This chapter shall be referred to as "Local Law #4 of 2025 Amending Chapter 105 to the Albion Town Code Concerning Solar Energy Systems and Solar Energy Farms."
[HISTORY: Adopted by the Town Board of the Town of Albion 10-2-2017 by L.L. No. 3-2017; amended in its entirety 12-22-2025 by L.L. No. 2-2026. Subsequent amendments noted where applicable.]
The Town of Albion (hereinafter referred to as Albion) finds that solar energy, as properly regulated, is clean, readily available and a renewable energy source beneficial to Albion, its residents and the general public. Among other things, solar energy can potentially take advantage of a safe, abundant, renewable and nonpolluting energy resource and can also decrease the cost of energy to commercial and residential properties. Solar energy can increase employment and business development in Albion by furthering the installation of solar energy systems and solar energy farms. Albion finds a growing need to properly site and regulate Solar Energy Systems and Solar Energy Farms within Albion to protect residential, commercial, business and other areas or land uses, to preserve the overall beauty, nature and character of Albion to promote the effective and efficient use of solar energy resources and to protect the health, safety and general welfare of the citizens of Albion. Solar Energy Systems and/or Solar Energy Farms deplete land available for other uses, introduce industrial usage into other nonindustrial areas and can potentially pose environmental challenges. Solar Energy Systems and/or Solar Energy Farms need to be regulated for removal when no longer utilized and/or useful in order to prevent environmental problems and/or abandonment of industrial properties and/or such Solar Energy Systems and/or Solar Energy Farms.
As used in this chapter, the following terms shall have the meanings indicated hereinbelow:
A Solar Energy System that has not produced electrical energy for 12 months and must be removed from the property.
The person or entity submitting an application and seeking an approval under this Article the owner of a Solar Energy System or a proposed Solar Energy System project; the operator of Solar Energy System or a proposed Solar Energy System project; any person acting on behalf of an Application, Solar Energy System or proposed Solar Energy System. Whenever the term "applicant" or "owner" or "operator" are used in this Article, said term shall include any person acting as an application, owner or operator of such Solar Energy System.
A combination of photovoltaic building components integrated into any building envelope system such as vertical facades including glass and other facade material, semitransparent sky light systems, roofing materials and shading over windows.
Any Solar Energy System that is affixed to the side (2) or rear of a building or than structure either directly or by means of support structures of other mounting devices, intended to produce energy for onsite consumption or credit for onsite consumption for a building, single-family residence, multi-family residence, business or form, 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 on which the Solar Energy System is built to either of the following, at the landowner's (either the initial landowner or it's heirs, successors or assigns) sole option: (i) the condition such lands were in prior to the development, construction and operation of the Solar Energy System, including but not limited to restoration, regarding, and reseeding, or (ii) the condition designed by landowner (either the initial landowner or it's heirs, successors or assigns) and the Town. 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 Article.
A written Agreement between applicant, initial landowner and Town that sets forth the obligation of the applicant and/or the initial landowner to property decommission the Solar Energy System if the use of such system is discontinued, abandoned or becomes inoperable.
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 exists solely to support the Solar Energy System with the primary purpose of producing electricity for onsite consumption.
A Solar Energy System that is ground-mounted and produces energy primarily for the purpose of onsite usage or consumption not to exceed 15 kilowatts (kw) direct current (dc) or more when operating at maximum efficiency.
A Plan that specifices key system operating parameters and limits, maintenance procedures and schedules, and documentation methods necessary to demonstrate proper operation and maintenance of an approved Solar Energy System.
An Agreement between the owner/operation and the Town that sets standards and rules regarding road use for contractors completing approved projects with the area that the municipality covers.
A Solar Energy System mounted on the roof of any legally permitted building or structure and wholly contained with the limits of the roof surface, intended to produce energy for onsite consumption or for onsite consumption for a building, single-family residence, multi-family residence, business of farm.
Electrical energy storage devised, material, hardware, inverters or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.
An electrical generating system composed of a combination of both solar panels and solar energy equipment.
The use of land where a series of one or more solar collectors are placed in an area on a parcel of land for the purpose of generating photovoltaic power and said series of one or more solar collectors placed in an area on a parcel of land collectively has nameplate generation capacity of at least 15 kilowatts (kw) direct current (dc) or more when operating at maximum efficiency, for the purpose of offsite sale, usage and/or consumption. The term Solar Farm shall not be construed to include, so as to prohibit, or have the effect of prohibiting, the installation of a solar collector that gathers solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating or generating electricity for a residential property. The term Solar Farm shall also not be construed in such a way as to prohibit the installation or mounting of a series of one or more solar collectors upon the roofs of residential and/or commercial structures regardless of whether said series of one or more solar collectors collectively has a total nameplate generation of at least 15 kilowatts (kw) direct current (dc) or more when operating at maximum efficiency.
A photovoltaic device capable of collecting and converting solar energy into electrical energy.
A.
The requirements of this chapter shall apply to all Solar Energy Systems and/or Solar Energy Farms proposed, installed, operated, maintained, modified or constructed in Albion after the effective date, excluding general maintenance and repair and/or building-integrated photovoltaic systems, with the proviso that same comport with any and all noise and glare regulations contained in the Albion Town Code currently or in the future.
B.
Solar Energy Systems constructed or installed prior to the effective date of this law shall not be required to meet the requirements of this chapter.
C.
Modifications to an existing Solar Energy System that increase that Solar Energy System capacity by more than 5% of the original area of the Solar Energy System (exclusive of moving an fence) shall be subject to this law unless there is no change to the footprint of the Solar Energy System. Otherwise, any footprint change will require an amended site plan.
D.
All Solar Energy Systems shall be designed, erected and installed in accordance with all applicable codes, regulations and industry standards as referred to New York State Uniform Fire Prevent and Building Code (hereinafter referred to as the Building Code), the New York State Energy Conservation Code (hereinafter referred to as the Energy Code) and/or the Albion Town Code.
A.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems that use the electricity onsite or offsite are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure.
(2)
Height. Solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located and are provided with the same height exemptions granted to building-mounted mechanical devices or equipment.
(3)
Roof-mounted Solar Energy Systems design standards. Roof-mounted Solar Energy Systems installations shall comply with the following design criteria:
(a)
Aesthetics. Roof-mounted Solar Energy System installations shall incorporate, when feasible, the following design requirements: Panels facing the front yard must be mounted at the same angle as the roofs surface with a maximum distance of 18 inches between the roof and highest edge of the system.
(b)
No part of a 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 may require, as his/her sole discretion, a minimum three-foot wide center walkway for safe access purposes.
(c)
Roof-mounted Solar Energy Systems that use the energy onsite shall be exempt from site plan review under the local zoning code or other land use regulations. Roof- mounted installations can be installed in all properties regardless of zoning subject to applicable permit requirements to do so and applicable New York State Building Codes.
B.
Ground-mounted solar energy systems.
(1)
Ground-mounted Solar Energy Systems that use the electricity primarily onsite are permitted as accessory structures in Albion.
(2)
Height and setback. Ground-mounted Solar Energy Systems shall adhere to the setback requirements of the underlying zoning district. All ground-mounted panels shall not exceed 15 feet in height.
(3)
Lot coverage. Ground-mounted Solar Energy Systems ground coverage shall not exceed the allowable total surface or area coverage for accessory buildings or structures within the zoning district in which it is located and in no event shall the combination of all accessory buildings and structures located on the premises exceed 20% coverage of the entire area of such parcel. For purposes of this provision, coverage shall be calculated based upon the total surface area of the solar panels at minimum tilt.
(4)
All such systems are permitted in agricultural, commercial or industrial zones only (and not in residential zones) and shall be installed on the side or rear portion of the subject property. Any request to install a ground-mounted Solar Energy System on property zoned residential and/or property contained in a agricultural farm district must either be done by an appropriate application to the zoning and/or planning board(s).
A.
Large-scale Solar Energy Systems are permitted in all zoning districts, except the Canal Overlay District, Flood Hazard Overlay Zone. Large-scale Solar Energy Systems are permitted through approval by Albion, subject to the requirements set forth in this section, including site plan approval. Applications for the installation of a large-scale Solar Energy System are to be initiated and processed by the Albion Town Planning Board. Thereafter, after appropriate review by said Board, appropriate review action, approval, conditional approval and/or denial can be made.
B.
Application requirements. For any application, same is to include the following provisions:
(1)
If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.
(2)
Blueprints showing the layout of the Solar Energy System signed by a professional engineer or registered architect shall be required.
(3)
The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems and inverters that are to be installed.
(4)
Property operations and maintenance plan. Such plan shall describe continuing photovoltaic maintenance property upkeep such as mowing and trimming.
C.
Application standards.
(1)
Height and setback. Large-scale Solar Energy Systems shall adhere to the setback requirements of the underlying zoning district as follows herein. Any large-scale Solar Energy Systems that are ground-mounted shall not exceed a height of 15 feet. The retail business/commercial and/or recreational front setback shall be 75 feet, the rear setback shall be 25 feet and the side setback shall be 25 feet. The residential and light industrial front setbacks shall be 100 feet, the rear and side setbacks shall be 200 feet when abutting residential property and shall be 100 feet when abutting business commercial zones.
(2)
Lot size. Large-scale Solar Energy Systems shall be located on lots with a minimum lot size of five acres.
(3)
Lot coverage. Large-scale systems that are ground-mounted shall not exceed 25% of the lot which it is installed. For the purposes of this provision, coverage shall be calculated by all ground surface areas within the perimeter fencing. In addition to roadways, landscaping, utilities, that may be located outside of the perimeter fencing. For solar racking system only, coverage shall be calculated based upon the total surface area of the solar panels at minimum tilt.
(4)
Fencing. It shall be to the discretion of the Planning Board whether perimeter fencing will be required. If required, warning signs with the owner's contact information shall be placed on the entrance of the perimeter fencing. The type of fencing shall be determined by the Planning Board and Code Enforcement Officer. The fencing and the system may be further screed by any landscaping needed to avoid adverse aesthetic impacts.
(5)
All applications shall meet any substantive provisions contained in local site plan requirements in the zoning code that, in the judgment of Albion, are applicable to the system being proposed.
(6)
Albion may impose conditions on its approval of any special use permit in order to enforce the standards referred to herein or in order to discharge its obligations under the State Environment Quality Review Act (SEQRA).
A.
Solar Farms are permitted only in the Agricultural/Residential District (A/r), Light Industrial District (LI) and Planned Industrial/Commercial Development District and are subject to the requirements set forth in this Section, including site plan approval and are allowed only after the issuance of a special use permit. Applications for the installation of a Solar Farm shall be reviewed by the Code Enforcement Officer and referred, with comments, to the Town of Albion Falls Planning Board (for site plan and special use permit) for their review and action, which can include approval, approval on conditions, or denial.
B.
The requirements of this section are established for the purpose of allowing the development of Solar Farms in Albion and to provide standards for the placement, design, construction, operation, monitoring, modification and removal of these systems.
C.
The term "Solar Farm" shall not be construed to include, so as to prohibit, or have the effect of prohibiting, the installation of a solar collector that gathers solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating or generating electricity for a residential property. The term "Solar Farm" shall also not be construed in such a way as to prohibit the installation or mounting of a series of one or more solar collectors upon the roofs of residential and/or commercial structures regardless of whether said series of one or more solar collectors collectively has a total nameplate generation of at least 15 kilowatts (kw) direct current (dc) or more when operating at maximum efficiency.
D.
The following application information is required:
(1)
Blueprints or drawings of the solar photovoltaic installation signed by a licensed professional engineer showing the proposed layout of the system and any potential shading from nearby structures.
(2)
Proposed changes to the landscape of site, grading vegetation clearing and planting, exterior lighting, screening vegetation or structures. Additionally, any vegetation clearing can or may be considered to be a negative impact for SEQRA purposes depending upon the scope of same.
(3)
A description of the Solar Farm facility and the technical, economic and other reasons for the proposed location and design shall be prepared and signed by a licensed Professional Engineer that the Solar Farm complies with all applicable Federal and State standards.
(4)
One or three phase line electrical diagram detailing the Solar Farm layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over-current devices.
(5)
Documentation of the major system components to be used, including the PV panels, mounting system and inverter.
(6)
An operation and maintenance plan which shall include measures for maintaining safe access to the installation, storm water controls, as well as general procedures for operational maintenance of the installation.
(7)
Information on noise, (inverter) and reflectivity/glare of solar panels and identify potential impacts to abuttors.
(8)
If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements shall be submitted.
E.
In addition to any site plan approval required by the Albion Planning Board herein, a Special Use Permit is required for a solar farm. The development shall conform to the following standards which shall be regarded as minimum requirements.
(1)
Height. Solar Farms 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.
(2)
Solar Farms of at least 15 (kw) shall be on a parcel of not less than 10 acres.
(3)
Lot/parcel coverage. Solar Farms shall not exceed 25% of coverage on parcels that are 40 acres or more in size. On parcels that are less than 40 acres in size, Solar Farms coverage shall not exceed 60% of the total parcel size. For the purposes of this provision, coverage shall be calculated by all ground surface areas within the perimeter fencing. In addition to roadways, landscaping, utilities, that may be located outside of the perimeter fencing.
(4)
Solar Farms shall adhere to the height and setback requirements of the underlying zoning district except as follows herein. Any Solar Farm that ground-mounted shall not exceed a height of 15 feet. The retail business/commercial and/or recreational front setback shall be 75 feet, the rear setback shall be 25 feet and the side setback shall be 25 feet. The residential and light industrial front setback shall be 100 feet, the rear and side setback shall be 200 feet when abutting residential property and shall be 100 feet when abutting business/commercial zones.
(5)
All mechanical equipment on a Solar Farm, including any structure for batteries or storage cells, are completely enclosed by a minimum seven-foot high fence with a self-locking gate.
(6)
The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent properties.
(7)
Because of neighborhood characteristics and topography, Albion shall examine the proposed location on a case by case basis. Ensuring the potential impact to its residents, business or traffic are not a detriment.
(8)
All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings, as well as streets and rights-of-way.
(9)
All onsite utility and transmission lines are, to the extent feasible, placed underground.
(10)
The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
(11)
The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties.
(12)
All Solar Energy System components shall conform with the setback requirements set forth in the Albion Town Code for the particular district.
(13)
Solar modular panels shall not contain hazardous materials.
(14)
All appurtenant structures including but not limited to equipment shelters, storage facilities, transformers and substations shall be architecturally compatible with each other and shall be screened from the view of persons not on the parcel.
(15)
Lighting of "Solar Farms" shall be consistent with all State and Federal law. Lighting of appurtenant structures shall be limited to that required for safety and operational purposes and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.
(16)
There shall be no signs except announcement signs, such as "no trespassing" signs or any signs required to warn of danger. A sign is required that identifies the owner and operator with an emergency telephone number where the owner and operator can be reached on a 24-hour basis. Any signage, laws, regulations and/or ordinances, including the National Electrical Code and/or Emergency Services, shall prevail over the requirements contained in the previous two sentences of this subparagraph in the event that a conflict between arises.
(17)
There shall be a minimum of one parking space to be used in connection with the maintenance of the solar photovoltaic facility and the site. However, it shall not be used for the permanent storage of vehicles.
F.
The following additional conditions shall apply to solar farms:
(1)
The Solar Farm owner or operator shall provide a copy of the project summary, electrical schematic and site plan to the local fire chief. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the Solar Farm facility shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries through the life of the installation.
(2)
No solar farm shall be approved or constructed until evidence has been given to Albion that the utility company operating the electrical grid where the installation is to be located has authorized the interconnected customer-owner generator.
(3)
A Solar Farm owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs and integrity of security measures. Site access shall be maintained to a level acceptable to the local fire chief and emergency medical services. The owner or operator shall be responsible for the cost of maintaining the solar farm and any access road(s), unless accepted as a public way.
A.
Any large scale Solar Energy Systems and/or Solar Energy Farms are considered abandoned after six months without electrical energy generation and must be removed from the property by applicant, the lessees and/or any successors in interest. Applications for extensions subsequent to such an abandonment as described in the previous sentence can be reviewed by the Planning Board for a period of up to six months after such abandonment.
B.
All applications for any large scale Solar Energy System and/or Solar Energy Farm shall include and be accompanied by a decommissioning plan to be implemented upon abandonment and/or in conjunction with the removal of same and shall:
(1)
Include the identities of the landowner, the applicant, the lessees and/or any successors in interest including the name(s), mailing address(es), telephone number(s), emailing address(es) and written lease(s). At the time of Decommissioning Plan approval by the Planning Board, the Decommissioning Plan document is to be executed by the Planning Board Chairperson, the landowner(s), the applicant(s), the lessees and/or any successors in interest acknowledging their approval and consent to same. In the event the applicant intends to sell, transfer, convey or assign the solar facility to any third party and/or successor in interest, including any affiliate of the applicant, the applicant shall make an application (and pay any applicable fees) at least 60 days in advance before any such contemplated sale, transfer, conveyance or assignment and no such sale, transfer, conveyance or assignment shall take place unless and until approved by the Planning Board. Any such third party and/or successor in interest to the applicant shall assume the rights and obligations under the Decommissioning Plan by written acknowledgement of same, the wording of which shall be prepared and/or approved by the Planning Board and thereafter be considered the applicant following the date of any such sale, transfer, conveyance or assignment. As stated hereinabove, the Planning Board shall grant written approval of any such third party or successor in interest prior to same occurring and any such third party, successor in interest and landlord(s) shall execute the Decommissioning Plan.
(2)
Demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction.
(3)
Include an expected timeline for execution and completion.
(4)
Include a cost estimate detailing the projected expense of executing the Decommissioning Plan to be prepared by a professional engineer or registered architect.
(5)
Obligate the owner, operator and/or successors in interest to remove any ground mounted solar collectors which have reached the end of their useful life or have been abandoned, they shall physically remove the installation no more than six months after the date of discontinued operations and they shall notify Albion by certified mail of the proposed date of discontinued operations and plans for removal.
(6)
An obligation to physical removal of all ground-mounted solar collectors, structures, equipment, security barriers and transmission lines from the site.
(7)
Include an obligation to dispose of all solid and hazardous waste in accordance with local, state and federal waste disposal regulations.
C.
Absent notice of a proposed date of decommissioning and written notice of extenuating circumstances, any large scale Solar Energy System and/or any Solar Energy Farm shall be considered abandoned when it fails to operate (as set forth hereinabove) for more than six months without the written consent of the Planning Board. If the owner or operator of any large scale Solar Energy System and/or any Solar Energy Farm fails to remove the installation in accordance with the requirements of this section within six months of abandonment or the proposed date of decommissioning. Albion may enter the property and physically remove the installation upon application to a Court of appropriate jurisdiction to obtain access to said property for that purpose.
D.
The Decommissioning Plan shall contain a requirement that the landowner, the applicant, lessees and/or any successors in interest provide financial security, the form and character of which is in the sole discretion of the Board. Financial security shall be in the form of a bond, surety bond, financial deposit, undertaking, financial escrow and/or other financial security, the amount of which is to be determined by and at the sole discretion of said Board, the spirit and intent of same to ensure that sufficient funds are available to remove the installation and restore landscaping consistent with the best interest of the landowner and/or Albion in the event the applicant fails to comply with decommissioning obligations with same to be annually reviewed for financial sufficiency (with any decision relating to continued financial sufficiency also to be in the sole discretion of said Board). The annual review process shall include providing financial documentation, financial statements or any other information requested. The involvement of any third party or successor in interest as described herein above shall immediately and automatically trigger the review process set forth in this subparagraph. The financial security shall be provided prior to issuance of any Special Use Permit and any final Site Plan Approval by the Planning Board. Albion shall hold the financial security in the form, character and amount mandated by the Board until such time as abandonment occurs, or if the project should not proceed for any reason prior to the start of construction and, if so, all unused portions of said financial security shall be released back to the applicant (with any accrued interest if applicable) and approval of the project shall be automatically rescinded.
E.
A copy of the Decommissioning Plan shall be filed in the Orleans County Clerk's Office in the register of deeds and indexed by the landowner's name upon approval of same.
Any violation of this chapter shall be subject to the same civil and criminal penalties provided for in the Albion Town Code, including any applicable zoning regulations, and/or the Laws of the State of New York.
If any clause, sentence, paragraph, subdivision, section or part of this chapter, or the application thereof to any person, individual, firm or corporation, or circumstance, shall be adjudged by any Court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this chapter, or in its application to the person, individual, firm or corporation, or circumstance, directly involved in the controversy in which said order or judgment shall be rendered.
This chapter shall take effect upon the date it is filed in the Office of the New York State Secretary of State in accordance with the Municipal Home Rule Law § 27.