[Adopted 11-7-2024 by L.L. No. 6-2024]
[1]
Editor's Note: Former Art. VII, Restricted Uses, was repealed 3-16-2006 by L.L. No. 4-2006. For provisions regarding the uses which were formerly restricted by this article, see § 138-4, Definitions, and § 138-63.3, Adult uses, nightclubs, pawnshops, pool or billiard halls and tattoo parlors.
Battery energy storage systems shall be subject to the following requirements:
A. 
Battery energy storage systems must provide energy solely to the property on which the system is located.
B. 
A building permit and an electrical permit shall be required for the installation of all battery energy storage systems.
C. 
Building-mounted and ground-mounted Tier 1 battery energy storage systems shall be permitted in all zoning districts as an accessory use, subject to the Uniform Code, and exempt from site plan review.
D. 
All battery energy storage systems shall be affixed with a sign clearly indicating the location of the power cut switch.
E. 
Building mounted Tier 1 battery energy storage systems are subject to the following requirements:
(1) 
Building-mounted Tier 1 battery energy storage systems shall not be located within any attic, basement, or living space. They are permitted within an attached or detached garage, or on an exterior wall.
(2) 
Interior building-mounted Tier 1 battery energy storage systems shall be mounted on a wall with floor to ceiling fireproofing, such as sheetrock that has a minimum thickness of 5/8 inches.
(3) 
Building-mounted Tier 1 battery energy storage systems shall be located within a water and fireproof container with ventilation.
(4) 
The space in which the building-mounted Tier 1 battery energy storage system is located shall be serviced with a hard-wired smoke detector that is connected to a monitored alarm system.
F. 
Ground-mounted Tier 1 battery energy storage systems are subject to the following requirements:
(1) 
The height of the ground-mounted Tier 1 battery energy storage system and any mounts shall not exceed 15 feet.
(2) 
The total footprint of the ground-mounted Tier 1 battery energy storage system shall not exceed 5% of the lot coverage.
(3) 
Location in a front yard is prohibited. All systems must be located in a side or rear yard.
(4) 
The ground-mounted Tier 1 battery energy storage system shall comply with the minimum setbacks for accessory structures applicable to the zoning district in which the system is sited.
(5) 
The system shall be screened from adjacent residences through the use of architectural features, earth berms, landscaping, or other screening to limit visibility from off-site locations.
(6) 
The ground-mounted Tier 1 battery energy storage system shall be located inside a fireproof metal cabinet that is situated a minimum of two feet from the nearest habitable structure and shall not be located under the eaves of any structures.
G. 
Where site plan review is otherwise required, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of any proposed ground-mounted Tier 1 battery energy storage system.
[Added 9-25-2025 by L.L. No. 6-2025[1]]
Solar energy systems shall be subject to the following requirements:
A. 
General requirements.
(1) 
A building permit shall be required for installation of all solar energy systems.
(2) 
Properties designated as a historic site, historic district, or scenic and historic route shall be referred to the Historic Sites Commission for a certificate of appropriateness in accordance with Chapter 83 of the Town Code prior to the issuance of a building permit.
(3) 
Town approval authorities are encouraged to take into consideration the availability of unobstructed sunlight on sites adjacent to solar energy systems so as to protect access to sufficient sunlight to remain functional over time.
(4) 
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, the NYS Energy Conservation Code, and the Town of Southeast Code.
(5) 
Solar energy systems shall be maintained in good working order and in accordance with industry standards.
B. 
Tier 1 solar energy systems. All Tier 1 solar energy systems shall be permitted in all zoning districts as an accessory use, and shall be exempt from site plan review, subject to the following requirements:
(1) 
Dimensions. All Tier 1 solar energy systems shall be subject to the dimensional requirements of the underlying zoning district.
(2) 
Glare. All solar panels shall have anti-reflective coating(s).
(3) 
Roof-mounted solar energy systems shall incorporate the following design requirements. Exceptions may be approved by the Town of Southeast Architecture Review Board:
(a) 
Solar panels on pitched roofs shall be mounted with a maximum distance of eight inches between the roof surface 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.
(e) 
If solar exposure options exist, solar panels should not be placed on the front street-facing portion of the roof.
(f) 
Solar panel groups shall be arranged or oriented in the same direction.
(g) 
The colors of solar panels and frames should not contrast and should reasonably match the color of the roof.
(h) 
Except for the solar panels, all associated equipment, including but not limited to controls, energy storage devices, heat pumps, or other hardware necessary to convert solar radiation into electricity, shall be screened from view.
(4) 
Building-integrated solar energy systems shall comply with the following requirements:
(a) 
Building-integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the system.
(b) 
All equipment associated with building-integrated solar energy systems, including but not limited to controls, energy storage devices, heat pumps, or other hardware or equipment, shall be located within the principal or accessory structure it serves.
C. 
Tier 2 solar energy systems. All Tier 2 solar energy systems shall be subject to site plan approval and shall adhere to the following standards and requirements:
(1) 
Setbacks.
(a) 
In commercial zoning districts, Tier 2 solar energy systems shall be subject to the minimum yard regulations specified for the underlying zoning district. Ground-mounted solar energy systems are not permitted within the required minimum setbacks from residential zoning districts or environmental conservation buffers.
(b) 
In residential zoning districts, Tier 2 solar energy systems shall be subject to the minimum setback regulations for accessory structures specified for the underlying zoning district.
(2) 
Height. Tier 2 solar energy systems shall be subject to the height limitations specified for structures within the underlying zoning district.
(3) 
Lot coverage and open space. Tier 2 solar energy systems shall be subject to the lot coverage and open space requirements of the underlying zoning district.
(4) 
Glare. All solar panels shall have anti-reflective coating(s).
(5) 
Screening and visibility.
(a) 
All Tier 2 solar energy systems shall incorporate screening such as landscaping, berms, and architectural features to minimize views from adjacent properties to the extent reasonably practicable.
(b) 
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.
(6) 
Environmental resources.
(a) 
To the extent feasible, Tier 2 solar energy systems should be located within existing areas of impervious surface, such as parking lots.
(b) 
Tree-cutting. Removal of existing trees larger than six inches in diameter at breast height should be minimized to the extent possible.
(c) 
To the extent practicable, Tier 2 solar energy system owners shall utilize and maintain native perennial vegetation to provide foraging habitat for pollinators in all appropriate areas within the facility area.
[1]
Editor's Note: This local law also amended the title of this Art. VII from "Battery Energy Storage System Regulations" to its current title.