It is the purpose of this regulation to promote the safe and
effective use of installed solar energy systems, while endeavoring
to protect the health, safety and welfare within Town of Clarence.
As used in this chapter, the following terms shall have the
meanings indicated:
AGRICULTURAL OPERATION (CUSTOMARY)
The raising or production for compensation of crops, livestock,
poultry, dairy products, fish or other wildlife, trees and other similar
pursuits. Tree growing and harvesting, animal husbandry, horticulture
operations, forestry operations and the sale, at wholesale or retail,
of farm products upon the premises where the same are grown or produced
shall be considered agriculture operations.
ARRAY
Any number of electrically connected photovoltaic (PV) modules
providing a single electrical output.
CELL
The smallest basic solar electric device which generates
electricity when exposed to light.
GROUND-MOUNTED SYSTEM
A solar photovoltaic system mounted on a structure, pole
or series of poles constructed specifically to support the photovoltaic
system and not attached to any other structure.
MODULE
A module is the smallest protected assembly of interconnected
PV cells.
PHOTOVOLTAIC (PV)
A semiconductor-based device that converts light directly
into electricity.
GLARE
To shine with a harsh, bright light.
GLINT
To shine in small bright flashes.
SOLAR PHOTOVOLTAIC SYSTEM (SPS)
A solar collection system consisting of one or more building-
and/or ground-mounted solar photovoltaic cells, modules, panels or
arrays and solar-related equipment that rely upon solar radiation
as an energy source for collection of solar energy, conversion of
solar energy to electricity, inversion of DC electricity to AC electricity
and storage/distribution of electricity generated by the system.
TRACKING SYSTEM
A number of photovoltaic modules mounted such that they track
the movement of the sun across the sky to maximize energy production,
either with a single-axis or dual-axis mechanism.
QUALIFIED SOLAR INSTALLER
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition. Persons
who are not on NYSERDA's list of eligible installers or NABCEP's list
of certified installers may be deemed to be qualified solar installers
if the Town of Clarence determines such persons have had adequate
training to determine the degree and extent of the hazard and the
personal protective equipment and job planning necessary to perform
the installation safely. Such training shall include the proper use
of special precautionary techniques and personal protective equipment,
as well as the skills and techniques necessary to distinguish exposed
energized parts from other parts of electrical equipment and to determine
the nominal voltage of exposed live parts.
A building permit shall be required for installation of all
building-mounted SPS systems and shall comply with any and all relevant
Town, state and national codes.
Site plan approval and building permit shall be required for
installation of all ground-mounted SPS systems and shall comply with
any and all relevant Town, state and national codes. Except for parcels
engaged in agricultural operations, the SPS will be considered an
accessory use/structure and will require a principal use/structure
on the property; however, the location of the SPS shall meet all applicable
setback requirements as identified for a principal use/structure in
the zoning district in which it is located.
Records of inspections, reports and maintenance activities shall
be provided to the Town of Clarence Building Department within 10
days of written request by the Town of Clarence.
The applicant shall provide the following information regarding
decommissioning of the SPS and restoring the site upon application:
A. The anticipated
life of the SPS;
B. The estimated
decommissioning costs in current dollars;
C. The method
and schedule for updating the costs of decommissioning and restoration;
D. A method
of ensuring that funds will be available for decommissioning and restoration;
E. The anticipated
manner in which the SPS will be decommissioned and the site restored;
and
F. Such other
and reasonable requirements as the Town of Clarence shall require.
All interconnecting cables between the SPS and accessory or
servicing structures shall be installed underground or within the
structure they are mounted upon.
All site plan applications for an SPS shall be submitted to
the office of Planning and Zoning, to include three copies of the
following:
A. Site plan,
elevations and property survey.
B. Engineered
drawings certified by a licensed professional engineer or architect.
C. Aerial
site plan showing relevant utility poles and lines, trees and structures,
names of all adjacent property owners.
D. Manufacturer
information.
E. Completed
building permit application.
F. A maintenance
and removal plan made in writing to the Town of Clarence to include
an agreement by the applicant and/or owner, in writing, to remove
all components of the SPS if such facility becomes nonfunctional or
ceases to be used for its originally intended purpose, as determined
by the Town of Clarence. The maintenance and removal plan shall remain
in force for the life of the SPS.
G. An acceptable
bond and/or surety for the purposes of removing the SPS shall be purchased
and remain in force for the life of the SPS (will be cross referenced
to the decommissioning and restoration section).
Ground-mounted systems are an accessory use, but subject to
setback requirements of a principal structure/use in the zoning district
in which the system is to be constructed. The required setbacks are
measured from the parcel line to the nearest part of the system. No
part of the ground-mounted system shall extend into the required setbacks,
including any movement as a result of a tracking system or other adjustment
of SPS-related equipment or parts.
Ground-mounted systems may not exceed the permitted height of
accessory structures in the zoning district where the SPS system is
to be installed or 16 feet from the ground, whichever is less.
[Added 12-14-2022 by L.L. No. 4-2022]
A. The intent
of this section is to allow the Town of Clarence to opt out of certain
energy systems real property tax exemptions pursuant to Real Property
Tax Law § 487.
B. This section
is enacted pursuant to the Real Property Tax Law of the State of New
York § 487[8](a), as well as the Municipal Home Rule Law
(MHRL) with the procedural provisions of the MRHL controlling.
C. The Town
Board of the Town of Clarence shall not permit any exemption within
its jurisdiction pursuant to § 487 of the Real Property
Tax Law of the State of New York with respect to any solar, wind energy
system, farm waste energy system, micro-hydroelectric energy system,
fuel cell electric generating system, micro-combined heat and power
generating equipment system, electric energy storage equipment or
electric energy storage system, or fuel-flexible linear generator
electric generating system, constructed subsequent to the effective
date of this section.