This chapter is adopted pursuant to Sections 261-263 of the Town Law and Section 20 of the Municipal Home Rule Law of the State of New York, which authorize the Town to adopt zoning provisions that advance and protect the health, safety and welfare of the community, and, in accordance with the Town Law of the State of New York, to make provision, so far as conditions may permit, for the accommodation of solar energy systems (defined below) and equipment and access to sunlight necessary therefor.
[HISTORY: Adopted by the Town Board of the Town Mamaroneck 4-2-2025 by L.L. No. 2-2025. Amendments noted where applicable.]
This chapter is adopted for two purposes:
A.
First, to advance and protect the public health, safety, and welfare of the Town by creating regulations for the installation and use of solar energy generating systems and equipment, with the following objectives:
(1)
To take advantage of sunlight, a safe, abundant, renewable and non-polluting energy resource;
(2)
To decrease the cost of electricity to the owners of residential and commercial properties, including single-family houses;
(3)
To increase employment and business development in the Town, to the extent reasonably practical, by furthering the installation of solar energy systems;
(4)
To mitigate the impacts of solar energy systems on environmental resources such as trees, wetlands, wildlife, and other protected resources; and
(5)
To create synergy between the use of solar energy and other goals of the Town's Comprehensive Plan adopted on May 22, 2024; and
B.
Second, regulate the construction and location of solar energy systems so that the installation of such systems will not have an unduly negative impact on the character of the Town.
As used in this chapter, the following terms shall have the meanings indicated, unless the context otherwise requires:
One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time. A stand-alone 12-volt car battery or an electric motor vehicle shall not be deemed battery energy storage systems.
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 onsite consumption.
The cumulative land area occupied for the operation of a solar energy generating facility. This shall include all areas and equipment within the facility area's perimeter boundary - including the solar energy system, onsite interconnection equipment, onsite electrical energy storage equipment, and any other associated equipment - as well as any site improvements beyond the facility area's perimeter boundary such as access roads, permanent parking areas, or other permanent improvements. The facility area shall not include site improvements established for impact mitigation purposes, including but not limited to vegetative buffers and landscaping features.
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 respect.
A solar energy system which is secured to the ground via a pole, ballast system, or other mounting system, is detached from any other structure, and generates electricity for onsite or offsite consumption.
A unit of power equal to 1,000 watts. The nameplate capacity of residential and commercial solar energy systems may be described in terms of kW.
A unit of power equal to 1,000 kW. The nameplate capacity of larger solar energy systems may be described in terms of MW.
A solar energy system's maximum electric power output under optimal operating conditions. Nameplate capacity may be expressed in terms of alternating current (AC) or direct current (DC).
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 NYS Department of Environmental Conservation.
Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.
A solar energy system located on the roof of any legally permitted building or structure that produces electricity for onsite or offsite 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, energy storage devices, or other electrical and photovoltaic equipment associated with the production and storage 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. Solar energy systems are classified as follows.
Tier 2 solar energy systems are ground-mounted solar energy systems with a nameplate capacity of more than 25 kW AC but no more than 1 MW AC and which generate no more than 110% of the electricity consumed on the site over the previous 12 months.
Tier 3 solar energy systems are:
Ground-mounted solar energy systems with a nameplate capacity of more than 25 kW AC but no more than 1 MW AC and which generate 110% or more of the electricity consumed on the site over the previous 12 months; or
Ground-mounted solar energy systems with a nameplate capacity of more than 1 MW AC but no more than 5 MW AC.
Tier 4 solar energy systems are solar energy systems which do not meet the definition of a Tier 1, Tier 2, or Tier 3 solar energy system.
A photovoltaic device capable of collecting and converting solar energy into electricity.
A.
Solar energy systems constructed or installed prior to the effective date of this chapter shall not be required to meet its requirements.
B.
Modifications to a solar energy system constructed or installed prior to the effective date of this chapter that increases the facility area by more than 5% of the original facility area shall be subject to this chapter. Additional area enclosed due to the relocation of fencing shall not be included when calculating an increase in the size of a facility area.
A.
A building permit shall be required for the installation of all solar energy systems.
B.
Prior to the issuance of the building permit or final approval by the Planning Board, construction and/or site plan documents must be signed and stamped by a New York State licensed professional engineer or registered architect.
C.
Wherever feasible, the Town Board, the Planning Board and the Board of Appeals may, and are encouraged to, condition approval of proposed developments on sites adjacent to solar energy systems in a manner that will protect access by such solar energy system to sufficient sunlight to remain economically feasible over time.
D.
Issuance of approvals by the Planning Board shall include review pursuant to the State Environmental Quality Review Act [ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 ("SEQRA")].
E.
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 ("Uniform Code"), the NYS Energy Conservation Code ("Energy Code"), and the Town Code.
The solar energy systems described in this section are Tier 1 solar energy systems. Tier 1 solar energy systems are permitted accessory buildings in all zoning districts and shall be exempt from site plan review but shall be subject to the following conditions:
A.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems shall incorporate, when feasible, the following design requirements (exceptions may be approved by the Building Inspector or the Director of Building Code Enforcement and Land Use Administration):
(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, shall be installed parallel to the roof surface on which they are mounted or attached and shall not extend higher than the highest point of the roof surface on which they are mounted or attached.
(b)
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.
(c)
To reduce glare, all solar panels shall have anti-reflective coating(s).
(d)
All roof-mounted solar energy systems must satisfy the height limitations specified for principal and accessory buildings within the zoning district in which the property is located.
(2)
Roof-mounted solar energy systems shall be exempt from lot coverage requirements.
B.
Building-integrated solar energy systems shall be shown on the plans submitted with the building permit application for the building containing the system.
C.
Ground-mounted solar energy systems.
(1)
Ground-mounted solar energy systems must satisfy the setback requirements and the height limitations for accessory buildings within the zoning district in which the property is located.
(2)
In residential districts, ground-mounted solar energy systems shall be installed only in rear yards.
(3)
To reduce glare, all solar panels shall have anti-reflective coating(s).
D.
All Tier 1 solar energy systems shall be installed or erected in such a way as to minimize their appearance from adjacent properties to the extent reasonably practicable.
E.
Solar energy equipment shall be located to the extent reasonably practicable to avoid and/or minimize blocking the views of surrounding properties and shading of properties lying to the north, while still providing adequate solar access.
Tier 2 solar energy systems are permitted accessory buildings in all zoning districts, shall be exempt from lot coverage requirements but shall be subject to site plan approval. Tier 2 solar energy systems shall adhere to the same standards and requirements for Tier 1 ground-mounted systems in § 181-6.
A.
In addition to the requirements for submitting an application for site plan approval or residential site plan approval, applications for site plan approval of Tier 2 solar energy systems shall include the following:
(1)
Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the Tier 2 solar energy system. Such information of the final system installer shall be submitted to the building department prior to the issuance of building permit.
(2)
Name, address, contact information, 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 a Tier 2 solar energy system.
(3)
Nameplate capacity of the solar energy system (as expressed in kW or MW).
(4)
Zoning district designation of the facility area.
(5)
Property lines and physical features, including roads, of the facility area.
(6)
Uses of the parcels that are contiguous to the facility area.
(7)
Proposed changes to the landscape of the facility area, including site grading, vegetation clearing and planting, the removal of any large trees, access roads, exterior lighting, signage, fencing, landscaping, and screening vegetation or structures.
(8)
A one- or three-line electrical diagram detailing the entire solar energy system layout, including the number of solar panels in each ground-mount array, solar collector installation, associated components, inverters, electrical interconnection methods, and utility meter, with all National Electrical Code compliant disconnects and over current devices. The diagram must describe the location and layout of all battery energy storage system components if applicable and include applicable setback and other bulk and area standards.
(9)
A preliminary equipment specification sheet that identifies all proposed solar panels, system components, mounting systems, racking system details, and inverters that are to be installed. A final equipment specification sheet shall be submitted to the building department prior to the issuance of a building permit.
(10)
The FEMA designation of the facility area.
B.
Tier 2 systems shall adhere to the following standards.
(1)
Tier 2 solar energy systems shall be located to the extent reasonably practicable to avoid and/or minimize blocking the views of surrounding properties and screened 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.
(2)
Removal of existing trees larger than six inches in diameter at breast height should be minimized to the extent possible. The Planning Board may authorize the removal of more trees than Chapter 207 otherwise would allow or require that the number of replacement trees to be planted on site be less than Chapter 207 otherwise would allow if the applicant demonstrates to the satisfaction of the Planning Board that such variation from Chapter 207 is necessary in order for the Tier 2 solar energy system to perform properly. If fewer than the required number of replacement trees are planted on site, the applicant will make payment to the tree planting fund calculated in accordance with § 207-9A.
(3)
To the extent practicable, native perennial vegetation shall be planted and maintained to provide foraging habitat for pollinators in all appropriate areas within the facility area and integrated pest management practices shall be utilized to limit pesticide use (including herbicides) for long-term operation and site maintenance.
Tier 3 solar energy systems are permitted uses in the following zoning districts only: R-30, R-50, R-TA, B-R, SB-R, B-MUB and R but shall be subject to site plan approval.
A.
In addition to the requirements for submitting an application for site plan approval or residential site plan approval, applications for site plan approval of Tier 3 solar energy systems shall include the following:
(1)
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 to the building department prior to the issuance of building permit.
(2)
Name, address, contact information, 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 a Tier 3 solar energy system.
(3)
Nameplate capacity of the solar energy system (as expressed in MW).
(4)
Zoning district designation of the facility area.
(5)
Property lines and physical features, including roads, of the facility area.
(6)
Uses of the parcels that are contiguous to the facility area.
(7)
Proposed changes to the landscape of the facility area, including site grading, vegetation clearing and planting, the removal of any large trees, access roads, exterior lighting, signage, fencing, landscaping, and screening vegetation or structures.
(8)
A one- or three-line electrical diagram detailing the entire solar energy system layout, including the number of solar panels in each ground-mount array, solar collector installation, associated components, inverters, electrical interconnection methods, and utility meter, with all National Electrical Code compliant disconnects and over current devices. The diagram must describe the location and layout of all battery energy storage system components if applicable and include applicable setback and other bulk and area standards.
(9)
A preliminary equipment specification sheet that identifies all proposed solar panels, system components, mounting systems, racking system details, and inverters that are to be installed. A final equipment specification sheet shall be submitted to the building department prior to the issuance of a building permit.
(10)
The FEMA designation of the facility area.
(11)
Erosion and sediment control and stormwater management plans prepared in accordance with the provisions of Chapter 95 of the Code.
(12)
A property operation and maintenance plan that describes continuing site maintenance, anticipated dual-use, and property upkeep, such as mowing and trimming.
(13)
Decommissioning Plan [see Appendix 1[1]] signed by the owner and/or operator of the solar energy system that addresses the following:
(a)
The time required to decommission and remove the solar energy system and any ancillary structures.
(b)
The time required to repair any damage caused to the facility area by the installation and removal of the solar energy system.
(c)
The cost of decommissioning and removing the solar energy system, as well as all necessary site remediation or restoration.
[1]
Editor's Note: Appendix 1 is included as an attachment to this chapter.
If the owner or operator of a solar energy system changes or there is a change in ownership of the facility area, the site plan approval shall remain in effect, provided that the successor owner or operator assumes in writing all obligations of the decommissioning plan. A new owner or operator of a solar energy system shall notify the building department of such change in ownership or operator within 30 days of the ownership change.
B.
Prior to the issuance of a building permit, a decommissioning security deposit shall be made with the Town Clerk in the form of cash, bond, or other form of security reasonably acceptable to the Attorney for the Town in an amount sufficient to ensure the good faith performance of the terms and conditions of the site plan approval.
C.
The amount of the bond or security shall be 115% of the cost of removal and site restoration for the Tier 3 solar energy system and shall be reviewed every 5 years and updated as needed to reflect any changes (due to inflation or other cost changes). The decommissioning amount shall be reduced by the amount of the estimated salvage value of the solar energy system. The Building Inspector, the Town Engineer or the Director of Buildings and Land Use Administration may require an estimate of such costs signed and sealed by an engineer licensed by the State of New York. The decommissioning security deposit shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed.
D.
The Planning Board may issue site plan approval for a Tier 3 solar energy system only after it finds that all the following standards and conditions have been satisfied:
(1)
All utility lines located outside of the facility area are designed to 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 right-of-way.
(2)
Vehicular paths within the facility area are designed in compliance with Uniform Code requirements to ensure emergency access, while minimizing the extent of impervious materials and soil compaction.
E.
No signage or graphic content shall be displayed on the solar energy systems except the manufacturer's name, equipment specification information, safety information, and 24-hour emergency contact information. Such information shall be depicted within an area that is no more than eight square feet in size.
F.
Disconnect and other emergency shutoff information shall be displayed clearly on a light reflective surface in a manner that complies with the National Electric Code (NEC). A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
G.
All solar panels shall have anti-reflective coating(s).
H.
Lighting of Tier 3 solar energy systems shall be limited to what is minimally needed for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.
I.
The property on which a Tier 3 solar energy system is proposed shall meet the minimum lot size requirements of the zoning district in which the property is located.
J.
A Tier 3 solar energy system shall comply with the setback and lot coverage requirements for principal structures in the zoning district in which the property is located. Fencing, collection lines, access roads and landscaping may occur within such setbacks.
K.
All mechanical equipment, including any structure for battery energy storage system components, shall be enclosed by a 7-foot-high fence with a self-locking gate to prevent unauthorized access.
L.
A Tier 3 solar energy system on a parcel less than 10 acres shall be located to the extent reasonably practicable to avoid and/or minimize blocking the views of surrounding properties and screened 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.
M.
A Tier 3 solar energy system on a parcel 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)
Submit a screening and landscaping plan that shows measures to screen views of solar panels and solar energy equipment from public roadways and adjacent properties to the extent reasonably practical through landscaping, grading, or other means.
(a)
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, following the applicable rules and standards established by the Town.
(b)
The Planning Board may elect to waive certain screening and landscaping requirements in select locations based on an applicant's demonstration of non-impact or impact mitigation on adjacent parcels.
N.
Removal of existing trees larger than six inches in diameter at breast height should be minimized to the extent possible. The Planning Board may authorize the removal of more trees than Chapter 207 otherwise would allow or require that the number of replacement trees to be planted on site be less than Chapter 207 otherwise would allow if the applicant demonstrates to the satisfaction of the Planning Board that such variation from Chapter 207 is necessary in order for the Tier 3 solar energy system to perform properly. If fewer than the required number of replacement trees are planted on site, the applicant will make payment to the Tree Planting Fund calculated in accordance with § 207-9A.
O.
Owners of a Tier 3 solar energy system 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 and seed all appropriate areas within the facility area.
P.
To the extent practicable, native perennial vegetation shall be planted and maintained to provide foraging habitat for pollinators in all appropriate areas within the facility area and integrated pest management practices shall be utilized to limit pesticide use (including herbicides) for long-term operation and site maintenance.
Q.
A Tier 3 solar energy system may not exceed 15 feet in height.
All Tier 4 solar energy systems are permitted uses in the following zoning districts only: LI and R and are subject to the site plan approval.
A.
In addition to the requirements for submitting an application for site plan approval, applications for site plan approval of a Tier 4 solar energy system shall follow the same application procedure as for a Tier 3 solar energy system.
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 Town of Mamaroneck Fire Department and, if a Tier 3 or a Tier 4 solar energy system is located in an ambulance district, the Town of Mamaroneck Ambulance District.
C.
If a battery energy storage system is included as part of the solar energy system, it 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 all applicable laws and regulations.
A.
Site plan approval for a solar energy system shall expire if a building permit therefor is not obtained within 36 months after the approval is given. If a building permit is obtained within 36 months after the approval is given but construction is not completed within 12 months after the building permit is issued, the applicant shall be allowed to request two six-month extensions to complete construction. Approval of a request to extend the time to complete construction shall not be unreasonably withheld. If the owner and/or operator fails to perform substantial construction before the building permit or the last extension thereof expires, the site plan approval shall expire.
B.
If a solar energy system ceases to generate electricity on a continuous basis for 12 consecutive months, the Town may instruct the owner and/or operator of the solar energy system to implement the decommissioning plan. The decommissioning plan must be completed within 12 months of notification.
C.
If the owner and/or operator fails to comply with decommissioning after being instructed to do so, the Town may utilize the decommissioning security deposit to remove the solar energy system and restore the facility area in accordance with the decommissioning plan.
Any violation of this chapter shall be subject to the same enforcement procedures, including the civil penalties, provided for violating the Town's zoning or land use laws.