[HISTORY: Adopted by the Town Board of the Town of Webster
as indicated in article histories (Ch. 113 of the 1991 Code). Amendments
noted where applicable.]
[Adopted 11-17-2016 by L.L. No. 3-2016]
This article is adopted pursuant to §§ 261-263
of the Town Law of the State of New York, which authorize the Town
of Webster to adopt zoning provisions that advance and protect the
health, safety, and welfare of the community and "to make provision
for," as conditions may permit, the accommodation of solar energy
systems and equipment and access to sunlight necessary therefor.
A.
This article is adopted to advance
and protect the public health, safety, and welfare of the Town of
Webster, including:
As used in this article, the following terms shall have the
meanings indicated:
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.
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 primary purpose of producing electricity for on-site
consumption.
A solar energy system that is ground-mounted and produces
energy primarily for the purpose of off-site sale or consumption.
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
on-site or off-site consumption.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
The requirements of this article shall apply to all solar energy
systems installed or modified after its effective date, excluding
general maintenance, repair, and building-integrated photovoltaic
systems.
A.
All solar energy systems shall
be designed and installed in conformance with the current International
Building Code requirements and the manufacturer's recommendations.
In case of conflict between these sources, the International Building
Code shall apply.
B.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy
systems that use the electricity on site are permitted as an accessory
use in all zoning districts when attached to any lawfully permitted
building or structure.
(2)
Height. Solar energy systems
shall not exceed the maximum height restrictions of the zoning district
within which they are located and are provided the same height exemptions
granted to building-mounted mechanical devices or equipment.
(3)
Aesthetics. Roof-mounted solar
energy system installations shall incorporate the following design
requirements:
(a)
Height and setback. Roof-mounted
solar energy systems shall adhere to the height and setback requirements
of the underlying zoning district.
(b)
Panels installed on a sloping
roof facing the front yard must be mounted at the same angle as the
roof's surface with a maximum distance of 18 inches between the roof
and the highest edge of the system.
(c)
Panels installed on a flat
or near-flat roof shall be screened by a parapet wall or other approved
screening materials at an equal height as the top of the panels.
(d)
All flat and near-flat
roof installations shall provide a perimeter area around the edges
of the roof for emergency access and maintenance work. Larger buildings
may be required to provide internal walkways to equipment, access
hatches, stairways, ladders, and other roof penetrations or equipment.
C.
Ground-mounted solar energy systems
installations shall incorporate the following design requirements:
(1)
Ground-mounted solar energy
systems that use the electricity primarily on site are permitted as
accessory structures in all zoning districts.
(2)
Height and setback. Ground-mounted
solar energy systems shall adhere to the height and setback requirements
of the underlying zoning district.
(3)
Lot coverage. Ground-mounted
systems are limited to a maximum of 20% of lot coverage. The surface
area covered by ground-mounted solar panels shall be included in the
total lot coverage, including any primary or secondary structures.
Area shall be based upon square feet of solar panel surfaces.
(4)
All ground-mounted systems
in residential districts shall be installed in the side or rear yards
with a minimum setback of 25 feet to any adjoining property lines.
(5)
All ground-mounted systems
shall be located in a manner to reasonably minimize view blockage
for surrounding properties and shading of adjoining properties, while
still providing adequate solar access for collectors.
D.
Rules applicable to all solar
energy systems.
(1)
All solar energy systems shall
not be located within any buffer, easement, or environmental protection
overlay district (wetland, steep slope, or coastal erosion area).
(3)
Small solar panels of less
than one square yard for charging of batteries and powering small
equipment or devices shall not require a permit.
(4)
All solar energy systems shall
obtain site plan approval from the Webster Planning Board under the
local Zoning Code or other land use regulations.
(5)
For any installation within
an existing agricultural district or conservation easement, the applicant
shall submit all required documentation in conformance with local,
state, and federal laws.
A.
Large-scale solar energy systems
are permitted through the issuance of a special use permit within
all residential districts, subject to the requirements set forth in
this section, including site plan approval. Applications for the installation
of a large-scale solar energy system shall be reviewed by the Commissioner
of Public Works and his/her division heads or agents or designees
and referred, with comments, to the Town Board for its review and
action, which can include approval, approval with conditions, or denial.
The Town Board shall refer site plan approval to the Planning Board
prior to granting any special use permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Large-scale solar energy systems
are permitted in commercial districts under the site plan review process
of the Planning Board. Front setbacks shall comply with the underlying
zoning district.
For a special use permit application, the Town Board shall determine
if the special use permit application is supplemented by the following
provisions:
A.
If the property of the proposed
project is to be leased, legal consent between all parties, specifying
the use(s) of the land for the duration of the project, including
easements and other agreements, shall be submitted.
B.
Blueprints showing the layout
of the solar energy system shall be signed by a professional engineer
registered in New York State, including verification that the existing
structure is structurally capable report of supporting all additional
load impacts.
C.
The equipment specification sheets
shall be documented and submitted for all photovoltaic panels, significant
components, mounting systems, and inverters that are to be installed.
D.
Property operation and maintenance
plan. The applicant shall submit a maintenance agreement plan that
describes continuing photovoltaic maintenance and property upkeep,
such as mowing and trimming.
E.
Decommissioning plan. To ensure
the proper removal of large-scale solar energy systems, a decommissioning
plan shall be submitted as part of the application. Compliance with
this plan shall be made a condition of the issuance of a special use
permit under this section. The decommissioning plan must specify that
after the large-scale solar energy system is to be abandoned or is
no longer to be used, it shall be removed by the current owner. The
plan shall demonstrate how the removal of all infrastructure and the
restoration of soil and vegetation shall be conducted to return the
parcel to its original state prior to construction. The plan shall
also include a time line for execution. A cost estimate detailing
the projected cost of executing the decommissioning plan shall be
prepared by a professional engineer or contractor. Cost estimations
shall take into account inflation. Removal of large-scale solar energy
systems must be completed in accordance with the decommissioning plan.
If the large-scale solar energy system is not decommissioned after
being considered abandoned, the municipality may remove the system,
restore the property, and impose a lien on the property to cover the
cost recovery to the municipality.
A.
Height and setback. Large-scale
solar energy systems shall adhere to the height and setback requirements
of the underlying zoning district.
B.
Lot size. Large-scale solar energy
systems shall be located on lots with a minimum lot size of five acres.
C.
Lot coverage. A large-scale solar
energy system that is ground-mounted shall not exceed 20% of the lot
on which it is installed. The surface area covered by solar panels
shall be included in total lot coverage. This lot coverage shall include
all structures located on the parcel. A large-scale solar energy system
is permitted as a primary structure in any commercially zoned property.
The Town Board shall consider issuance of a special use permit in
any residential district.
D.
All large-scale solar energy systems shall be enclosed by fencing to prevent unauthorized access. Fencing shall be in compliance with the current Town requirements. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing, with at least one sign facing each adjoining property. The type of fencing shall be as determined by the Town of Webster in conformance with § 350-79. The fencing and the system may be further screened by landscaping as needed to avoid adverse aesthetic impacts.
E.
Any application under this section shall meet any substantive provisions contained in local site plan requirements (Chapter 269) in the Zoning Code that, in the judgment of the Commissioner of Public Works and his/her division heads or agents or designees, are applicable to the system being proposed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
The Town Board may impose conditions
on its approval of any special use permit under this section in order
to enforce the standards referred to in this section or in order to
discharge its obligations under the State Environmental Quality Review
Act (SEQRA).
A.
Solar energy systems are considered
abandoned when the Code Enforcement Officer determines the site and
system have not been maintained, are a safety risk, or after one year
without electrical energy generation and must be removed from the
property. Applications for extensions shall be reviewed by the Town
Board for a period of one year.
B.
All appeals of any decision by
the Town of Webster shall be directed to the Zoning Board of Appeals.
If the invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision or phrase of the aforementioned
sections is declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional, it 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.
