[Added 9-22-2021 by L.L. No. 12-2021]
As used in this article, the following terms shall have the
meanings indicated:
Solar energy systems are deemed abandoned:
As defined in § 295-2 of this chapter.
[Amended 11-16-2022 by L.L. No. 21-2022]
As defined in New York State Agriculture and Markets Law
(AML) § 301(11). For purposes of this article, multiple,
contiguous parcels under common ownership, all of which have an agricultural
exemption or are otherwise eligible to receive an agricultural exemption
pursuant to New York State law, shall be considered a single farm
so long as at least one parcel qualifies as defined in New York State
Agriculture and Markets Law (AML) § 301(11). Parcels are
considered contiguous even if separated by public roads, railroads,
rights-of-way, or waterways.
As defined in § 295-2 of this chapter.
As defined in § 295-2 of this chapter.
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), and thus
qualified as 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.
As defined in § 295-2 of this chapter.
[Amended 11-16-2022 by L.L. No. 21-2022]
As defined in § 295-2 of this chapter.
[Amended 11-16-2022 by L.L. No. 21-2022]
As defined in § 295-2 of this chapter.
As defined in § 295-2 of this chapter.
As defined in § 295-2 of this chapter.
The following requirements shall apply to all solar energy systems:
A.
Building permit. All solar energy systems require a building permit
prior to construction.
B.
Lot size, coverage, height, yard and setback requirements. Solar
energy systems shall comply with all dimensional requirements of the
district they are located within, including minimum lot size, maximum
coverage, and maximum height and yard setbacks, except as otherwise
provided in this chapter.
C.
All solar energy systems shall be designed, erected and installed by a qualified solar installer, except thatrooftop residential solar energy systems installed on single-family homes may be installed by the homeowner so long as the installation is inspected by a duly qualified third-party electrical inspector, and all such installations must be in accordance with all applicable codes, regulations and industry standards, including as referenced in the New York State Uniform Fire Prevention and Building Code (i.e., the Uniform Code or the Building Code), the New York State Energy Conservation Code (Energy Code) including as modified by NYStretch (see § 48-1), and the other applicable provision of New York law and the Town of Henrietta Code.
D.
Reflection/glare. Solar energy systems shall be designed and located
in order to limit reflective glare toward any roads or inhabited buildings.
E.
Modifications to an existing solar energy system that increase the
solar energy system footprint by more than 5% shall be subject to
this article.
F.
Solar panels shall not be used for purposes or in ways other than
for what they are designed and intended: to generate energy from solar.
G.
Abandonment. Abandoned solar energy systems must be decommissioned.
H.
Solar energy systems on government-owned property operated for the
benefit of a government entity are exempt from this article.
A.
Solar panels on pitched roofs shall be installed parallel to the
roof surface on which they are installed with a maximum distance of
eight inches between the roof and highest edge of the system or as
building codes dictate.
B.
Solar panels on pitched roofs shall not extend higher than the highest
point of the peak of the roofline on which they are installed.
C.
Solar panels on flat roofs shall not extend above the top of the
surrounding roof parapet or more than 24 inches above the flat surface
of the roof, whichever is higher.
D.
Roof-mounted solar energy systems shall be designed and installed
so as to protect against injury from the shedding of ice or snow from
the roof onto any pedestrian or vehicular travel area, sidewalk, stairwell,
driveway, parking area, or porch.
E.
Energy produced by a rooftop solar energy system shall be consumed
on site and/or may be transferred off site to a utility but only in
order to and in an amount sufficient to offset on-site energy usage.
A.
Where permitted, only allowed as an accessory structure, subordinate
to the primary structure on the site, and thus subject to corresponding
maximum lot coverage requirements.
B.
Shall be installed in the side or rear yards and as otherwise subject
to the setback requirements of the underlying zoning district.
C.
Shall be subject to the maximum height limitations for accessory
structures in the underlying zoning district or 12 feet, whichever
is less, when the system is oriented at its maximum tilt.
D.
Shall be appropriately screened to minimize views from adjacent residential
properties with a minimum height of six feet of visual screening and
from other uses or public rights-of-way. Alternatively to the screening,
the applicant may submit a release of this requirement signed by all
adjacent residential property not screened as set forth herein.
E.
Energy produced by a small-scale solar energy system shall be consumed
on site and/or may be transferred off site to a utility but only in
order to and in an amount no greater than sufficient to offset on-site
energy usage.
Medium-scale solar energy systems shall comply with all requirements
for small-scale solar energy systems, as well as the following additional
requirements:
A.
Special use permit. Medium-scale solar energy systems shall require a special use permit pursuant to the provisions set forth at Article XII of this chapter.
[Amended 4-12-2022 by L.L. No. 8-2022]
B.
Site plan review. Medium-scale solar energy systems require site
plan review and approval. In addition to the standard requirements
for site plan review, the following shall also be required:
(1)
Plans shall depict property lines, zoning district designation(s),
and existing physical features, including all buildings, structures,
roads and utilities within 500 feet of the project site.
(2)
Proposed changes to the landscape of the site including grading,
vegetation clearing, plantings, and exterior lighting shall be shown.
Lighting shall be minimized to that required for safety and site security
and reasonably shielded to prevent glare on adjacent properties.
(3)
A landscaping and screening plan shall be provided that specifies
how landscaping and screening will mitigate any adverse effects of
the project. Removal of existing trees larger than six inches caliper
should be minimized.
(4)
Submission of a one- or three-line electrical diagram detailing the
project layout, solar collection installation, associated components,
and electrical interconnection methods, with all National Electrical
Code compliant disconnects and overcurrent devices. Reasonable efforts
shall be made to place all utility lines from the photovoltaic solar
energy system underground, depending on appropriate soil conditions,
shape and topography of the site, financial feasibility, and any requirements
of the utility provider.
(5)
Submission of detailed blueprints and engineering documents of the
solar energy facility footprint showing the layout and location of
the solar arrays and all solar energy equipment signed by a professional
engineer or registered architect.
(6)
A preliminary equipment specification sheet that documents all proposed
solar panels, significant components, mounting systems, utility tie-in
locations, surface or underground conduit, rights-of-way and inverters
that are to be installed. A final equipment specification sheet shall
be submitted prior to issuance of a building permit.
(7)
Erosion and sediment control and stormwater management plans prepared
to NYSDEC standards, if applicable, and to such standards that may
be established by the Planning Board.
(8)
Name, address, and contact information of the proposed or potential
installer and the owner and/or operator of the project. Such information
of the final installer shall be submitted prior to issuance of a building
permit.
(9)
Name, address, and contact information of the applicant and all property
owners, demonstrating their consent to the use of the property.
C.
Fencing. Enclosure by fencing to prevent unauthorized access shall
be required. Warning signs with the owner's contact information shall
be placed on the entrance and perimeter of the fencing. The type of
fencing shall be agreed upon by the Town. The fencing and the system
may be further screened by any landscaping needed to avoid adverse
aesthetic impacts.
D.
Energy produced by a medium-scale solar energy system shall be consumed
on site and/or may be transferred off site to a utility but only in
order to and in an amount sufficient to offset on-site energy usage.
Large-scale solar energy systems shall comply with the following
additional requirements:
A.
Large-scale solar energy systems shall be located on an active farm.
B.
Site plan review. Large-scale solar energy systems shall require
site plan review and approval. In addition to the standard requirements
for site plan review, large-scale solar energy systems shall also
be required to comply with the additional site plan requirements set
forth above for medium-scale solar energy systems.
C.
Decommissioning. The submission of a decommissioning plan and associated
bond/escrow account is required.
(1)
Compliance with this plan shall be a condition of the special use
permit.
[Amended 4-12-2022 by L.L. No. 8-2022]
(2)
The decommissioning plan must be submitted to and accepted by the
Town prior to the issuance of the special use permit.
[Amended 4-12-2022 by L.L. No. 8-2022]
(3)
The associated duly posted bond or escrow account as set forth below
must be accepted by the Town prior to issuance of any associated building
permit.
(4)
The decommissioning plan must specify that after the solar energy
system can no longer be used, it shall be removed by the applicant
or any subsequent owner.
(5)
The plan shall demonstrate how the removal of all infrastructure
and the remediation of soil and vegetation shall be conducted to return
the parcel to its original state prior to construction, including,
where applicable, made suitable for agricultural use as existed prior
to construction.
(6)
The plan shall also include an expected timeline for execution.
(7)
A cost estimate detailing the projected cost of executing the decommissioning
plan shall be prepared by a professional engineer or contractor, and
a bond or escrow account shall be posted with the Town for the amount
of removal. Cost estimations shall take into account inflation and
shall have a term consistent with the life of the solar energy system.
(8)
Removal of solar energy systems must be completed in accordance with
the decommissioning plan.
(9)
If the solar energy system is not decommissioned within 90 days after
being considered abandoned, the municipality may remove the system
and restore the property, using the bond proceeds to do so, and impose
a lien on the property to cover these costs to the municipality in
excess of the bond proceeds.
(10)
A decommissioning plan shall additionally provide for, but not
be limited to:
(a)
Removal of all aboveground and below-ground equipment, structures,
and foundations.
(b)
Restoration of the surface grade, effective drainage, and soils
after removal of equipment.
(c)
Revegetation of restored soil areas with native perennial vegetation
seed mixes, excluding any invasive plant species.
D.
Additional special use permit requirements. In addition to those requirements of the Town's special use permit process under Article XII, § 295-53, large-scale solar energy systems shall also be required to comply with these additional special use permit requirements:
(1)
A large-scale solar energy system shall be located on a farm.
(2)
Agricultural operations on the farm must continue at a level sufficient
to be considered an active (i.e., "working") farm or active farm operation
as defined in New York State Agriculture and Markets Law § 301(11).
Failure to do so subjects the owner/operator to significant penalties
for every day the solar array is operational when the agricultural
operations are not.
(3)
The total acreage comprising the solar energy system may not exceed
more than 25% of the farm acreage, nor be more than 25 acres in area.
If a farm residence is present, a minimum of one acre shall be set
aside as residential and thus subtracted from the total eligible acreage.
(4)
A notice of intent (NOI) must be filed with the New York State Department
of Agriculture and Markets (NYSDAM). The NOI process must be completed
and approved by NYSDAM prior to site plan approval.
(5)
The proposal shall comply with NYSDAM "Guidelines for Solar Energy
Projects - Construction Mitigation for Agricultural Lands."
(6)
The total area of disturbance shall avoid the farm's best agricultural
soils and/or farming areas to the greatest extent practicable, including
avoiding all prime soils to the greatest extent practicable. Disturbed
area includes, but is not limited to, solar arrays, access roads,
operation and maintenance buildings, utility tie-ins, substations
and rights-of-way.
(7)
The solar arrays and associated structures shall have sufficient
setbacks from any public roads and adjacent non-owner properties or
public sites to avoid creation of an adverse visual or other environmental
impact to or from adjacent properties.
(8)
All access roads and vehicular pathways within the solar energy system
footprint shall be constructed to minimize the extent of impervious
materials and soil compaction. Access roads and pathways should follow
the perimeter of fields when practicable to reduce the clearing of
mature trees and vegetation. Access roads shall be maintained for
emergency services.
(9)
The solar panels shall be installed by a qualified solar installer
by being augered into the ground or pole driven and safely secured
while creating minimal impact on the soils.
(10)
Minimum setbacks shall be 100 feet from a public road, 50 feet
from side and rear yard lot lines, and 150 feet from any residences.
(11)
The solar panels shall have a maximum height of 20 feet when
the system is oriented at its maximum tilt.
(12)
The solar panels shall be installed at a height above ground
that is sufficient to allow wildlife to pass underneath. The solar
panels must have sufficient clearance off the ground of at least 32
inches and be spaced such that enough sunlight reaches the ground
to support the growth of grasses, wildflowers, pollinators, or other
plant life that will help enrich the underlying soil.
(13)
Plantings shall include a nitrogen fixing legume such as ladino
clover or other native perennial vegetation used as cover crops and/or
pollinators and replanted as necessary under the solar panels. The
Monroe County Soil and Water Conservation District may have additional
suggestions.
(14)
A landscape plan must be submitted for approval. The plan must
factor in site-specific conditions, including topography, adjacent
structures, and roadways, and, to the greatest extent practicable,
shall minimize visual impacts by preserving natural vegetation, creating
berms, and providing landscape screening to abutting properties, roads,
public lands and properties, such as, but not limited to, parks and
trails, and environmentally sensitive resources. A visual assessment
of the effects of the project on visual character and scenic resources
may be required.
(15)
Solar energy systems shall be designed to minimize reflective
glare toward roads and any inhabited building on adjacent properties.
(16)
Equipment specification sheets shall be provided for all photovoltaic
panels, significant components, major mounting systems, and inverters
that are to be installed.
(17)
Maintenance and operation. The submission of a property operation
and maintenance plan shall be required. Such plan shall describe continuing
maintenance of the solar energy system as well as property upkeep,
including mowing, trimming, replacement of plantings, debris removal,
replacement of surface materials for access, and inspection protocols
of drainage systems and other site infrastructure.
(18)
Any damaged or defective panels shall be replaced or removed
within 90 days of discovery to prevent leaching of materials into
the soil.
(19)
Sites must be available for inspections from Code Enforcement
Officers and other involved government agencies or representatives
of those agencies.
(20)
Agricultural conservation easements and/or deed restrictions,
in a form acceptable to the Town, shall restrict nonagricultural activities
on 75% of the total eligible farm acreage of the subject farm on which
the large-scale solar energy system is located. Said easements/restrictions
shall be filed and recorded with the Monroe County Clerk's Office
prior to the issuance of a building permit.
[Amended 12-20-2023 by L.L. No. 14-2023]
(21)
As an alternative to the above at Subsection D(20), agricultural conservation easements and/or deed restrictions, in a form acceptable to the Town, shall restrict nonagricultural activities on eligible farm acreage of a noncontiguous (off-site) active farm, said noncontiguous (off-site) active farm to be in the Town of Henrietta, all in an amount of acreage equal to four times the acreage of the subject proposed solar facility. Said easements/restrictions shall be filed and recorded with the Monroe County Clerk's Office prior to the issuance of a building permit. In this case, for Subsection D(2) and (3) above, "farm" shall apply to the noncontiguous (off-site) farm.
[Added 12-20-2023 by L.L. No. 14-2023[1]]
[1]
Editor's Note: This local law also renumbered former Subsection
D(21) through (28) as Subsection D(22) through (29), respectively.
(22)
The solar arrays and associated electrical equipment shall be
enclosed by security fencing to prevent unauthorized access. All mechanical
equipment, including any structure for storage batteries, shall be
enclosed in a manner consistent with the National Electrical Code
and the Town of Henrietta Director of Engineering and Planning. Warning
signs with the owner's twenty-four-hour emergency contact information
shall be placed on the entrance and perimeter of the fencing. The
fencing may be required to be supplemented by landscaping or other
screening methods needed to avoid adverse aesthetic impacts. All fencing
must be approved as part of the site plan.
(23)
Disconnect and other emergency shutoff information shall be
clearly displayed on a light reflective surface as dictated by the
National Electrical Code. A clearly visible warning sign concerning
voltage shall be placed at the base of all pad-mounted transformers
and substations.
(24)
An insurance policy providing coverage for liability which may
arise as a result of the solar energy system shall be required.
(25)
Lease. If a lease is proposed in connection with the development
and/or operation of the solar energy system, said lease and any other
easements or agreement related thereto shall be submitted to the Town
with the site plan and special use permit application.
[Amended 4-12-2022 by L.L. No. 8-2022]
(26)
That portion of the farm occupied by the solar array system
shall be separated out into its own parcel (thus forfeiting any agricultural
exemptions).
(27)
Once the solar array parcel has been separated out from the
farm, the property owner will be required to obtain new agricultural
soil quality maps for any parcel affected by the separation of the
solar arrays.
(28)
An agreement must be put in place between the property owner/operator
and the Town prior to approval of the special use permit for the arrays.
Included in the agreement will be the decommissioning plan and bond
or escrow amount that shall be created sufficient to cover the cost
of removing the entire array when it reaches the end of its life span
or has become abandoned, the specified penalties for failure to maintain
an agricultural operation, any negotiated PILOT agreement (see above),
and any other pertinent details. No special use permit will be issued
without an executed agreement.
(29)
The Town Board may impose additional conditions on its approval
of any special use permit under this section in order to enforce the
standards referred to in this section.
E.
Payment in lieu of taxes. The Town of Henrietta intends to require a contract for payments in lieu of taxes, all as per § 487 of the New York Real Property Tax Law, including, but not limited to, for large-scale solar energy systems, all as set forth at Chapter 250 of the Henrietta Town Code.
[Amended 11-15-2023 by L.L. No. 13-2023]
F.
This article is not intended to nor shall it preempt New York State
law as it relates to the regulation of certain large solar developments
to be regulated by the New York State Board of Electric Generation
Siting and the Environment, which, at the time of adopting this article,
applies to solar energy systems generating at least 25 MW of energy.
The streamlined New York State unified solar permit process
is available for approval for all residential solar photovoltaic system
installations that meet the criteria listed below.
A.
Has a rated DC capacity of 25 kW or less.
B.
Is mounted on a permitted roof structure, on a legal accessory structure,
or ground mounted on the applicant's property.
C.
If the mounting structure is a sloped roof, the solar panels are
mounted parallel to the roof surface.
D.
The solar installation contractor complies with all licensing and
other requirements of the Town of Henrietta, County of Monroe, and
State of New York.
E.
Does not need a zoning variance.
F.
If the house is an historic property, or otherwise subject to an
Architectural or Historical Review Board, the review has already been
completed.
G.
The applicant must complete the Town of Henrietta unified solar permit
and submit it to the Department of Building and Fire Prevention, along
with the associated fee, in order to obtain the necessary building
permits to install or have installed a qualified solar system.
A.
All solar energy systems shall be decommissioned upon abandonment.
B.
All large-scale solar arrays shall be decommissioned according to
the approved decommissioning plan, including within the time frame
established therein.
C.
If no decommissioning timeline is established (i.e., via a decommissioning
plan), a solar energy system shall be decommissioned no later than
six months after abandonment. Applications for extensions to provisions
in this subsection and for extensions related to abandonment may be
made to and reviewed by the Town Board and may be granted up to a
single six-month extension for good cause shown, all in the Town Board's
discretion.
D.
Should the owner and/or operator fail to decommission the solar energy
system as required herein:
(1)
The Town shall issue a notice to the owner/operator on file with
the Town calling for a hearing before the Town Board. The owner/operator
may present evidence at such hearing regarding the abandonment and
decommissioning status of the solar energy system.
(2)
If, after said hearing, the Town Board determines that the solar
energy system is, in fact, abandoned, and the time to decommission
it has expired, the Town Board may then order that the Town remove
the solar energy system itself. In this case, the Town may utilize
the proceeds from the bond provided as part of the decommissioning
plan to pay for said decommissioning.
(3)
If no bond is available or cannot otherwise be accessed, the Town
may pay the costs of such decommissioning. The Town shall be reimbursed
for such costs by assessment and levy upon real property associated
with the solar energy system, and the expense so assessed shall constitute
a lien and charge on the real property on which it is levied until
paid or otherwise satisfied or discharged and shall be collected in
the same manner and at the same time as other Town charges and charged
the same as a lien against the subject property, which lien shall
be levied against said property's taxes.
