[Added 2-8-2023 by L.L. No. 1-2023]
The Village Board of the Village of Livonia states the following
as its findings and legislative intent:
A.
This article is adopted pursuant to New York State Village Law §§ 7-700
and 7-704, which authorize the Village 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 Village of Livonia in a manner that advances
and protects the public health, safety and welfare of the Village
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 within the Village
of Livonia in accordance with the Village'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 Village Board of the Village of Livonia makes the following
findings:
A.
The Village Board of the Village of Livonia has previously adopted
a temporary moratorium concerning the siting and construction of large-scale
or commercial/industrial solar energy systems within the Village of
Livonia. In connection with its review of this subject, the Village
Board has recognized the desirability of promulgating regulations
as to the siting and construction of solar energy systems in other
applications. The Village Board of the Village 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 Village
of Livonia have been built and used in residential applications.
B.
The Village Board of the Village of Livonia recognizes that solar
energy can be a clean, readily available and renewable energy source.
At this time, the Village 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.
C.
The Village Board acknowledges and finds a growing need to properly
site solar energy systems within the boundaries of the Village of
Livonia so as to protect residential properties, business areas and
other land use, to preserve the overall beauty, nature and character
of the Village 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 Village 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 Village 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 article:
The person or entity filing an application and seeking approval
under this article.
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.
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.
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.
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.
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 Village of Livonia and are specifically
intended to be a prohibited use within the Village of Livonia.
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.
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.
Electrical storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
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:
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 Village 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.
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 electrical energy.
A device that stores energy and makes it available in an
electrical form.
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 Village of Livonia shall
be permitted only as follows:
A.
A building permit issued by the Code Enforcement Officer 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 Code of the Village of Livonia.
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 Village 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 Village.
B.
Tier 2 solar energy systems are permitted as accessory structures
in all zoning districts in the Village.
C.
Tier 3 solar energy systems are prohibited in all zoning districts
in the Village.
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.
A.
Tier 1 solar energy systems shall be permitted in all zoning districts
and shall be exempt from site plan review under the local zoning code
or other land use regulation, subject to the following requirements
for each type of solar energy system:
(1)
Roof-mounted solar energy systems may be attached to any lawfully
permitted building or structure and shall incorporate the following
design requirements:
(a)
Roof-mounted 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.
(b)
Solar panels on pitched roofs shall be mounted with a maximum
distance of 12 inches between the roof surface and the highest edge
of the system.
(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)
Glare: All solar panels shall have antireflective coating(s).
(2)
Building-integrated solar energy systems shall be shown on the
plans submitted for the building permit application for any building
containing such system and shall meet the following requirements:
(a)
Building-mounted solar energy systems shall not be located or
extend more than seven feet from the building wall and in no instance
shall any part of the system extend beyond the roofline or parapet
wall.
B.
Tier 2 solar energy systems shall be permitted in all zoning districts
as accessory structures. Site plan approval is required for Tier 2
solar energy systems to be built or modified for the production of
electricity principally for on-site use for a commercial or industrial
business within the Village of Livonia. All other Tier 2 solar energy
systems, including systems for farm operations, are exempt from site
plan approval.
(1)
Tier 2 solar energy systems shall be subject to the following
requirements:
(a)
Setbacks: Tier 2 solar energy systems shall be subject to the
setback regulations for a building or accessory structures within
the underlying zoning district, whichever setback is greater.
(b)
Location: Tier 2 solar energy systems shall be located in the
side or rear yard of a property. No placement in a front yard shall
be permitted unless the location is a minimum distance of 200 feet
from the road and entirely concealed from view from the road due to
topography or landscape conditions that must be maintained for the
duration of the installation of said system.
(c)
Height: Tier 2 solar energy systems shall not exceed a maximum
height of 15 feet as measured from the highest point of any solar
panel (oriented at maximum tilt) or solar energy equipment to the
ground directly beneath it.
(d)
Glare: All solar panels shall have antireflective coating(s).
(e)
Screening and visibility: All Tier 2 solar energy systems shall
be screened so that the view of such systems is minimized from adjacent
properties to the extent reasonably practicable. Evergreen tree plantings
may be required to screen portions of the site from nearby residential
property, public roads, and from public sites known to contain important
views or vistas, such as gateway entrances to the Village. 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.
(2)
Tier 2 solar energy systems which are a part of a farm operation
as defined by Article 25AA of the New York State Agriculture and Markets
Law shall not be subject to site plan review and shall be subject
to the following requirements:
(a)
Setbacks: Tier 2 solar energy systems shall be subject to the
setback regulations for a building or accessory structures within
the underlying zoning district, whichever setback is greater.
(b)
Height: Tier 2 solar energy systems shall not exceed a maximum
height of 15 feet as measured from the highest point of any solar
panel (oriented at maximum tilt) or solar energy equipment to the
ground directly beneath it.
(c)
Glare: All solar panels shall have antireflective coating(s).
C.
Solar storage batteries. When solar storage batteries are included
as part of any solar energy system, they shall be placed in a secure
container or enclosure meeting the requirements of the New York State
Building Code. Such solar storage batteries shall only be permitted
for purposes of storing energy for use on site and in conjunction
with a permitted solar energy system. Large-scale solar energy storage
systems are not permitted in any zoning district within the Village.
D.
All solar energy systems shall adhere to all applicable federal,
state, county and Village of Livonia codes, laws, regulations and
building, plumbing, electrical and fire codes.
E.
Any solar energy system shall be situated in a location which shall
be readily accessible for all emergency service vehicles and personnel.
F.
All structures and devices used to support solar collectors shall
be nonreflective and/or painted a subtle or earth-tone color.
G.
The design, construction, operation and maintenance of any solar
energy system shall prevent the misdirection and/or reflection of
solar rays onto neighboring properties, public roads and public parks
in excess of that which already exists.
H.
The development and operation of a solar energy system shall not
have a significant adverse impact on fish, wildlife or plant species
or their critical habitats, or other significant habitats identified
by the Village of Livonia or other federal or state regulatory agencies.
I.
Artificial lighting of any solar energy systems shall be limited
to lighting required for safety and operational purposes only, and
shall be shielded from all neighboring properties and public roads
so as to prevent the illumination of adjoining properties or excessive
lighting.
J.
If the use of an approved solar energy system is discontinued, the
owner or operator shall notify the Building Inspector within 30 days
of such discontinuance. If a solar energy system is to be retained
and reused, the owner or operator shall further inform the Building
Inspector of this in writing at such time and obtain any necessary
approvals within one year; otherwise it shall be automatically deemed
abandoned.
A.
Time limit on completion. After the granting of site plan approval
of a ground-mounted solar energy system by the Planning Board, the
building permit shall be obtained within six months and the project
shall be completed within 12 months. If not constructed, the permit
and/or site plan approval shall automatically lapse 12 months after
the date of approval by the Planning Board. A new application will
be subject to ordinary review and approval to obtain a new building
permit.
B.
Inspections. Upon reasonable notice, the Village of Livonia Building
Inspector or his or her designee may enter a lot on which a solar
energy system has been constructed for the purpose of compliance with
any requirements or conditions. Twenty-four hours' advance notice
by telephone to the owner/operator or designated contact person shall
be deemed reasonable notice. Any fee or expense associated with this
inspection shall be borne entirely by the permit holder. Consent to
such inspection shall be deemed given by the applicant upon submission
and granting of a unified solar permit.
C.
General complaint process. During construction; the Village of Livonia
Building Inspector can issue a stop order at any time for any violations
of a site plan or building permit.
D.
Continued operation. A solar energy system shall be maintained in
operational condition at all times, subject to reasonable maintenance
and repair outages. Operational condition includes meeting all approval
requirements and conditions. Further, the Building Inspector shall
also have the right to request documentation from the owner for a
solar energy system regarding the system's usage at any time.
E.
Removal and soil remediation. All ground-mounted solar energy systems
shall be dismantled and removed immediately from a lot where the permit
or approval has been revoked by the Planning Board or the solar energy
system has been deemed by the Code Enforcement Officer to be inoperative
or abandoned for a period of more than 365 days, which said dismantling
and removal shall be at the cost of the solar energy system owner.
Removal of all equipment and infrastructure and remediation of soil
and vegetation in the entire area which supported the installation
shall be required to be returned to its original state (prior to construction),
within 365 days of such revocation of the permit or approval, or after
having been deemed inoperative or abandoned. This work shall be inspected
and approved for satisfactory compliance by the Code Enforcement Officer.
If the solar energy system owner, applicant, successor or landowner
(if different) does not dismantle and remove from the premises said
solar energy system as required, and does not restore and remediate
the soil so as to support vegetation and plant life of the type that
would have been supported on said site prior to the installation of
the solar energy system, the Village Board may, after a hearing at
which the solar energy system owner, applicant, successor or landowner
shall be given an opportunity to be heard and present evidence, dismantle
and remove said facility and/or remediate the site and place the cost
of removal and/or remediation as a tax lien on said parcel, regardless
of whether the owner of the parcel owned or leased the solar energy
system. The Village Board shall also be authorized to maintain an
action at law to compel the solar energy system owner, applicant,
successor or landowner to accomplish such removal and remediation,
but the Board cannot be required to exercise this remedy, which shall
be available to it in its reasonable discretion.
F.
Determination of abandonment or inoperability. A determination of
the abandonment or inoperability of a solar energy system shall be
made by the Code Enforcement Officer, who shall provide the solar
energy system owner, applicant, successor or landowner with written
notice by personal service or certified mail. Any appeal by the solar
energy system owner, applicant, successor or landowner of the Code
Enforcement Officer's determination of abandonment or inoperability
shall be filed with the Joint Zoning Board of Appeals within 30 days
of the Code Enforcement Officer causing personal service or mailing
certified mail his written determination, and the Board shall hold
a hearing on same. The filing of an appeal does not stay the following
time frame unless the Zoning Board of Appeals or a court of competent
jurisdiction grants a stay or reverses said determination. At the
earlier of the 366 days from the date of determination of abandonment
or inoperability without reactivation or upon completion of dismantling
and removal, any approvals for the solar energy system shall automatically
expire.
G.
Application and annual fees.
(1)
Site plan application for ground-mounted solar energy systems.
An applicant shall pay the standard site plan review fee as determined
from time to time by the Village Board, by resolution.
(2)
Fee for issuance of a building permit. In addition to any site
plan application fee, an applicant shall pay a building permit fee
for a:
(a)
Building-mounted, ground-mounted or rooftop-mounted solar energy
system: 0.5% of the project cost, or such other amount as the Village
Board may, from time to time, determine by resolution.
H.
Prior to the issuance of a building permit, the applicant shall document
that all applicable federal, state, county and local permits have
been obtained.
I.
In the context of the requirement of site plan approval, the Planning
Board may:
(1)
For ground-mounted solar energy systems when review is required
by the Board pursuant to this article, grant site plan approval, deny
site plan approval or grant site plan approval with written stated
conditions. Denial of site plan approval shall be by written decision
based upon substantial evidence considered by the Board. Upon issuance
of a site plan approval, the applicant shall obtain a building permit
for the ground-mounted solar energy system.
J.
Any changes or alterations after construction to a ground-mounted
solar energy system shall be done only by amendment to any previously
issued building permit and/or site plan (if required) subject to all
requirements of this Code.
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 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.
