[HISTORY: Adopted by the Board of Trustees of the Village
of Avon 8-21-2023 by L.L. No. 5-2023. Amendments noted where applicable.]
A.
The Village of Avon Planning Board and Village Board of Trustees
recognize that solar energy is a clean, readily available and renewable
energy source and recommend that the Village accommodate the use of
solar energy systems for on-site consumption, subject, however, to
properly cite and regulate solar energy systems within the boundaries
of the Village of Avon to protect residential uses, business areas
and other land uses; to preserve the natural resources, overall beauty,
the historical nature and character of the Village; 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 Village.
B.
In accordance with the Village of Avon Comprehensive Plan, adopted
May 2018:
"It shall be the policy of the Village to conserve and enhance
the quality of our natural environment through community stewardship
and the employment of sustainable land use and development practices.
Our local farmlands, open spaces, woodlots, and banks of the Genesee
River help to maintain the tranquil rural setting in which we live,
work, and play. Our land-based decisions will seek to maximize the
environmental, aesthetic, and recreational value of these resources
for the health and enjoyment of existing and future generations. We
will continue to protect viable agricultural lands from development
pressures, and support the provision of local foods. And to further
reduce our ecological footprint, we will work to secure locally sourced,
sustainable energy that will contribute to the pursuit of energy independence
and a cleaner, healthier environment for all to enjoy."
As used in this chapter, the following terms shall have the
meanings indicated:
The person or entity submitting an application and seeking
an approval under this chapter; the owner of a solar energy system
or a proposed solar energy system project; the operator of a solar
energy system or a proposed solar energy system project; any person
acting on behalf of an applicant, solar energy system or proposed
solar energy system. Whenever the term "applicant" or "owner" or "operator"
is used in this chapter, said term shall include any person acting
as an applicant, owner or operator.
A combination of PV (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. Technologies include
PV shingles, or tiles, PV laminates, and PV glass.
Any solar energy system that is affixed to the side(s) or
rear 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.
The removal and disposal of all solar panels, solar energy
equipment, structures, equipment and accessories, including subsurface
foundations and all other material, concrete, wiring, cabling, or
debris, that were installed in connection with a solar energy system
and the restoration of the parcel of land to the original state prior
to construction of the solar energy system. Details of the expected
decommissioning activities and costs are to be described in the decommissioning
plan and decommissioning agreement as may be required pursuant to
this chapter.
A written agreement between the applicant, initial landowner
and Village that sets forth the obligations of the applicant and/or
the initial landowner to properly decommission the solar energy system
if the use of such system is discontinued, abandoned or becomes inoperable.
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.
Any solar energy system that is affixed to the ground either
directly or by support structures or other mounting devices where
such structure and mounting exist solely to support the solar energy
system.
The record title owner to the real property upon which a
solar energy system is constructed, at the time such solar energy
system is originally constructed.
A solar energy system mounted on the roof of any legally
permitted building or structure and wholly contained within the limits
of the roof surface, intended to produce energy for on-site consumption
or credit for on-site consumption for a building, single-family residence,
multifamily residence, or business.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit that are used with solar
panels to produce and distribute 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. A solar energy
system is classified as a Tier 1, Tier 2, Tier 3, or Tier 4 solar
energy system.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
The vertical angle, where 0° minimum tilt means the panel
is lying flat, and 90° maximum tilt means that it is vertical.
A.
Tier 1 solar energy systems have a capacity of up to 25 kW AC and
generate no more than 110% of the electricity consumed on the site
over the previous 12 months. These include the following:
B.
Tier 2 solar energy systems have a capacity of up to one MW AC and
include ground-mounted or building-mounted solar energy systems which
generate no more than 10% of the electricity consumed on the site
over the previous 12 months.
C.
Tier 3 solar energy systems have a capacity of up to five MW AC and
are located on land primarily used to convert solar energy into electricity
for off-site energy consumption.
D.
Tier 4 solar energy systems are solar energy systems which are not
included under Tier 1, Tier 2, or Tier 3 solar energy systems.
A.
Roof-mounted systems.
(1)
Roof-mounted systems are permitted as an accessory use in all zoning
districts when attached to lawfully permitted uses and accessory structures,
subject to the zoning codes of the Village of Avon and the requirements
set forth in this section.
(2)
Requirements:
(a)
Accessory uses and structures must exist on the permitted parcel.
(b)
The placement of a solar energy system shall only be permitted
upon issuance of a building permit based on special application materials
supported by the Village Building and Codes Department.
(c)
All projects are subject to proper permitted projects and codes
and code review.
(d)
Height. Solar energy systems shall not exceed maximum height
restrictions within any zoning district and are provided the same
height exemptions granted to building-mounted mechanical devices or
equipment.
(e)
Setback. Solar energy systems are subject to the setback requirements
of the underlying zoning district.
(f)
Aesthetics. Solar installation shall incorporate the following
design requirements:
[1]
Panels facing the front yard must be mounted at the same angle
as the roof's surface.
[2]
No part of the roof-mounted solar energy system shall extend
above, beyond or below the edge of the roof it is mounted to. Additionally,
the Code Enforcement Officer will require a minimum of three-foot-wide
access on all sides of the solar energy system.
B.
Building-mounted systems.
(1)
Building-mounted systems are permitted as an accessory use in all
zoning districts when attached to lawfully permitted uses and accessory
structures, subject to the zoning codes of the Village of Avon and
the requirements set forth in this section.
(2)
Requirements:
(a)
Accessory uses and structures must exist on the permitted parcel.
(b)
The placement of a solar energy system shall only be permitted
upon issuance of a building permit based on special application materials
supported by the Village Building and Codes Department.
(c)
All projects are subject to proper permitted projects and codes
and code review.
(d)
Height. Solar energy systems shall not exceed maximum height
restrictions within any zoning district and are provided the same
height exemptions granted to building-mounted mechanical devices or
equipment.
(e)
Setback. Solar energy systems are subject to the setback requirements
of the underlying zoning district.
(f)
Aesthetics. Solar installation shall incorporate the following
design requirements:
[1]
Panels facing the front yard must be mounted at the same angle
as the supporting surface.
[2]
No part of the building-mounted solar energy system shall extend
above, beyond or below the edge of the roof it is mounted to. Additionally,
the Code Enforcement Officer will require a minimum of three-foot-wide
access on all sides of the solar energy system.
[3]
Solar energy equipment shall be installed inside walls and attic
spaces to reduce their visual impact. If solar energy equipment is
visible from a public right-of-way, it shall match the color scheme
of the underlying structure.
C.
Building-integrated systems.
(1)
Building-integrated systems are permitted as an accessory use in
all zoning districts when attached to lawfully permitted uses and
accessory structures, subject to the zoning codes of the Village of
Avon and the requirements set forth in this section.
(2)
Requirements:
(a)
Accessory uses and structures must exist on the permitted parcel.
(b)
The placement of a solar energy system shall only be permitted
upon issuance of a building permit based on special application materials
supported by the Village Building and Codes Department.
(c)
All projects are subject to proper permitted projects and codes
and code review.
D.
Ground-mounted systems.
(1)
Ground-mounted systems offer an alternative to parcels lacking ideal
roof solar access. Ground-mounted solar energy systems are permitted
as an accessory structure in all zoning districts subject to the zoning
codes of the Village of Avon and the requirements set forth in this
section.
(2)
Requirements:
(a)
All ground-mounted solar panels in residential districts shall
be installed in the side or rear yard.
(b)
Accessory uses and structures must exist on the permitted parcel.
(c)
The placement of a solar energy system shall only be permitted
upon issuance of a building permit based on special application materials
supported by the Village Building and Codes Department.
(d)
Aesthetics. Solar installation shall incorporate the following
design requirements:
[1]
Setback. Solar energy ground-mounted systems will be subject
to the setback requirements of 15 feet from the side of the lot line,
and 15 feet from the back of the lot line.
[2]
Height. Solar energy systems shall not exceed a maximum height
of 12 feet. All height measurements are to be calculated when the
solar energy system is oriented at maximum tilt.
[3]
Lot coverage. The surface of ground-mounted solar panels shall
be included in lot coverage and impervious surface calculations.
A.
Ground- and building-mounted Tier 2 solar systems are permitted through
the issuance of a special use permit within the following zoning districts
in the Village of Avon: Light Industrial, Agriculture, or Business
District.
B.
Height and setback. Tier 2 solar energy systems shall adhere to the
height and setback of 20 feet from the side and back of the lot lines
and shall not exceed a maximum height of 15 feet. All height measurements
are to be calculated when the solar energy system is oriented at maximum
tilt.
C.
Tier 2 ground-mounted solar energy systems shall be enclosed by fencing
to prevent unauthorized access. Warning signs with the owner's
contact information shall be placed on the entrance and perimeter
of the fencing. The height and type of fencing shall be determined
by the special use permit process. The fencing and the system shall
be required to be further screened by landscaping to avoid adverse
aesthetic impacts. Landscaping will be maintained by the owner.
D.
On-site electrical interconnection lines and distribution lines shall
be placed underground, unless otherwise required by the utility.
E.
The removal of existing vegetation is limited to the extent necessary
for the construction and maintenance of the solar installation.
F.
Property operation and maintenance plan. A property operation and
maintenance plan is required, describing continuing photovoltaic maintenance
and property upkeep, such as mowing, trimming, etc.
Tier 3 and Tier 4 solar systems are not allowed within the Village
of Avon at this time.
A.
Solar panels added to historic buildings should be done in a manner
that has minimal impact on historic roofing materials and preserves
the character by placing them with limited or no visibility and be
reversible.
B.
Solar panels affixed to a flat roof shall be placed below the line
of sight from a public right-of-way, or on a secondary roof slope.
Roof panels should be installed horizontally, flat or parallel to
the roof, to reduce visibility.
C.
Installing a solar energy system or solar panels on the historic
building should be done after all other locations have been investigated
and determined not feasible.
D.
Solar panels shall be placed on new constructions or additions, if
present.
Solar energy systems are considered abandoned after 12 months
without electrical energy generation and must be removed from the
property.
A.
A battery storage system consists of one or more devices, assembled
together, capable of storing energy in order to supply electrical
energy at a future time. The need for a residential battery storage
system seems to be quite low in our Village. Village residents have
established connections with a utility company. If residents choose
to install a solar energy system, the utility company installs a two-way
meter that measures electrical output from the system and electrical
input into the house from the grid. Although a battery storage system
is an option for a homeowner, it seems to be a less optimal decision
at this time.
B.
At this time, installation of battery storage systems for residential
use only is allowed. The system will only be for power consumption
on site. Proper permits shall be required for installation of any
battery system. State and Village building, electrical, and fire codes
shall guide the issuance of such permits.
C.
At this time, installation of battery storage systems for any use
besides residential use is not permitted.
