The Town Board of the Town of Livonia states the following as
its findings and legislative intent:
A. This article is adopted pursuant to New York State Town Law §§ 261,
263 and 264, which authorize the Town of Livonia to adopt zoning provisions
that advance and protect the health, safety and welfare of the community,
and to provide for, so far as conditions may permit, the accommodation
of solar energy systems (as hereafter defined) and equipment which
generate electricity primarily for on-site use.
B. This Solar Energy Law is adopted to permit the construction of solar
energy systems in the Town of Livonia in a manner that advances and
protects the public health, safety and welfare of the Town of Livonia
while facilitating the production of renewable energy. In so doing,
this article seeks to:
(1)
Take advantage of a safe, abundant, renewable and nonpolluting
energy resource.
(2)
Preserve and protect the natural resources and prime farmland/farmland
of statewide importance within the Town of Livonia in accordance with
the Town's Comprehensive Plan.
(3)
Permit solar installations as hereinafter defined in all zoning
districts for the production of renewable energy to be used principally
on site, subject to reasonable conditions to mitigate potential impacts
to adjoining properties and preserve neighborhood aesthetics.
The Town Board of the Town of Livonia makes the following findings:
A. The Town Board of the Town of Livonia has previously adopted a temporary
moratorium concerning the siting and construction of large-scale or
commercial/industrial solar energy systems within the Town of Livonia.
In connection with its review of this subject, the Town Board has
recognized the desirability of promulgating regulations as to the
siting and construction of solar energy systems in other applications.
The Town Board of the Town of Livonia has not prohibited the erection
or creation of small-scale solar energy systems intended to primarily
benefit the property on which the solar energy system is located.
To date, existing solar energy systems in the Town of Livonia have
been built and used in residential applications.
B. The Town Board of the Town of Livonia recognizes that solar energy
can be a clean, readily available and renewable energy source. At
this time, the Town of Livonia intends to accommodate the use of solar
energy systems in the context of residential and agricultural applications,
as well as single-user commercial applications in which the solar
energy system provides energy for the commercial property, but is
not intended to create sufficient excess solar energy to make its
resale as a marketable commodity the purpose of the solar energy system,
but rather an incidental or subordinate product thereof. The Town
Board's determination not to allow large-scale solar energy systems
(as hereinafter defined) is based on the Town's farmland protection
objectives, recognition of unique local conditions, i.e., the prevalence
of highly productive soils throughout the entire Town, and recognition
that fragmentation of the land base is counter to local objectives
and threatens the sustainability of agriculture.
C. The Town Board acknowledges and finds a growing need to properly
site solar energy systems within the boundaries of the Town of Livonia
so as to protect the large abundance of prime farmland/farmland of
statewide importance within the Town, residential properties, business
areas and other land uses, to preserve the overall beauty, nature
and character of the Town of Livonia, to promote the effective and
efficient use of solar energy resources, and to protect the health,
safety and general welfare of the citizens of the Town of Livonia.
D. Prior to the adoption of this article, no specific procedures existed
to address the siting of solar energy systems or to mitigate their
potential impact upon adjoining properties or the public viewshed.
Accordingly, the Town Board finds that the promulgation of this article
is necessary to direct the location and construction of these systems.
E. Solar energy systems need to be regulated for removal when no longer
utilized.
The following definitions shall apply to this chapter:
APPLICANT
The person or entity filing an application and seeking approval
under this chapter.
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.
BUILDING-MOUNTED SOLAR ENERGY SYSTEM
Any solar energy system that is affixed to the side(s) of
a building or other structure either directly or by means of support
structures or other mounting devices, but not including those mounted
to the roof or top surface of a building. Said system is designed
and intended to generate electricity solely for use on said lot, potentially
for multiple tenants, through a distribution system that is not available
to the general public.
FARMLAND OF STATEWIDE IMPORTANCE
Land, designated as "farmland of statewide importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service's (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.
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 material
aspects.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
Any solar energy system that is affixed directly or indirectly
to the ground or land surface, rather than attached to the wall or
roof of a structure. Said system is designed and intended to generate
electricity solely for use on said lot, potentially for multiple tenants,
through a distribution system that is not available to the general
public.
LARGE-SCALE SOLAR ENERGY SYSTEM
A solar energy system that is ground-mounted and produces
energy primarily for the purpose of off-site sale or consumption.
Large-scale solar energy systems are not authorized or permitted in
any zoning district within the Town of Livonia and are specifically
intended to be a prohibited use within the Town of Livonia.
PRIME FARMLAND
Land, designated as "prime farmland" in the U.S. Department
of Agriculture Natural Resources Conservation Service's (NRCS's) Soil
Survey Geographic (SSURGO) Database, 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 uses.
It has the soil quality, growing season, and moisture supply needed
to produce economically sustained high yields of crops when treated
and managed according to acceptable farming methods, including water
management. In general, prime farmlands have an adequate and dependable
water supply from precipitation or irrigation, a favorable temperature
and growing season, acceptable acidity or alkalinity, acceptable salt
and sodium content, and few or no rocks. They are permeable to water
and air. Prime farmlands are not excessively erodible or saturated
with water for a long period of time, and they either do not flood
frequently or are protected from flooding.
ROOFTOP-MOUNTED SOLAR ENERGY SYSTEM
Any solar energy system that is affixed to the roof of a
building and wholly contained within the limits of the roof surface.
Said system is designed and intended to generate electricity solely
for use on the lot (upon which the structure containing the solar
energy system is located), potentially for multiple tenants, through
a distribution system that is not available to the general public.
SOLAR ACCESS
Space open to the sun and clear of overhangs or shade so
as to permit the uses of active and/or passive solar energy systems
on individual properties.
SOLAR ENERGY EQUIPMENT
Electrical 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. The term includes, but is not
limited to, solar panels and solar energy equipment. The area of a
solar energy system includes all of 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 are ground-mounted solar energy
systems that generate no more than 110% of the electricity consumed
on the site or more than one site or piece of property within the
jurisdictional limits of the Town of Livonia owned by the same person,
entity, farm or business over the previous 12 months. Tier 2 solar
energy systems may include solar energy systems that are developed,
operated and maintained by a third party by lease agreement or through
a power purchase agreement, but in no event shall such systems produce
power in excess of the 110% total consumption as referenced immediately
above.
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 PANEL
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
STORAGE BATTERY
A device that stores energy and makes it available in an
electrical form.
UNIFIED SOLAR PERMIT
An expedited solar permitting process has been developed
by the NY-Sun public-private partnership, which process utilizes a
standard, unified permit across municipalities in New York State.
The placement, construction and major modification of all solar
energy systems within the boundaries of the Town of Livonia shall
be permitted only as follows:
A. A building permit issued by the Town of Livonia Building Department
shall be required for the installation of any solar energy system.
B. All solar energy systems existing on the effective date of this article
shall be allowed to continue in usage as such presently exist. Routine
maintenance (including replacement with a new system of like construction
and size) shall be permitted on such existing systems. New construction
other than routine maintenance shall comply with the requirements
of this chapter.
C. No solar energy system shall hereafter be erected, moved, reconstructed,
changed or altered except in conformity with these regulations.
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 NYS Uniform Fire Prevention and Building
Code ("Building Code), the NYS Energy Conservation Code ("Energy Code")
and the Town of Livonia Code.
E. Any applications pending for solar energy systems on the effective
date of this article shall be subject to the provisions of this article.
F. This article shall take precedence over any inconsistent provisions
of the Zoning Law of the Town of Livonia.
Subject to the provisions of this chapter, certain solar energy
systems shall be allowed as follows:
A. Tier 1 solar energy systems are permitted outright in all zoning
districts in the Town.
B. Tier 2 solar energy systems are permitted as accessory structures
in all zoning districts in the Town.
C. Tier 3 solar energy systems are prohibited in all zoning districts
in the Town.
D. Any inconsistent provisions of the Zoning Law which purport to or
may be interpreted to regulate or to allow solar energy systems other
than as set forth in this article are hereby superseded.
If the applicant violates any of the conditions of its building
permit, site plan approval or violates any other local, state or federal
laws, rules or regulations, this shall be grounds for revocation of
the building permit or site plan approval. Revocation may occur after
the applicant is notified, in writing, of the violations and the Town
of Livonia Planning Board holds a hearing on same.
In their interpretation and application, the provisions of this
article shall be held to be minimum requirements, adopted for the
promotion of the public health, safety and general welfare. It is
not intended to interfere with, abrogate or annul other rules, regulations
or laws, provided that whenever the requirements of this article are
at a variance with the requirements of any other lawfully adopted
regulations, rules or laws, the most restrictive, or those which impose
the highest standards, shall govern. The requirements of this article
shall apply to all solar energy systems installed or modified after
its effective date, excluding general maintenance and repair.
If any section, subsection, phrase, sentence or other portion
of this article is for any reason held invalid, void, unconstitutional,
or unenforceable by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions
hereof.
This article shall take effect immediately upon filing with
the Secretary of State of New York.