[HISTORY: Adopted by the Board of Trustees of the Village
of Florida 5-3-2023 by L.L. No. 3-2023. Amendments noted where applicable.]
This solar energy systems chapter is adopted to advance and
protect the public health, safety, and welfare of the Village by creating
regulations for the installation and use of solar-energy-generating
systems and equipment, with the following objectives:
A.
To take advantage of a safe, abundant, renewable and non-polluting
energy resource;
B.
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family houses;
C.
To increase employment and business development in the Village, to
the extent reasonably practical, by furthering the installation of
solar energy systems; and
D.
To mitigate the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife,
and other protected resources.
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 on-site consumption.
The cumulative land area occupied during the commercial operation
of the solar energy generating facility. This shall include all areas
and equipment within the facility's perimeter boundary —
including the solar energy system, on-site interconnection equipment,
on-site electrical energy storage equipment, and any other associated
equipment — as well as any site improvements beyond the facility'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
respects.
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 which generates electricity for on-site or
off-site 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 ground-mounted solar energy system that is greater than
4,000 square feet and generates electricity either for on- or off-site
use.
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 on-site
or off-site consumption.
A solar energy system that qualifies as one of the following:
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.
A photovoltaic device capable of collecting and converting
solar energy into electricity.
A.
The requirements of this chapter shall apply to all solar energy
systems permitted, installed, or modified in the Village after the
effective date of this chapter, excluding general maintenance and
repair.
B.
Solar energy systems constructed or installed prior to the effective date of this chapter shall not be required to meet the requirements of this chapter, except as provided in Subsection C below.
C.
Modifications to an existing solar energy system that increase the
facility area by more than 5% of the original facility area (exclusive
of moving any fencing) shall be subject to this chapter.
A.
A building permit shall be required for 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 NYS Licensed Professional Engineer or NYS
Registered Architect.
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 ("Uniform Code"), the NYS Energy Conservation Code ("Energy Code"),
and the Village Code.
E.
To the greatest extent practicable, solar energy systems should not
be located on soils that are designated as prime agricultural soils
or soils of statewide importance.
Small-scale solar energy systems shall be permitted in all zoning
districts, subject to the conditions set forth in this section.
A.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems shall incorporate the following
design requirements:
(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.
(2)
Glare. All solar panels shall have anti-reflective coating(s).
(3)
Height. All roof-mounted solar energy systems shall be subject to
the maximum height regulations specified for principal and accessory
buildings within the underlying zoning district.
B.
Building-integrated solar energy systems.
(1)
Building-integrated solar energy systems shall be shown on the plans
submitted for the building permit application for the building containing
the system.
C.
Ground-mounted solar energy systems.
(1)
Glare. All solar panels shall have anti-reflective coating(s).
(2)
Setbacks and coverage. Small-scale solar energy systems shall be subject to the setback and coverage regulations specified for the accessory structures or buildings within the underlying zoning district as specified in Article III of Chapter 119, Zoning. Ground-mounted solar energy systems shall only be installed in a side yard or rear yard in all districts.
(4)
Lot size. Small-scale solar energy systems shall comply with the
existing lot size requirement specified for accessory structures within
the underlying zoning district as specified in Chapter 119, Table
2, Table of Dimensional Standards.
(5)
Lot coverage. Small-scale solar energy systems shall comply with
the maximum lot coverage requirements in the underlying zoning district
in Chapter 119, Table 2, Table of Dimensional Standards.
(6)
Screening. Small-scale solar energy systems and equipment shall be
sufficiently screened from neighboring properties either through existing
landscape and topography or proposed landscaping, which shall be demonstrated
to the satisfaction of the Code Enforcement Officer through satellite
or site level images. The Code Enforcement Officer may refer the application
to the Architectural Review Board for review.
(7)
Small-scale solar energy systems located on buildings designated
as historic by federal, state or local standards shall be referred
to the Architectural Review Board for review and approval.
(8)
Lot coverage. Small-scale solar energy systems are exempt from the
lot coverage requirements in the underlying zoning district.
Large-scale solar energy systems are permitted through site plan review by the Planning Board and special use permit review by the Village Board, and pursuant to Chapter 119, Attachment 1, Table of District Use Regulations, § 119-33, Site development plans, and § 119-34, Special use permits. In addition to those applicable sections, large-scale solar energy systems shall adhere to the standards and requirements set forth below:
A.
Applicability.
(1)
Large-scale solar energy systems in the RA and RR districts shall
only be permitted on a site where 50% of the facility area contains
existing solar access prior to any land disturbance or tree clearing,
and shall not be permitted where 50% or more of the facility area
contains any or all of the following sensitive areas:
(a)
100-year floodplain;
(b)
Land within a federal- or state-regulated wetland or wetland
adjacent buffer area;
(c)
Land containing slopes 15% or greater;
(d)
Land containing significant or rare natural ecological communities
as designated by the New York State Department of Environmental Conservation;
(e)
Mature forested land, which is defined as a forested area where
the canopy layer is composed of at least 50% of trees having an average
diameter at breast height of 12 inches or greater.
(2)
Large-scale solar energy systems in the GC and IP districts are only
permitted if designed as a canopy over existing impervious surfaces
or parking areas. All other large-scale solar energy systems are prohibited
in the GC and IP districts.
B.
Application and site plan review requirements. Applications shall include the applicable information required for site plan and special use permit review, per §§ 119-33 and 34, and shall include the following, if applicable:
(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
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 the solar
energy system.
(3)
Nameplate capacity of the solar energy system (as expressed in MW).
(4)
Map(s) of MSG 1-4 soils and active agriculture lands on the parcel(s)
comprising the facility area and adjacent parcels.
(5)
Adjacent land uses on contiguous parcels within a certain radius
of the site boundary.
(6)
Proposed changes to the landscape of the site, 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.
(7)
Erosion and sediment control and stormwater management plans prepared
to NYS Department of Environmental Conservation standards, if applicable,
and to such standards as may be established by the Planning Board.
(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 should describe the location and
layout of all battery energy storage system components if applicable
and should include applicable setback and other bulk and area standards.
(9)
A preliminary equipment specification sheet that documents 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 prior to the issuance of building
permit.
(10)
A property operation and maintenance plan that describes continuing
site maintenance, anticipated dual-use, and property upkeep, such
as mowing and trimming.
C.
Special use permit standards.
(1)
Large-scale solar energy systems shall not be constructed on any portion of a lot containing a sensitive area listed in Subsection A(1) above, except that where no practical alternative exists, the Planning Board may allow limited disturbance of such areas to provide vehicular or utility access or the installation of security fencing.
(2)
No more than five acres of forested land, defined as a forested area
where the canopy layer is composed of at least 50% of trees having
an average diameter at breast height of eight inches or greater, may
be cleared in connection with the construction of a large-scale solar
energy system.
(3)
Underground requirements. All utility lines located outside of the
facility area shall 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 with new easements and right-of-way. Pole
interconnections shall be approved by the Planning Board.
(4)
Vehicular paths. Vehicular paths within the facility area shall be
designed in compliance with Uniform Code requirements to ensure emergency
access, while minimizing the extent of impervious materials and soil
compaction.
(5)
Signage.
(a)
No signage or graphic content shall be displayed on the solar
energy systems except the manufacturer's name, equipment specification
information, safety information, and twenty-four-hour emergency contact
information. Said information shall be depicted within an area no
more than eight square feet.
(b)
As required by National Electric Code (NEC), disconnect and
other emergency shutoff information shall be clearly displayed on
a light reflective surface. A clearly visible warning sign concerning
voltage shall be placed at the base of all pad-mounted transformers
and substations.
(c)
Typical signage details and location shall be included on the
site plans.
(d)
Glare. All solar panels shall have anti-reflective coating(s).
(e)
Lighting. Lighting of the solar energy systems shall be limited
to that minimally required for safety and operational purposes and
shall be reasonably shielded and downcast from abutting properties.
(f)
Area and bulk standards.
[1]
RA, RR districts.
[a]
Minimum lot size for large-scale solar energy systems shall
be four acres. The solar energy facility area shall not exceed 20
acres.
[b]
Minimum front yard setback shall be 100 feet.
[c]
Minimum side and rear yard setbacks shall be 75 feet.
[d]
Collection lines, access roads, landscaping and other screening
methods may occur within the required setbacks.
[e]
Maximum height of solar panels shall be 14 feet at maximum tilt.
[3]
Large-scale solar energy system facilities are exempt from lot
coverage requirements of the zoning district but shall not exceed
50% of the total lot area and shall demonstrate compliance with NYS
DEC stormwater management regulations.
(g)
Fencing. All mechanical equipment, including any structure for
battery energy storage system components, shall be enclosed by a seven-foot
high, wildlife friendly fence with a self-locking gate to prevent
unauthorized access.
(h)
Landscaping and screening.
[1]
Appropriate screening shall be provided, as determined by the
Planning Board in its sole direction, to screen the solar energy system
from residential properties, public and private roads and private
rights-of-way to the maximum extent practicable. The applicant shall
provide a visual analysis to the Planning Board using line-of-sight
profiles from public viewing locations determined by the Planning
Board.
[2]
A screening and landscaping plan shall be provided which specifies
the locations, elevations, height, plant species, and/or building
materials and/or grading used to screen and shall indicate areas where
existing topography or vegetation provides the necessary screening.
[3]
Landscape screening shall be comprised of native vegetation,
preferably reflecting a number of species at diverse heights and growth
habits.
[4]
Native perennial vegetation and foraging habitat beneficial
to game birds, songbirds, and pollinators shall be incorporated into
the site plan to the extent practical. Areas under panel and within
the fence line shall be seeded with native seed mix, not including
roadways or utility pads.
[5]
A vegetation management plan shall be provided which details
methods to implement and maintain native vegetation on site. The use
of integrated pest management practices to refrain from/limit pesticide
use (including herbicides) for long-term operation and site maintenance
shall be preferred.
[6]
Any project which is designed to incorporate agricultural or
farm-related activities or uses within the facility area may be excluded
from this requirement based on the amount of space actually occupied
by the agricultural use(s).
(i)
Ownership changes. If the owner or operator of the solar energy
system changes or the owner of the property changes, the special use
permit shall remain in effect, provided that the successor owner or
operator assumes, in writing, all of the obligations of the decommissioning
plan. A new owner or operator of the solar energy system shall notify
the zoning enforcement officer of such change in ownership or operator
within 30 days of the ownership change.
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 Village emergency
service providers.
C.
If a battery energy storage system is included as part of the solar
energy system, they 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 the laws and regulations
of the Village and any applicable federal, state, or county laws or
regulations.
D.
Where deemed necessary by the Planning Board, the applicant shall
ensure emergency access to the facility area for local first responders
by installing an emergency lock box or similar device, in a location
subject to approval by the Village Fire Chief.
A.
A decommissioning plan signed by the owner and/or operator of a large-scale
solar energy system shall be submitted by the applicant. The decommissioning
plan shall address the following:
(1)
The time and methods required to decommission and remove the solar
energy system and any ancillary structures.
(2)
The time and methods required to repair any damage caused to the
property by the installation and removal of the solar energy system.
(3)
The cost of decommissioning and removing the solar energy system,
as well as all necessary site remediation or restoration.
(4)
The method or procedure proposed to decommission and remove the solar
energy system, ancillary structures and remediate and restore the
site to a stable ecological condition.
B.
Decommissioning fund. The owner and/or operator of the large-scale
solar energy system shall continuously maintain a fund or bond payable
acceptable by the Village Attorney and in an amount approved by the
Village Board, for the removal of the large-scale solar energy system
for the period of the life of the facility. This fund may consist
of a letter of credit from a State of New York licensed-financial
institution. All costs of the financial security shall be borne by
the applicant.
C.
Upon cessation of electricity generation of a solar energy system
on a continuous basis for 12 months, the Village may notify and 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.
D.
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Village may, at its discretion, utilize
the bond and/or security for the removal of the solar energy system
and restoration of the site in accordance with the decommissioning
plan.
Any violation of this solar energy chapter shall be subject
to the same enforcement requirements, including the civil and criminal
penalties, provided for in the zoning or land use regulations of the
Village.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision, or phrase of the aforementioned
sections, as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional, shall not affect the validity
or enforceability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and
effect.
