This chapter shall be referred to as "Local Law No. 2 of 2021 Adding Chapter
277 to the Code of the Village of Albion, New York, concerning Solar Energy Systems and Solar Energy Farms."
This chapter is adopted pursuant to the legislative authority
in Municipal Home Rule Law § 10, Village Law §§ 7-700
through 7-742, General Municipal Law §§ 96 and 119-dd
and Public Service Law Article 10.
The Village of Albion (hereinafter referred to as "Albion")
finds that solar energy, as properly regulated, is clean, readily
available and a renewable energy source beneficial to Albion, its
residents and the general public. Among other things, solar energy
can potentially take advantage of a safe, abundant, renewable and
nonpolluting energy resource and can also decrease the cost of energy
to commercial and residential properties. Albion encourages the use
of community choice aggregation to partner with community solar projects
as a means to provide the benefits of solar energy directly to residents.
Solar energy can increase employment and business development in Albion
by furthering the installation of solar energy systems and solar energy
farms. Albion finds a growing need to properly site and regulate solar
energy systems and solar energy farms within Albion to protect residential,
commercial business and other areas or land uses, to preserve the
overall beauty, nature and character of Albion, to promote the effective
and efficient use of solar energy resources and to protect the health,
safety and general welfare of the citizens of Albion. Solar energy
systems and/or solar energy farms deplete land available for other
uses, introduce industrial usage into other nonindustrial areas and
can potentially pose environmental challenges. Solar energy systems
and/or solar energy farms need to be regulated for removal when no
longer utilized and/or useful in order to prevent environmental problems
and/or abandonment of industrial properties and/or such solar energy
systems and/or solar energy farms.
As used in this chapter, the following terms shall have the
meanings indicated hereinbelow:
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
A combination of photovoltaic building components integrated
into any building envelope system such as vertical facades, including
glass and other facade material, semitransparent skylight systems,
roofing materials and shading over windows for the purpose of producing
electricity for on-site usage or consumption.
GLARE
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.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure for the purpose of producing electricity for on-site usage
or consumption, with system capacity up to 25 kW AC and that generates
no more than 110% of the electricity consumed on the site over the
previous 12 months.
LARGE-SCALE SOLAR ENERGY SYSTEM
A solar energy system that is ground-mounted and produces
energy for the purpose of on-site usage or consumption with system
capacity of more than 25 kW AC and that generates no more than 110%
of the electricity consumed on the site over the previous 12 months.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
on-site usage or consumption of any kilowatt (kW) alternating current
(AC) capacity.
SOLAR ENERGY EQUIPMENT
Electrical energy storage devices, material, hardware, inverters
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
SOLAR ENERGY SYSTEM
The components and subsystems required to convert solar energy
into electric energy suitable for use and storage. 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.
SOLAR FARM
The use of land where a series of one or more solar collectors
are placed in an area on a parcel of land for the purpose of generating
photovoltaic power and said series of one or more solar collectors
placed in an area on a parcel of land collectively has nameplate generation
capacity of more than 25 kilowatts (kW) alternating current (AC) or
more when operating at maximum efficiency for the purpose of off-site
sale, usage and/or consumption. The term "solar farm" shall not be
construed to include, so as to prohibit, or have the effect of prohibiting,
the installation of a solar collector that gathers solar radiation
as a substitute for traditional energy for water heating, active space
heating and cooling, passive heating or generating electricity for
a residential property. The term "solar farm" shall also not be construed
in such a way as to prohibit the installation or mounting of a series
of one or more solar collectors upon the roofs of residential and/or
commercial structures regardless of whether said series of one or
more solar collectors collectively has a total nameplate generation
more than 25 kW AC when operating at maximum efficiency.
SOLAR PANEL
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
The requirements of this chapter shall apply to all solar energy systems and/or solar energy farms proposed, installed, operated, maintained, modified or constructed in any Albion district after the effective date, excluding general maintenance and repair and/or building-integrated photovoltaic systems, with the provision that same conforms with noise and glare regulations contained in Albion Village Code Chapter
236.
Any violation of this chapter shall be subject to the same civil
and criminal penalties provided for in the Albion Village Code (including
any applicable zoning regulations) and/or the laws of the State of
New York.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter, or the application thereof to any person, individual,
firm or corporation, or circumstance, shall be adjudged by a court
of competent jurisdiction to be invalid or unconstitutional, such
order or judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, section or part of this chapter, or in its
application to the person, individual, firm or corporation, or circumstance,
directly involved in the controversy in which said order or judgment
shall be rendered.
This chapter shall take effect upon the date it is filed in
the office of the New York State Secretary of State in accordance
with the Municipal Home Rule Law § 27.