a solar energy
system shall be valid for a period of 18 months, provided that a building
permit is issued for construction and construction is commenced. 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
Town of Lyons, within 18 months after approval, the Town of Lyons,
for good cause shown, may extend the time to complete construction
for 180 days. If the owner and/or operator fails to perform substantial
construction after 24 months of the issuance of the special use permit
and site plan approval, the approvals shall expire.
B.
Upon cessation of electricity generation of a solar energy system
on a continuous basis for [12] months, the Town of Lyons may notify
and instruct the owner and/or operator of the solar energy system
to implement the decommissioning plan. The decommissioning plan must
be completed within 180 days of notification.
C.
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Town of Lyons may, at its discretion, utilize
the bond and/or security for the removal of the solar energy system
and restoration of the site in accordance with the decommissioning
plan.
Any violation of this solar energy law shall be subject to the
same enforcement requirements, including the civil and criminal penalties,
provided for in the zoning or land use regulations of the Town of
Lyons.
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.
