[Added 5-18-2017 by L.L.
No. 4-2017]
Solar energy is an abundant and renewable energy resource and
its conversion to electricity will reduce dependence on nonrenewable
energy resources and decrease the greenhouse gas emissions that result
from the use of conventional energy sources. It is the purpose of
this article to encourage and to promote the safe, effective and efficient
use of installed solar photovoltaic (PV) systems that reduce consumption
of utility-supplied energy while protecting the health, safety and
welfare of adjacent and surrounding land uses and properties. It is
the intent of this law to promote energy efficiency and conservation,
and the use of renewable energy in the Town to support "green" energy-generating
systems; and to support New York State in meeting its renewable energy
goals.
As used in this article, the following terms shall have the
meanings indicated:
A solar PV system that is designed and constructed as an
integral part of a principal or accessory building. Components of
a building-integrated system are designed to replace or substitute
for architectural or structural elements of a building and generally
complement, blend with or form part of a building's architectural
appearance. Such components will generally maintain a uniform plane
with, and/or form a part of the walls, window openings, roofing and/or
other building elements into which they are integrated. Such a system
is used in lieu of a separate solar PV system where components of
the system are designed and attached to a building independent of
building architecture. A building-integrated system may occur within
vertical facades, replacing view glass, spandrel glass or other facade
material; within semitransparent skylight systems; within roofing
systems, replacing traditional roofing materials; or within other
building envelope systems.
A solar PV system that is attached to the roof of a building.
The effect by reflections of light with an intensity sufficient
to cause annoyance, discomfort or loss in visual performance and visibility.
A solar PV system. including its specialized solar racking
or other mounting system, which is installed on the ground and not
attached to any other structure.
A ground-mounted solar PV system that is limited to a system
capacity of 12 kW and generates no more than 110% of the kWh's
of electricity consumed over the previous twelve-month period by the
land use(s) existing on the lot where the system is located. In applying
this standard, electricity consumption shall be determined by submission
of utility bills showing electric usage over said twelve-month period.
A ground-mounted solar PV system that has a system capacity
greater than 12 kW or generates more than 110% of the kWh's of
electricity consumed over the previous twelve-month period by the
land use(s) existing on the lot where the system is located. In applying
this standard, electricity consumption shall be determined by submission
of utility bills showing electric usage over said twelve-month period.
A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. A watt is a metric measurement
of power (not energy) and is the rate (not the duration) at which
electricity is used. 1.000 kW is equal to 1 megawatt (MW).
A unit of energy equivalent to one kilowatt (1 kW) of power
expended for one hour of time.
Notwithstanding the definition of "lot coverage" found elsewhere
in this chapter, for the purpose of this article, "lot coverage" shall
also include the area covered by a solar panel (or physically connected
group of panels) as measured on a horizontal plane projected from
the perimeter of said panel (or group of panels) vertically to the
ground. For panels where the tilt angle is adjusted by week, month,
season or other time period, lot coverage shall be determined by the
tilt angle producing the greatest lot coverage.
A meter used to measure the flow of electricity from the
solar PV system to the electric utility grid for the purposes of net
metering.
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
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 purposes of this chapter.
An arrangement with the electric utility that allows for
the kilowatt hours (kWh) generated from a solar PV system located
at a specific site to be credited towards kWh of consumption at a
different location.
Any number of electrically connected solar photovoltaic (PV)
panels that are connected to the same inverter.
A large, flat piece of equipment containing photovoltaic
cells that use the sun's light or heat to create electricity.
A solar energy collection system consisting of solar photovoltaic
cells, panels and/or arrays and solar-related equipment which relies
upon solar radiation as an energy source for collection, inversion,
storage and distribution of solar energy for electricity generation.
A solar PV system may be building-mounted, ground-mounted or building-integrated
.
A.
By-right solar PV systems. In order to encourage use of solar PV
systems in the Town, the following systems shall be permitted by right
in any zoning district in the Town, provided the system is generating
a minimum of 80% of the electricity for the land use(s) located on
the same lot as the system, and further provided that the system meets
the standards for by-right systems identified in this section. By-right
systems require a building permit.
B.
Standards for by-right systems.
(1)
Accessory use. By-right solar PV systems shall be considered
an accessory use.
(2)
Maximum system size. By-right solar PV systems shall be limited
to a system capacity of 12 kW and generate no more than 110% of the
kWh's of electricity consumed over the previous twelve-month
period by the land use(s) existing on the lot where the system is
located. In applying this standard, electricity consumption shall
be determined by submission of utility bills showing electric usage
over such twelve-month period.
(3)
By-right facilities shall comply with all applicable New York
State Building Codes.
(4)
Building-mounted solar PV systems.
(a)
For a building-mounted system installed on a sloped roof:
(b)
For a building-mounted system installed on a flat roof, the
highest point of the system shall not extend more than five feet above
the height of the roof.
(c)
For a building-mounted system, solar panels shall be set back
no less than three feet from the edge of the roof to allow for fire
access and ventilation. On sloped roofs, this requirement does not
apply along that portion of the bottom edge located more than three
feet from a side edge. In the event New York State shall adopt regulations
that govern the placement of roof-mounted solar panels for fire prevention
purposes, said regulations shall supersede this setback provision.
A.
Solar PV systems requiring a special use permit. Except as provided in § 205-44.3, entitled Facilities permitted by right, no solar PV system shall be constructed or installed without first obtaining a special use permit and site plan approval from the Planning Board. In addition, all solar PV systems shall require a building permit. Solar PV systems requiring a special use permit and site plan approval shall include, but not be limited to:
(1)
Ground-mounted solar PV systems.
(2)
Building-mounted and building-integrated solar PV systems that
have a system capacity greater than 12 kW or generate more than 110%
of the kWh's of electricity consumed over the previous twelve-month
period by the land use(s) existing on the lot where the system is
located. In applying this standard, electricity consumption shall
be determined by submission of utility bills showing electric usage
over said twelve-month period.
(3)
Except as provided in § 205-44.3, regarding facilities permitted by right, solar PV systems, regardless of size, that generate and provide electricity, through a remote net metering agreement or other arrangement, to an off-site user or users located on a lot(s) other than the lot on which the system is located.
(4)
Solar PV systems, regardless of size, mounted on carports or
canopy structures covering parking facilities.
B.
Classification. Solar PV systems requiring a special use permit may
be classified as either an accessory use or a principal use as set
forth below.
(1)
Principal use. A solar PV system constructed on a lot and providing
electricity to an off-site user or users through a remote net metering
agreement or other arrangement shall be considered a principal use.
All ground-mounted solar PV systems that are classified as a principal
use shall adhere to the area, yard and bulk requirements of the zoning
district in which the system is located, unless such regulations are
modified by other provisions of this article.
(2)
Accessory use/accessory structure. A solar PV system shall be
considered an accessory use/accessory structure when generating electricity
for the sole consumption of a principal use(s) or building(s) located
on the same lot as the system. Notwithstanding the location and maximum
coverage provisions for accessory uses/accessory structures found
elsewhere in this chapter, all large-scale ground-mounted solar PV
systems that are classified as an accessory use/accessory structure
shall adhere to the minimum area, yard and bulk requirements for principal
uses within the zoning district in which the system is located, unless
modified herein by other provisions of this article.
C.
Standards for facilities requiring a special use permit.
(1)
Small-scale ground-mounted solar PV systems as accessory use.
Notwithstanding the location and height standards for accessory structures
and accessory uses found elsewhere in this chapter, the following
height, location and minimum yard/setback standards shall apply to
small-scale ground-mounted solar PV systems that are classified as
an accessory use:
(a)
Location. Small-scale ground-mounted solar PV systems may be
located within the side or rear yard. Location in a front yard is
prohibited, including location in any front yard of a corner lot.
(b)
Rear and side yard. Small-scale ground-mounted solar PV systems
shall be permitted in a required minimum side yard or rear yard setback,
provided that such system shall be set back not less than 50 feet
from any rear or side lot line.
(c)
Height. Small-scale ground-mounted solar PV systems shall not
exceed a height of 12 feet.
(d)
Lot coverage. Small-scale ground-mounted solar PV systems shall
comply with the lot coverage requirements as defined in this article.
(2)
Large-scale ground-mounted solar PV systems and ground-mounted
systems classified as a principal use.
(a)
Setbacks. Large-scale ground-mounted solar PV systems are subject
to the minimum yard and setback requirements for the zoning district
in which the system is located. No part of a ground-mounted system
shall extend into the required yards and/or setbacks due to a tracking
system or a short-term or seasonal adjustment in the location, position
or orientation of solar-PV-related equipment or parts.
[1]
Setback to accessory use in a residential district.
If a large-scale ground-mounted solar PV system is located on a lot
that adjoins a residential district, an additional setback shall be
provided between the residential district and all site improvements
associated with the system. The additional setbacks are intended to
provide a visual buffer between the residential district and ground-mounted
system. The additional setback, as well as the minimum setback area,
shall be planted with a mixture of evergreen and deciduous plantings
at a height so as to provide, as much as practicable, a visual screen
of the ground-mounted system from residential uses. The species type,
location and planted height of such landscaping shall be subject to
the approval of the Planning Board.
[a]
Large-scale ground-mounted solar PV systems located
in a residential district shall be set back an additional 120 feet
from the minimum yard setback along all property lines that abut a
lot located in a residential district. This additional setback dimension
shall also apply to the front yard setback when the lot on the opposite
side of the street is located in a residential district.
[b]
Large-scale ground-mounted solar PV systems located
in commercial and mixed-use districts shall be set back an additional
110 feet from the minimum yard setback along all property lines that
abut a lot located in a residential district. This additional setback
dimension shall also apply to the front yard setback when the lot
on the opposite side of the street is located in a residential district.
(b)
Utility connections. Utility lines and connections from a large-scale
ground-mounted solar PV system shall be installed underground, unless
otherwise determined by the Planning Board for reasons that may include
poor soil conditions, topography of the site, and requirements of
the utility provider. Electrical transformers for utility interconnections
may be above ground if required by the utility provider.
(c)
Fences. Notwithstanding the provisions found in this chapter,
fences not exceeding eight feet in height, including open-weave chain-link
fences and solid fences, shall be permitted for the purpose of screening
or enclosing a large-scale ground-mounted solar PV system, regardless
of the district in which the system is located, provided said system
is classified as a principal use for the property on which it is located.
(d)
Height. Large-scale ground-mounted solar PV systems may not
exceed 12 feet in height.
(e)
Minimum lot size. Large-scale ground-mounted solar PV systems
shall adhere to the minimum lot size requirements for the zoning district
in which the system is located, except that for residential districts
the minimum lot size shall be one acre.
(f)
Lot coverage requirements. Large-scale ground-mounted solar
PV systems shall adhere to the maximum lot coverage requirement for
principal uses within the zoning district in which they are located,
but no large-scale ground-mounted solar PV systems shall occupy more
than 30 acres on any lot. The lot coverage of a large-scale ground-mounted
solar PV system shall be calculated based on the definition of "lot
coverage" found in this chapter.
(g)
Location in front yard prohibited. Notwithstanding the requirements
regulating location of accessory structures found elsewhere in this
chapter, large-scale ground-mounted solar PV systems classified as
an accessory use shall be prohibited in a front yard, including location
in any front yard of a corner lot.
(h)
Signs. Large-scale ground-mounted solar PV systems classified
as a principal use shall adhere to the sign requirements for the zoning
district in which they are located.
(i)
Prohibition. No large-scale ground-mounted solar PV systems
shall be permitted in the Ridge Preservation Zoning District.
D.
Building-mounted solar PV systems.
(1)
For a building-mounted system installed on a sloped roof:
(2)
For a building-mounted system installed on a flat roof, the
highest point of the system shall not extend more than five feet above
the height of the roof.
(3)
For a building-mounted system, solar panels shall be set back
no less than three feet from the edge of the roof to allow for fire
access and ventilation. On sloped roofs, this requirement does not
apply along that portion of the bottom edge located more than three
feet from a side edge. In the event New York State shall adopt regulations
that govern the placement of roof-mounted solar panels for fire prevention
purposes, said regulations shall supersede this setback provision.
(4)
Placement on nonconforming buildings. Notwithstanding the area,
lot and bulk requirements of this chapter, building-mounted and building-integrated
solar PV system may be installed:
(a)
On the roof of a nonconforming building that exceeds the maximum
height restriction, provided the building-mounted system does not
extend above the peak or highest point of the roof to which it is
mounted.
(b)
On a building that does not meet the minimum setback or yard
requirements, provided there is no increase in the extent or degree
of nonconformity with said requirement.
(c)
On a building that exceeds the maximum lot coverage requirements,
provided there is no increase in the extent or degree of nonconformity
with said requirement.
E.
Reimbursement for costs of review by Town-designated Engineer.
(1)
The applicant for a special use permit shall be responsible
for reimbursing the Town for the cost of the engineering review by
the Town-designated engineer. The amount of the escrow shall be commensurate
with the scale of the project.
(2)
The Planning Board may use the Town-designated engineer (TDE)
and retain consultants and/or experts necessary to assist the Town
in reviewing and evaluating the application.
(3)
An applicant shall deposit with the Planning Board funds sufficient
to reimburse the Town for all reasonable costs of TDE and consultant
evaluation and consultation in connection with the review of any application.
An initial deposit of $1,500 (the "initial deposit") shall be filed
with the application. The Town will maintain a separate escrow account
for all such funds. The Town's consultants/experts shall invoice
the Town for their services in reviewing the application. If at any
time during the process the escrow account has a balance of less than
$500, the applicant shall immediately, upon notification by the Town,
replenish said escrow account so that it has a balance of at least
$500. Such additional escrow funds shall be deposited with the Town
before any further action or consideration is taken on the application.
In the event that the amount held in escrow by the Town is more than
the amount of the actual invoicing at the conclusion of the project,
the remaining balance shall be promptly refunded to the applicant.
(4)
The total amount of the funds needed as set forth in Subsection E(3) of this section may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification. In the event the Planning Board determines that the initial deposit will be insufficient for review of the application, the Planning Board shall notify the applicant, and the applicant shall supplement the escrow fund within 30 days of notice from the Building Inspector of the estimated amount of the review fees necessary to process the application.
(5)
Notwithstanding anything to the contrary in this section, the
Planning Board may waive, or decrease, the amount of the initial deposit
for small-scale projects.
A.
Applicability and purpose. This section governing abandonment and
decommissioning shall apply to large-scale ground-mounted solar PV
systems with a rated capacity of 200 kW or more, hereinafter referred
to as commercial solar PV systems. It is the purpose of this section
to provide for the safety, health, protection and general welfare
of persons and property in the Town of Greenville by requiring abandoned
commercial solar PV systems to be removed pursuant to a decommissioning
plan. The anticipated useful life of such systems, as well as the
volatility of the recently emerging solar industry where multiple
solar companies have filed for bankruptcy, closed or been acquired,
creates an environment for systems to be abandoned, thereby creating
a negative visual impact on the Town. Abandoned commercial systems
may become unsafe by reason of their energy producing capabilities
and serve as an attractive nuisance.
B.
Abandonment. A commercial solar PV system shall be deemed abandoned
if the system fails to generate and transmit electricity at a rate
of more than 10% of its rated capacity over a continuous period of
one year. A commercial solar PV system also shall be deemed abandoned
if, following site plan approval, initial construction of the system
has commenced and is not completed within 18 months of issuance of
the first building permit for the project.
(1)
Extension of time. The time at which a commercial solar PV system
shall be deemed abandoned may be extended by the Planning Board for
one additional period of one year, provided the system owner presents
to the Board a viable plan outlining the steps and schedules for placing
the system in service or back in service, at no less than 80% of its
rated capacity, within the time period of the extension. An application
for an extension of time shall be made to the Planning Board by the
commercial solar PV system owner prior to abandonment as defined herein.
Extenuating circumstances as to why the commercial solar PV system
has not been operating or why construction has not been completed
may be considered by the Board in determining whether to grant an
extension.
(2)
Removal required. A commercial solar PV system which has been
abandoned shall be decommissioned and removed. The commercial solar
PV system owner and/or owner of the land upon which the system is
located shall be held responsible to physically remove all components
of the system within one year of abandonment. Removal of the commercial
solar PV system shall be in accordance with a decommissioning plan
approved by the Planning Board.
C.
Decommissioning and removal. Decommissioning and removal of a commercial
solar PV system shall consist of:
(1)
Physical removal of all above- and below-ground equipment, structures
and foundations, including but not limited to all solar arrays, buildings,
security barriers, fences, electric transmission lines and components,
roadways and other physical improvements to the site;
(2)
Disposal of all solid and hazardous waste in accordance with
local, state and federal waste disposal regulations;
(3)
Restoration of the ground surface and soil;
(4)
Stabilization and revegetation of the site with native seed
mixes and /or plant species (excluding invasive species) to minimize
erosion.
D.
Upon petition to the Planning Board, the Board may permit the system
owner and/or landowner to leave certain underground or aboveground
improvements in place, provided the owner can show that such improvements
are part of a plan to redevelop the site, are not detrimental to such
redevelopment and do not adversely affect community character or the
environment.
E.
Special use permit conditions. The following conditions shall apply
to all special use permits issued for a commercial solar PV system.
No special use permit shall be issued unless the Planning Board finds
that the conditions have been or will be met.
(1)
Decommissioning plan. All applications for a commercial solar
PV system shall be accompanied by a decommissioning plan to be implemented
upon abandonment and/or in conjunction with removal of the system.
The decommissioning plan shall address those items listed in this
section and shall include:
(a)
An estimate of the anticipated operational life of the system;
(b)
Identification of the party responsible for decommissioning;
(c)
Description of any agreement with the landowner regarding decommissioning;
(d)
A schedule showing the time frame over which decommissioning
will occur and for completion of site restoration work;
(e)
A cost estimate prepared by a qualified professional engineer.
estimating the full cost of decommissioning and removal of the solar
PV system;
(f)
A financial plan to ensure that financial resources will be
available to fully decommission the site.
(2)
Financial surety. Prior to the issuance of a building permit
and every three years thereafter, the commercial solar PV system owner
and/or landowner shall file with the Town evidence of financial security
to provide for the full cost of decommissioning and removal of the
solar PV system in the event the system is not removed by the system
owner and/or landowner.
(a)
Evidence of financial security shall be in effect throughout
the life of the system and shall be in the form of an irrevocable
letter of credit or other security acceptable to the Planning Board.
The irrevocable letter of credit shall include an auto extension provision,
to be issued by an A-rated institution solely for the benefit of the
Town. The Town shall be entitled to draw on the letter of credit in
the event that the commercial solar PV system owner and/or landowner
is unable or unwilling to commence decommissioning activities within
the time periods specified herein. No other parties, including the
owner and/or landowner, shall have the ability to demand payment under
the letter of credit. Upon completion of decommissioning, the owner
and/or landowner may petition the Town to terminate the letter of
credit.
(b)
In the event ownership of the system is transferred to another
party, the new owner (transferee) shall file evidence of financial
security with the Town at the time of transfer, and every three years
thereafter, as provided herein.
(c)
Amount. The amount of the surety shall be determined by the
Town Engineer based upon a current estimate of decommissioning and
removal costs as provided in the decommissioning plan and subsequent
annual reports. The amount of the surety may be adjusted by the Town
upon receipt of an annual report containing an updated cost estimate
for decommissioning and removal.
(3)
Annual report. The commercial solar PV system owner shall, on
a yearly basis, provide the Town Building Inspector a report showing
the rated capacity of the system and the amount of electricity that
was generated by the system and transmitted to the grid over the most
recent twelve-month period. The report shall also identify any change
in ownership of the solar PV system and/or the land upon which the
system is located, and shall identify any change in the party responsible
for decommissioning and removal of the system upon its abandonment.
The annual report shall be submitted no later than 45 days after the
end of the calendar year. Every third year, to coincide with the filing
of evidence of financial security, the annual report shall also include
a recalculation of the estimated full cost of decommissioning and
removal of the commercial solar PV system. The Town may require an
adjustment in the amount of the surety to reflect any changes in the
estimated cost of decommissioning and removal. Failure to submit a
report as required herein shall be considered a violation subject
to the penalties of this article and chapter.
F.
Decommissioning and removal by Town. If the commercial solar PV system
owner and/or landowner fails to decommission and remove an abandoned
facility in accordance with the requirements of this section, the
Town may enter upon the property to decommission and remove the system.
(1)
Procedure. Upon a determination by the Building Inspector that
a commercial solar PV system has been abandoned, the Building Inspector
shall notify the system owner, landowner and permittee, by certified
mail: a) in the case of a facility under construction, to complete
construction and installation of the facility within 180 days; or
b) in the case of a fully constructed facility that is operating at
a rate of less than 10% of its rated capacity, to restore operation
of the facility to no less than 80% of rated capacity within 180 days,
or the Town will deem the system abandoned and commence action to
revoke the special use permit and require removal of the system. Being
so notified, if the system owner, landowner and/or permittee fails
to perform as directed by the Building Inspector within the one-hundred-eighty-day
period, the Building Inspector shall notify the system owner, landowner
and permittee, by certified mail, that the solar PV system has been
deemed abandoned and the Town intends to revoke the special use permit
within 60 days of mailing said notice. The notice shall also state
that the permittee may appeal the Building Inspector's determination
of abandonment to the Planning Board and request a hearing on the
matter. Said appeal and request for hearing must be made and received
by the Town within 20 days of mailing notice. Failure by the permittee
to submit an appeal and request for hearing within the twenty-day
period will result in the special use permit being deemed revoked
as stated herein. In the event the permittee appeals the determination
of the Building Inspector and requests a hearing, the Planning Board
shall schedule and conduct said hearing within 60 days of receiving
the appeal and request. In the event a hearing is held, the Planning
Board shall determine whether the solar PV system has been abandoned,
whether to continue the special use permit with conditions as may
be appropriate to the facts and circumstances presented to the Board.
or whether to revoke the permit and order removal of the solar PV
system. Upon a determination by the Building Inspector or Planning
Board that a special use permit has been revoked, the decommissioning
plan must be implemented and the system removed within one year of
having been deemed abandoned or the Town may cause the removal at
the owner and/or landowner's expense. If the owner and/or landowner
fail to fully implement the decommissioning plan within one year of
abandonment, the Town may collect the required surety and use said
funds to implement the decommissioning plan.
(2)
Removal by Town and reimbursement of Town expenses. Any costs
and expenses incurred by the Town in connection with any proceeding
or work performed by the Town or its representatives to decommission
and remove a commercial solar PV system, including legal costs and
expenses, shall be reimbursed from the financial surety posted by
the system owner or landowner as provided in this section. Any costs
incurred by the Town for decommissioning and removal that are not
paid for or covered by the required surety, including legal costs,
shall be assessed against the property, shall become a lien and tax
upon said property, shall be added to and become part of the taxes
to be levied and assessed thereon, and shall be enforced and collected
with interest by the same officer and in the same manner, by the same
proceedings, at the same time and under the same penalties as are
provided by law for the collection and enforcement of real property
taxes in the Town.
A.
New structures shall be sited to take advantage of solar access insofar
as practical, including the orientation of proposed buildings with
respect to sun angles, the shading and windscreen potential of existing
and proposed vegetation on and off the site, and the impact of solar
access to adjacent uses and properties.
B.
The impact of street trees on the solar access of the surrounding
property shall be minimized to the greatest possible extent in selecting
and locating shade trees. Every effort shall be made to avoid shading
possible locations of solar collectors.
C.
When the Planning Board reviews and acts upon applications for subdivision
approval or site plan approval, it shall take into consideration whether
the proposed construction would block access to sunlight between the
hours of 9:00 a.m. and 3:00 p.m. Eastern standard time for existing
approved solar energy collectors or for solar energy collectors for
which a permit has been issued.
D.
The potential impacts of glare shall be a part of consideration of
all new solar facilities.
E.
The Planning Board may require subdivisions to be platted so as to
preserve or enhance solar access for either passive or active systems,
consistent with the other requirements of the Town Code.
F.
The plan for development of any site within cluster subdivisions
shall be designed and arranged in such a way as to promote solar access
for all dwelling units. Considerations may include the following:
(1)
In order to maximize solar access, the higher-density dwelling
units should be placed on a south-facing slope and lower-density dwelling
units sited on a north-facing slope.
(2)
Subject to the Town's setback requirements, structures
should be sited as close to the north lot line as possible to increase
yard space to the south for reduced shading of the south face of a
structure.
(3)
A tall structure should be sited to the north of a short structure.
A.
General requirements.
(1)
Any owner or developer of a solar energy system as defined in
this article and that meets the requirements of § 487, Subdivision
4, of the Real Property Tax Law of the State of New York shall provide
written notice, via certified mail, return receipt requested, to the
Town Board of the Town Greenville of its intent to construct a solar
energy system.
(2)
The Town Board of the Town of Greenville shall have 60 days
from the receipt of the written notification to notify the owner or
developer of its intent to require a contract for payments in lieu
of taxes (PILOT).
(3)
Each PILOT shall be negotiated on a case-by-case basis between
the owner or developer and the Town Board.
(4)
All PILOT agreements between an owner or developer and the Town
of' Greenville shall adhere to the requirements and restrictions
of § 487 of the Real Property Tax Law of the State of New
York.
B.
Exemptions. The following solar PV systems shall be exempt from the
PILOT requirement:
Where this article differs or conflicts with other laws, rules
and regulations, unless the right to do so is preempted or prohibited
by the county, state or federal government, the more restrictive or
protective law of the Town and the public shall apply.
This article is enacted pursuant to the Municipal Home Rule
Law. This article shall supersede the provisions of Town Law to the
extent it is inconsistent with the same, and to the extent permitted
by the New York State Constitution, the Municipal Home Rule Law, or
any other applicable statute.
