[HISTORY: Adopted by the Town Board of the Town of Clarence 3-22-2017 by L.L. No. 3-2017. Amendments noted where applicable.]
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.
This chapter seeks to:
A.
Provide
property owners and business owners/operators with guidance and flexibility
in satisfying their energy needs.
B.
Provide
an opportunity for alternative sources of energy within the Town of
Clarence and promote clean energy.
C.
Integrate
solar energy systems seamlessly into the Town of Clarence's neighborhoods
and landscapes without diminishing quality of life in those neighborhoods.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
Any number of electrically connected photovoltaic (PV) modules
providing a single electrical output.
The smallest basic solar electric device which generates
electricity when exposed to light.
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.
A module is the smallest protected assembly of interconnected
PV cells.
A semiconductor-based device that converts light directly
into electricity.
A solar power system in which solar panels are mounted on
top of a structure.
To shine with a harsh, bright light.
To shine in small bright flashes.
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.
Incorporated municipality within the State of New York.
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.
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.
A.
Two types
of SPSs are addressed herein:
(1)
Type
1: A commercial system designed for the generation of power supplied
to the local grid;
(2)
Type
2: A system designed to supply power, no more than 110% of the anticipated
on-site demand, to a single residence or property owner while generating
excess power to the grid on a limited and secondary basis.
B.
SPSs associated
with agricultural operations and supplying a portion of the operation's
electrical needs (not exceeding 110% of the operation's anticipated
demand) shall be considered a Type 2 SPS.
A.
A Type
1 SPS shall only be permitted in the Industrial Business Park Zone.
B.
A Type
2 SPS shall be permitted within all zoning districts, as follows:
(1)
Residential
Single-Family Zoning District under five acres shall not be permitted.
(2)
Residential
Single-Family Zoning District five acres or above shall be permitted.
(3)
Agricultural
Rural Residential and Agricultural Flood Zone Zoning Districts under
five acres shall not be permitted.
(4)
Agricultural
Rural Residential and Agricultural Flood Zone Zoning Districts five
acres or above shall be permitted.
(5)
Industrial
Zoning District shall be permitted.
(6)
Commercial/Restricted
Business/TND/CF Zoning Districts under five acres shall not be permitted.
(7)
Commercial/Restricted
Business/TND/CF Zoning Districts five acres or above shall be permitted.
(8)
Agricultural
operations within an agricultural district and agricultural zoning
district shall be permitted.
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.
A.
If an SPS
poses a safety hazard, as determined by a Clarence Building Code Enforcement
Officer, the owner or operator shall take immediate action to remedy
the hazard. The Building Code Enforcement Officer shall have the authority
to cause the abatement of any hazardous situation.
B.
If the
Town of Clarence determines that the SPS poses a safety hazard, a
notice of violation shall be issued and the SPS shall be made nonoperational
until such hazard has been remedied to the satisfaction of the Town
of Clarence.
C.
If the
SPS has been nonoperational or abandoned for a period of one year
or more, the system shall be removed within 45 days of written notice
from the Town of Clarence to the property owner or operator of the
system.
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.
A.
Building
permit applications shall be accompanied by standard drawings of structural
components of the SPS, including support structures, base and footings.
Drawings shall be stamped and any necessary calculations shall be
certified, in writing, by a New York State licensed professional engineer
or architect, that the system complies with the current New York State
Building Code.
B.
Where
the structural components or installation vary from the standard design
or specification, the proposed modifications shall be certified by
a New York State licensed professional engineer for compliance with
the seismic and structural design provisions of the New York State
Building Code.
A.
Building
permit applications shall be accompanied by a line drawing identifying
the electrical components of the SPS to be installed in sufficient
detail to allow for a determination that the manner of installation
conforms to the electrical code.
B.
The application
shall include a statement from a New York State licensed professional
engineer or architect indicating that the electrical system conforms
to sound engineering practices and complies with the National Electrical
Code (NEC). This certification would normally be supplied by the manufacturer.
All equipment and materials shall be used or installed in accordance
with such drawings and diagrams.
C.
Where
the electrical components of an installation vary from the standard
design or specifications, the proposed modifications shall be reviewed
and certified by a New York State licensed professional engineer for
compliance with the requirements of the NEC and sound engineering
practices.
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.
A.
The SPS
system must be designed and constructed to comply with the New York
State Building and Electrical Codes, as amended, and any additional
electrical and safety regulations adopted by the State of New York.
B.
All systems
must be installed by a qualified solar installer as defined by this
chapter.
C.
All wiring
must be designed and installed to comply with the National Electrical
Code (NEC).
D.
The SPS
system must be designed and constructed to comply with the most recent
fire code as amended and adopted by the State of New York.
E.
The SPS
shall be properly maintained and be kept free from hazards, including,
but not limited to, faulty wiring, loose fastenings, and creation
of an unsafe condition or detriment to public health, safety or general
welfare. (Will be cross referenced to the maintenance and repair records
section.)[1]
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.
A.
Ground-mounted
systems are required to submit a screening and landscaping plan, stamped
and signed by a New York State licensed landscape architect, showing
adequate measures to screen through landscaping, grading or other
means so that the solar panels and other equipment's visibility is
minimized from roadways and neighboring properties. The screening
and landscaping plan shall include the locations, elevations, height,
plant species, and/or materials that will comprise the structures,
landscaping and/or grading used to screen and/or mitigate any adverse
aesthetic effects of the system.
B.
A detailed
safety plan specifying the measures that will be used to prevent public
access to unsafe areas and to provide for emergency response, including
but not limited to the location, height, materials, and colors of
fencing and other barriers to access and a safety signage plan that
contains the locations, sizes and text of signs that will be used
to warn the public away from unsafe areas and that shall include the
name and phone number of an official of the owner or operator who
can be contacted in the event there is an emergency or any question
about safety.
C.
Documentation
shall be provided to identify that no element of the system shall
reflect glint or glare (as defined by the FAA).
A.
The surface
area of any ground-mounted system, regardless of the mounted angle
of any portion of the system, is considered a pervious surface and
shall not be calculated as part of the property lot coverage limitations
for the zoning district.
B.
If the
ground-mounted system is mounted above existing impervious surface,
it shall not be calculated as an additional part of the property lot
coverage limitations for the zoning district. Footers and other hard
surfaces placed underneath racking and mounting systems are considered
impervious and count towards impervious surface calculations.
A.
No signage
or graphic content may be displayed on the SPS system except the manufacturer's
badge, safety information and equipment specification information.
Said information shall be depicted within an area no more than 36
square inches in size.
B.
Disconnect
and other emergency shutoff information will be clearly displayed
at/on the meter location for emergency personnel.
C.
Twenty-four-hour
emergency contact information will be clearly displayed on side of
structure.
D.
Systems
and sites may not be used for displaying advertising except for reasonable
identification of the owner/operator and shall comply with all signage
restrictions.
[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.
