[HISTORY: Adopted by the Board of Trustees of the Village
of Medina as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-27-2017 by L.L. No. 1-2017]
The intentions of this article are to protect the health, safety
and welfare of the Village of Medina by reducing greenhouse gas emissions,
supporting distributed energy generation and encouraging economic
development.
As used in this article, the following terms shall have the
meanings indicated:
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, electricity or other
forms of energy on site and that may be attached to or separate from
the principal structure.
The incorporation of photovoltaic (PV) material into a building's
envelope. Technologies include PV shingles or tiles, PV laminates,
and PV glass. Examples of placement include vertical facades, semi-transparent
skylights, awnings, fixed awnings and roofs.
Installation of solar energy systems that are owned collectively
through a homeowner's association, "adopt-a-solar-panel" program
or similar arrangements.
A continuous source of excessive brightness, relative to
diffused lighting. This is not a direct reflection of the sun, rather
a reflection of the bright light around the sun. Glare is significantly
less intense than glint.
A momentary flash of light that may be produced as a direct
reflection of the sun on a solar collection system.
A solar energy system that is anchored to the ground and
attached to a pole or similar mounting system, and detached from any
other structure.
An area of land or other area used for a solar collection
system principally used to capture solar energy and convert it to
electrical energy to transfer to the public electric grid in order
to sell electricity or to receive a credit from a public utility entity,
but also may be for on-site use. Solar farm facilities consist of
one or more free standing ground-mounted or roof-mounted solar collector
devices, solar energy equipment and other accessory structures and
buildings, including light reflectors, concentrators, and heat exchangers,
substations, electrical infrastructure, transmission lines and other
appurtenant structures and facilities.
A solar photovoltaic cell, panel, array, solar hot air or
water collector device, which relies upon solar radiation as an energy
source for collection, inversion, storage, and distribution of solar
energy for electrical generation or transfer of stored heat, secondary
to the use of the premises for other lawful purposes, with a total
surface area of all solar collectors on the lot not to exceed 2,000
square feet. Minor solar collection systems may consist of building-integrated
photovoltaics, ground-mounted or roof-mounted solar collector devices.
A solar panel(s) located on a roof of a permitted principal
use or accessory structure.
Space that is open to the sun and clear of overhangs or shade.
Structures constructed on private property will not infringe on the
rights of adjacent properties.
Energy storage devices, material, hardware, or electrical
equipment and conduit associated with the production of electrical
energy.
A device capable of collecting and converting solar energy
into electrical energy.
A.
The requirements of this section shall apply to all solar energy
systems installed or modified after the effective date of this article,
excluding general maintenance and repair.
B.
All solar energy systems shall be designed, erected, and installed
in accordance with all the applicable codes, regulations, and industry
standards as referenced in the New York State Building Code and the
Village of Medina Code.
C.
Nothing contained in this provision shall be construed to prohibit
"collective solar'' installations or the sale of excess
power through a "net billing" arrangement in accordance with New York
State Public Service Law § 66-j or similar New York State
or federal laws or regulations.
A.
Rooftop and building-mounted solar collectors are permitted as accessory
structures in all zoning districts in the Village of Medina, subject
to the following requirements:
(1)
A building permit has been obtained for the installation of the solar
equipment.
(2)
Solar energy equipment shall be installed inside walls and attic
spaces to reduce their visual impact. If solar energy equipment is
visible from a public right-of-way, it shall match the color scheme
of the underlying structure.
(3)
Panels facing the front yard must be mounted at the same angle as
the roof's surface with a maximum distance of 18 inches between the
roof and the highest edge of the system.
(4)
Solar panels affixed to a flat roof shall be placed below the line
of sight from a public right-of-way.
(5)
In order to ensure firefighter and other emergency responder safety,
except in the case of accessory buildings fewer than 1,000 square
feet in area, there shall be a minimum perimeter area around the edge
of the roof and structurally supported pathways to provide space on
the roof for walking around all rooftop solar systems in compliance
with all applicable New York State Codes.
(6)
Rooftop and building-mounted solar collectors shall not obstruct
solar access to adjacent properties.
B.
Ground-mounted and freestanding solar collectors are permitted as
accessory structures in all zoning districts of the Village of Medina
subject to the following requirements:
(1)
Solar collectors shall be installed in side and rear yards only and
shall meet all applicable setback requirements of the zone in which
they are located.
(2)
If the side and rear yard is visible from adjacent properties and
roads, a landscape buffer shall be installed.
(3)
The height of the solar collectors and any mounts shall not exceed
the height restrictions of the zone when oriented at maximum tilt
and are graduated based on the following requirements:
|
Ground-Mounted Height and Setback Requirements
| ||
|---|---|---|
|
Setback (feet)
|
Permissible Height (feet)
| |
|
6 to 10
|
6
| |
|
11 to 15
|
12
| |
|
15 or greater
|
15
| |
(4)
The total surface area of all solar collectors on the lot shall not
exceed 2;000 square feet and when combined with all other buildings
and structures on the lot shall not exceed fifty-percent lot coverage.
(5)
A building permit has been obtained for the installation.
(6)
Solar collectors and other facilities shall be designed and located
in order to prevent reflective glare or glint toward any inhabited
buildings on adjacent properties or onto roads.
(7)
Ground-mounted and freestanding solar collectors shall not obstruct
solar access to adjacent properties.
(8)
A lot must have a minimum area of 20,000 square feet in order for
a ground-mounted or freestanding solar collector to be permitted.
C.
Building-integrated photovoltaic (BIPV) systems: BIPV systems are
permitted in all zoning districts and shall be shown on plans submitted
for the building permit application for the building containing the
system.
D.
Where site plan approval is required elsewhere in the regulations
of the Village of Medina for development or activity, the site plan
review shall include review of the adequacy, location, arrangement,
size design, and general site compatibility of proposed solar collectors.
E.
All solar collector installations must be performed in accordance
with the applicable electrical and building codes, the manufacturer's
installation instructions, and industry standards. Prior to operation,
the electrical connections must be inspected by an appropriate electrical
inspection person or agency, as determined by the Village. of Medina.
In addition, any connection to the public utility grid must be inspected
by the appropriate public utility.
F.
When solar storage batteries are included as part of the solar collector
system, they must be placed in a secure container or enclosure meeting
the requirements of the New York State Building Code when in use and
when no longer in use shall be disposed of in accordance with the
laws and regulations of Orleans County and other applicable laws and
regulations.
G.
If a solar collector ceases to perform its originally intended function
for more than 12 consecutive months, the property owner shall remove
the collector, mount and associated equipment and facilities no later
than 90 days after the end of the twelve-month period.
A.
Major systems or solar farms are permitted on sites zoned for Industrial
and Light Industrial use on lots with a minimum size of no less than
five acres after a site plan review, the issuance of a special use
permit and approval from the Village of Medina Planning Board. Where
applicable, and unless more restrictive regulations also apply, the
requirements of the previous sections of this article shall apply
to solar collectors and installations for major systems or solar farms.
Such installations must also meet the criteria set forth below and
obtain all other necessary approvals.
B.
Areas of potential sensitivity:
(1)
One-hundred-year flood hazard area as demarcated on the FEMA Flood
Maps.
(2)
Historic and/or culturally significant resources as designated either
at the local, state or federal level.
(3)
Within 100 feet of a New York State wetland.
(4)
Land in an Agricultural District and/or prime farm land. Applicants
shall to the extent practicable site major systems on lands considered
to be marginal. If not practicable, the burden of proof shall fall
on the applicant.
(5)
Any other areas so deemed by the Village of Medina Planning Board.
C.
A major system or a solar farm may be permitted in the Light Industrial
or Industrial districts in the Village of Medina when authorized by
site plan review and special use permit subject to the following conditions:
(1)
The total coverage of all buildings and structures on a lot, including
freestanding solar panels, shall not exceed 50%.
(2)
The maximum height for freestanding solar panels on the ground or
attached to a framework located on the ground shall not exceed 15
feet above the ground.
(3)
The minimum setback from property lines shall be 25 feet.
(4)
A landscaping buffer shall be provided around all equipment and solar
collectors to provide screening from adjacent residential properties
and roads. The nature and extent of the buffer shall be determined
by the Village of Medina Planning Board consulting with the Village
of Medina Tree Board.
D.
Design standards:
(1)
Removal of trees and other existing vegetation should be minimized
or offset with planting elsewhere on the property.
(2)
Removal of any prime agricultural soil from any subject parcel is
prohibited.
(3)
Proposed major solar systems shall not negatively impact the viability
of prime agricultural soils on the site.
(4)
Roadways within the site shall not be constructed of impervious materials
and shall be designed to minimize the extent of roadway construction
and soil compaction.
(5)
All on-site utility and transmission lines shall be placed underground.
(6)
Solar collectors and other facilities shall be designed and located
in order to prevent reflective glare and/or glint toward any inhabited
buildings on adjacent properties and roads.
(7)
All mechanical equipment, including any structure for batteries or
storage cells, shall be enclosed by a minimum six-foot-high fence
with a self-locking gate and provided with landscape screening. The
nature and extent of the screening shall be determined by the Village
of Medina Planning Board consulting with the Village of Medina Tree
Board.
(8)
Major systems or solar farms shall not obstruct solar access to adjacent
properties.
E.
Signs:
(1)
A sign, not to exceed eight square feet, shall be displayed on or
near the main access point and shall list the facility name, owner
and phone number.
(2)
A clearly visible warning sign, not to exceed four square feet, concerning
voltage must be placed at the base of all pad-mounted transformers
and substations.
F.
Abandonment:
(1)
All applications for a solar farm shall be accompanied by a decommissioning
plan to be implemented upon abandonment, or cessation of activity,
or in conjunction with removal of the facility.
(2)
If the applicant begins but does not complete construction of the
project within 18 months after having received final site plan approval,
this may be deemed abandonment of the project and require implementation
of the decommissioning plan.
(3)
The decommissioning plan must ensure the site will be restored to
a useful, nonhazardous condition without delay, including, but not
limited to the following:
(4)
In the event the facility is not completely functioning within 18
months of the issuance of the final site plan approval, the Village
of Medina may notify the operator and/or the owner to complete construction
and installation of the facility within 180 days. If the operator
and/or owner fail to comply, the Village of Medina may notify the
operator and/or owner to implement the decommissioning plan. The decommissioning
plan must be completed within 180 days of notification by the Village
of Medina.
(5)
Upon cessation of activity of a constructed facility for a period
of one year, the Village of Medina shall notify the operator and/or
owner of the facility to implement the decommissioning plan. Within
180 days of notice being served, the operator and/or owner can either
restore operation equal to 80% of the approved capacity or implement
the decommissioning plan.
(6)
If the operator and/or owner fails to fully implement the decommissioning
plan within the time period of 180 days, the Village of Medina may,
at its discretion, provide for the restoration of the site in accordance
with the decommissioning plan and may recover all expenses incurred
for such activities from the defaulter operator and/or owner. The
cost incurred by the Village of Medina shall be assessed against the
property, shall become a lien and tax upon the property, and shall
be enforced and collected with interest by the same officer and in
the same manner as other taxes.
A.
Verification of utility notification. Any foreseeable infrastructure
upgrades shall be documented and submitted. Off-grid systems are exempt
from this requirement.
B.
Name, address, and contact information of the applicant, property
owner(s), and agent submitting the project.
C.
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.
D.
Site plan: Site plan approval is required.
E.
Drawings signed by a professional engineer or registered architect
of the solar installation showing the layout of the system.
F.
Equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems,
and inverters that are to be installed.
G.
Property operation and maintenance plan: A property operation and
maintenance plan is required, describing continuing photovoltaic maintenance
and property upkeep, such as mowing, trimming, etc.
A.
Roof-mounted systems, ground-mounted systems, and BIPV systems are
permitted by special use permit on accessory structures that do not
contribute to the historic significance of the site. A historic structure
shall be considered any structure with a local, state, or federal
designation.
B.
Solar panels shall not alter a historic site's character defining
features, or be placed within view of a public right-of-way.
C.
All modifications to a historic site must be entirely reversible,
allowing alterations to be removed or undone to reveal the original
appearance of the site.
D.
Exposed solar energy equipment must be consistent with the color
scheme of the underlying structure.
E.
Solar panels shall be placed flush to the roof's surface to reduce
their visual impact.
F.
BIPV shall take into account the existing design elements which complement
the styles and materials of the building.
G.
Ground-mounted systems shall be screened from the public right-of-way
by fencing or vegetation of suitable scale for the district and setting.
H.
Setback, height, and lot coverage: reference to § 117-4, regarding solar as a permitted accessory use/structure.
I.
The issuance of a certificate of appropriateness is required by the
Historic Preservation Review Board for ground-mounted systems, BIPV,
and all historic structures.
