[Added 9-2-2020 by L.L. No. 7-2020]
This article is adopted to advance and protect the public health,
safety, and welfare of the City by creating standards for the installation
and use of solar energy generating systems and equipment and to make
provision for, so far as conditions may permit, the accommodation
of solar energy systems and equipment.
As used in this article, the following terms 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's (NRCS) 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, including both wild and managed insects.
Land, designated as "prime farmland" in the U.S. Department
of Agriculture Natural Resources Conservation Service's (NRCS) 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 1 solar energy systems include the following: roof-mounted
solar energy systems and building-integrated solar energy systems.
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.
This article applies to all solar energy systems permitted, installed,
or modified in the City after the effective date of this article,
excluding standard maintenance and repair.
B.
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 article.
C.
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 City Code.
A building permit shall be required for installation of all
solar energy systems and the construction/installation shall be carried
out in conformance with such building permits.
All Tier 1 solar energy systems are permitted in all zoning
districts and shall be exempt from site plan review, subject to the
following conditions for each type of solar energy system:
A.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems shall incorporate, when feasible,
the following design requirements:
(a)
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.
(b)
Solar panels on pitched roofs shall be installed parallel to
the roof surface on which they are mounted or attached.
(c)
Solar panels on pitched roofs shall not extend higher than the
highest point of the roof surface on which they are mounted or attached.
(d)
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.
(2)
Glare. All roof-mounted solar panels shall have antireflective coating(s).
(3)
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.
All Tier 2 solar energy systems shall be permitted in all zoning
districts as accessory structures and shall be exempt from site plan
review under the Zoning Code, subject to the following conditions:
A.
Glare. All solar panels shall have antireflective 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. Tier 2 solar energy systems shall be subject to the height
limitations specified for accessory structures within the underlying
zoning district.
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 pursuant to § 179-24 of this chapter within the Industrial (I-1), Light Industrial (I-2) and General Commercial (C-1) zoning districts, and are subject to site plan application requirements set forth in Article VI of this chapter.
A.
Applications. Applications for the installation of Tier 3 solar energy
system shall be reviewed by the Building and Zoning Administrator
for completeness. Applicants shall be advised of the completeness
of their application or any deficiencies that must be addressed prior
to substantive review.
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 rights-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 antireflective 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
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 City as set forth herein.
(2)
A decommissioning plan signed by the owner and/or operator of the
solar energy system shall be submitted by the applicant, addressing
the following:
(3)
Security.
(a)
The deposit, executions, or filing with the City Clerk of cash,
bond, or other form of security reasonably acceptable to the City
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 restoration 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.
(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 City, 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 also be required. Any site plan application shall include, in addition to any information required by Article VI hereof, 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 over current 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 building permit.
(5)
Name, address, and contact information of proposed or potential system
installer 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 a 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 Commission.
(10)
Prior to the issuance of the building permit or final approval
by the Planning Commission, but not required as part of the application,
engineering documents must be signed and sealed by a New York State
licensed professional engineer or registered architect.
J.
Special use permit standards. In addition to the requirements of § 179-24 hereof, the following shall apply:
(1)
Lot size. The property on which a Tier 3 solar energy system is placed
shall meet the lot size requirements of the underlying zoning district.
(2)
Setbacks. Tier 3 solar energy systems shall comply with the setback
requirements of the underlying zoning district for principal structures.
(3)
Height. Tier 3 solar energy systems shall comply with the building
height limitations for principal structures of the underlying zoning
district.
(4)
Lot coverage.
(a)
The following components of a Tier 3 solar energy system shall
be 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 submitted by the applicant.
[2]
Screening and landscaping.
[a]
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.
[b]
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 planning, plus two supplemental
shrubs at the reasonable discretion of the Planning Commission, all
planted within each 10 linear feet of 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 should be provided by the City upon request.
(7)
Agricultural resources. For projects located on agricultural lands:
(a)
Any Tier 3 solar energy system located on 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.
(b)
Tier 3 solar energy systems on prime farmland or farmland of
statewide importance shall be required to seed 20%.
(c)
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.
(d)
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, including financial
assurance therefor. A new owner or operator of the solar energy system
shall notify the Building and Zoning Administrator of such change
in ownership or operator within 30 days of 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 City and any
applicable federal, state, or county laws or regulations.
B.
Upon cessation of electricity generation of a solar energy system
on a continuous basis for 12 months, the City 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 360 days of notification.
C.
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the City 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 article shall be subject to the enforcement
requirements, including civil and criminal penalties, provided for
in the City's Zoning Code.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision, or phrase of the aforementioned
sections, as declared by any court of competent jurisdiction, 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.
