[HISTORY: Adopted by the Town Board of the Town of Sweden 2-12-2019 by L.L. No. 1-2019[1]; amended in its entirety 11-30-2021 by L.L. No. 8-2021. Subsequent amendments
noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 174,
Solar Energy Systems and Solar Energy Farms, adopted 9-12-2017 by
L.L. No. 6-2017.
This chapter shall be referred to as "Local Law 8 of 2021, Amending Chapter 174 to the Sweden Town Code Concerning Solar Energy Systems."
This chapter is adopted pursuant to the legislative authority
in Municipal Home Rule Law § 10, Town Law § 261
through § 264, General Municipal Law § 96-a and
§ 119-dd and Public Service Law Article 10.
The Town of Sweden (hereinafter referred to as "Sweden") finds
that solar energy, as properly regulated, is clean, readily available
and a renewable energy source beneficial to Sweden, its residents
and the general public. Among other things, solar energy can potentially
take advantage of a safe, abundant, renewable and nonpolluting energy
resource and can also decrease the cost of energy to commercial and
residential properties. Sweden encourages the use of community choice
aggregation to partner with community solar projects as a means to
provide the benefits of solar energy directly to residents. Solar
energy can increase employment and business development in Sweden
by furthering the installation of solar energy systems and solar energy
farms. Sweden finds a growing need to properly site and regulate solar
energy systems and solar energy farms within Sweden to protect residential,
commercial, business and other areas or land uses, to preserve the
overall beauty, nature and character of Sweden, to promote the effective
and efficient use of solar energy resources and to protect the health,
safety and general welfare of the citizens of Sweden. Solar energy
systems and/or solar energy farms deplete land available for other
uses, introduce industrial usage into other nonindustrial areas and
can potentially pose environmental challenges. Solar energy systems
and/or solar energy farms need to be regulated for removal when no
longer utilized and/or useful in order to prevent environmental problems
and/or abandonment of industrial properties, solar energy systems
and/or solar energy farms.
As used in this chapter, the following terms shall have the
meanings indicated hereinbelow:
A combination of solar panels and solar energy equipment
integrated into any building envelope system such as vertical facades,
semitransparent skylight systems, roofing materials and shading over
windows, which produce electricity for on-site consumption.
Land, designated as "farmland of statewide importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service (NRCS), a Soil Survey Geographic (SSURGO) Database on Web
Soil Survey, that is of statewide importance for the production of
food, feed, fiber, forage, and oilseed crops as determined by the
appropriate state agency or agencies. "Farmland of statewide importance"
may include tracts of land that have been designated for agriculture
by state law.
The effect of 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 that is anchored to the ground via
a pole or other mounting system, detached from any other structure,
for the primary purpose of producing electricity for on-site consumption.
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 New York State Department of Environmental Conservation.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
Land, designated as "prime farmland" in the U.S. Department
of Agriculture Natural Resources Conservation Service's (NRCS) Soil
Survey Geographic (SSURGO) Database on Web Soil Survey, that has the
best combination of physical and chemical characteristic for producing
food, fee, forage, fiber, and oilseed crops and is also available
for these land uses.
A solar energy system located on the roof of any legally
permitted building or structure for the purpose of producing electricity
for on-site or off-site consumption.
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, storage
devices, or other electrical and photovoltaic equipment associated
with the production 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. The area of a
solar energy system includes all the land inside the perimeter of
the solar energy system, which extends to any interconnection equipment.
A solar energy system is classified as a Tier 1, Tier 2, or Tier 3
solar energy system as follows:
Tier 2 solar energy systems include ground-mounted solar energy
systems with a system capacity up to 25kW AC and that generate no
more than 100% of the electricity consumed on the site over the previous
12 months.
Tier 3 solar energy systems are systems that are not included
in the list for Tier 1 and Tier 2 solar energy systems.
Solar farms are to be considered Tier 3 solar energy systems.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
A device that stores energy and makes it available in an
electrical form.
A.
The requirements of this chapter shall apply to all solar energy systems permitted, installed, operated, maintained, modified or constructed in any Sweden district after the effective date of this chapter, excluding general maintenance and repair and/or building-integrated photovoltaic systems, with the proviso that same comport with noise and glare regulations contained in Sweden Town Code § 175-46G(4).
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.
C.
Modifications to an existing solar energy system that increase the
solar energy system capacity by more than 5% of the original area
of the solar energy system (exclusive of moving any fencing) shall
be subject to this chapter unless there is no change to the footprint
of the solar energy system. Otherwise, any footprint change will require
an amended site plan.
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 ("Building Code"), the NYS Energy Conservation Code ("Energy
Code"), and the Sweden Town Code.
A.
A building permit shall be required for installation of any solar
energy system.
B.
Issuance of permits and approvals by the Sweden Planning Board (hereinafter
referred to as the "Planning Board") shall include review pursuant
to the State Environmental Quality Review Act [ECL Article 8 and its
implementing regulations at 6 NYCRR Part 617 ("SEQRA")].
A.
Tier 1 solar energy systems shall be permitted in all zoning districts
and shall be exempt from site plan review under the local zoning code
or other land use regulation, subject to the following conditions:
(1)
Roof-mounted solar energy systems shall incorporate, when feasible,
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)
All solar panels shall have anti-reflective coating.
(3)
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 shall be shown on the plans
submitted for the building permit application for the building containing
the system.
Tier 2 solar energy systems shall be permitted in all zoning
districts as accessory structures and shall be exempt from site plan
review under the local zoning code or other land use regulations,
subject to the following conditions:
A.
All solar panels shall have anti-reflective coating.
B.
Tier 2 solar panels shall be subject to the setback regulations specified
for the accessory structures within the underlying zoning district.
Ground-mounted solar energy systems shall only be installed in the
side or rear yard in residential districts.
C.
All Tier 2 solar energy systems shall have views minimized from adjacent
properties to the extent reasonably practicable.
D.
Solar energy equipment shall be located in a manner to reasonably
avoid and/or minimize blockage of views from surrounding properties
and shading of property to the north, while still providing adequate
solar access.
E.
Tier 2 solar energy systems shall comply with the existing lot size
requirement specified for accessory structures within the underlying
zoning district and shall not exceed 80% of the lot on which it is
installed.
A.
Application for a Tier 3 solar energy system must be made to and approved by the Town Board through incentive zoning as specified in Sweden Town Code Chapter 175. A Tier 3 solar energy system may be permitted in all zoning districts, subject to the regulations of this chapter and approval of incentive zoning by the Town Board.
B.
Upon the Town Board's approval for the Tier 3 solar energy system
through incentive zoning, application is to then be made to the Sweden
Planning Board for approval pursuant to the guidelines set forth herein.
Concurrent application can be made to the Town Board and the Planning
Board if time is an issue. No application will be approved by the
Planning Board unless incentive zoning is granted by the Town Board.
C.
Tier 3 solar energy systems are to be permitted through the issuance
of a special use permit and subject to site plan application requirements
set forth herein. Applications for the installation of a Tier 3 solar
energy system shall be:
(1)
Reviewed by the Building Department for completeness. Applicants
shall be advised within 10 business days of the completeness of their
application or any deficiencies that must be addressed prior to substantive
review.
(2)
Subject to a public hearing to hear all comments for and against
the application. The Planning Board of the Town of Sweden shall have
a notice printed in a newspaper of general circulation in the Town
of Sweden at least five days in advance of such hearing. Applicants
shall have delivered the notice by first class mail to adjoining landowners
or landowners within 1,000 feet of the property at least 10 days prior
to such hearing. Proof of mailing shall be provided to the Planning
Board at the public hearing.
(3)
Referred to the Monroe County Department of Planning and Development
pursuant to General Municipal Law § 239-m, if required.
D.
All on-site utility lines 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, including without limitation
any poles, with new easements and right-of-way.
E.
Vehicular paths within the site shall be designed to minimize the
extent of impervious materials and soil compaction.
F.
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 being within an area no more than eight square feet).
As required by the National Electrical 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.
G.
All solar panels shall be anti-reflective coating(s).
H.
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.
I.
Removal of existing trees larger than six inches in diameter should
be minimized to the extent possible.
J.
Site plan application. A Tier 3 solar energy system requires a special
use permit, site plan/subdivision application and approval of same.
Any site plan application shall include the following information:
(1)
Property lines and physical features, including roads, for the project
site.
(2)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(3)
A one- or three-line electrical diagram detailing the solar energy
system layout, solar collector installation, associated components,
and electrical interconnection methods, with all National Electrical
Code compliant disconnects and overcurrent devices.
(4)
A preliminary equipment specification sheet that documents all proposed
solar panels, significant components, mounting systems, and inverters
that are to be installed. A final equipment specification sheet shall
be submitted prior to the issuance of a building permit.
(5)
The name, mailing address, and contact information of any proposed
or potential system installer and the owner/operator of the solar
energy system, same to be submitted prior to the issuance of a building
permit.
(6)
The name, mailing address, phone number, and signature of the project
applicant, along with written confirmation from any property owner
indicating their consent to the application, along with any related
easement and/or related property agreements.
(7)
Current zoning district designation for the parcel(s) of land comprising
the project site.
(8)
A property operation and maintenance plan describing continuing photovoltaic
maintenance and property upkeep, such as mowing and trimming.
(9)
Submission of any applicable erosion and sediment control and stormwater
management plans prepared in conformity with Planning Board and New
York State Department of Environmental Conservation standards.
K.
Prior to the issuance of the building permit or final approval by
the Planning Board, but not required as part of the application, engineering
documents must be signed and sealed by a New York State (NYS) licensed
professional engineer or NYS registered architect.
L.
Special use permit standards.
(1)
The property on which the Tier 3 solar energy system shall be placed
shall consist of a minimum of 10 acres (Table 1, Lot Size Requirements).
The following table displays the size requirements of the lot
for Ground-Mounted Solar Energy Systems to be permitted.
|
Table 1
Lot Size Requirements
| |
|---|---|
|
Underlying Zoning District
|
Tier 3 Solar Energy Systems
|
|
Residential
|
> 10 acres
|
|
Light Industrial
|
> 10 acres
|
|
Commercial / Business / Airport / Recreational
|
> 10 acres
|
(2)
A Tier 3 solar energy system shall meet the setback requirements
in Table 2, Parcel Line Setbacks.
The following table provides parcel line setback requirements
for Ground-Mounted Solar Energy Systems. Fencing, access roads and
landscaping may occur within the setback.
|
Table 2
Parcel Line Setback Requirements
| |||
|---|---|---|---|
|
Tier 3 Ground-Mounted
| |||
|
Underlying Zoning District
|
Front
(feet)
|
Side
(feet)
|
Rear
(feet)
|
|
Residential
|
100
|
200
|
200
|
|
Light Industrial
|
100
|
200
|
200
|
|
Commercial / Business / Airport / Recreational
|
75
|
25
|
25
|
(3)
A Tier 3 solar energy system shall comply with the height limitations
in Table 3, Height Requirements.
The following table displays height requirements for each type
of Solar Energy Systems. The height of systems will be measured from
the highest natural grade below each solar panel.
|
Table 3
Height Requirements
| |||
|---|---|---|---|
|
Underlying Zoning District
|
Tier 1 Roof-Mounted
|
Tier 2
(feet)
|
Tier 3
(feet)
|
|
Residential
|
2' above roof
|
12
|
12
|
|
Light Industrial
|
2' above roof
|
12
|
12
|
|
Commercial / Business / Airport / Recreational
|
2' above roof
|
12
|
12
|
(4)
Lot coverage.
(a)
The following components of a Tier 3 solar energy system shall
be considered included in the calculations for lot coverage requirements:
[1]
Foundation systems, typically consisting of driven piles or
monopoles or helical screws with or without small concrete collars.
[2]
All mechanical equipment of the solar energy system, including
any pad-mounted structure for batteries, switchboard, transformers,
or storage cells.
[3]
Paved access roads servicing a Tier 3 solar energy system.
(b)
Lot coverage for a Tier 3 solar energy system shall not exceed
the maximum lot coverage requirement of the underlying zoning district
and shall not exceed 80% of the lot size on which it is installed.
(5)
A Tier 3 solar energy system, including any structures for batteries
or storage cells, shall be completely enclosed by a minimum eight-foot-high
fence with a self-locking gate.
(6)
Because of neighborhood characteristics and topography, the Planning
Board shall examine the proposed location on a case-by-case basis
to minimize any potential impact to residents, businesses, or traffic.
(7)
A Tier 3 solar energy system shall be designed and situated to be
compatible with the existing uses on adjacent and nearby properties.
(8)
A Tier 3 solar energy system shall be designed and located in order
to prevent reflective glare towards any habitable buildings, as well
as streets and rights-of-way.
(9)
The installation of a clearly visible warning sign concerning voltage
shall be placed at the base of all pad-mounted inverters, transformers
and substations.
(10)
Solar panels, associated electronics, and battery systems shall
not release hazardous materials.
(11)
Screening and visibility. A Tier 3 solar energy system shall
be required to:
(a)
Conduct a visual assessment of the visual impacts of the solar
energy system on public roadways and adjacent properties. At a minimum,
a line-of-sight profile analysis shall be provided. Depending upon
the scope and potential significance of the visual impacts, additional
impact analysis, including for example a digital viewshed report,
may be required.
(b)
Submit a screening and landscaping plan to show adequate measures
to screen through landscaping, grading, or other means so that views
of solar panels and solar energy equipment shall be minimized as reasonably
practical from public roadways and adjacent properties to the extent
feasible.
(c)
The screening and landscaping plan shall specify 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, following the
applicable rules and standards established by the Sweden Town Code.
(12)
All appurtenant structures, including but not limited to equipment
shelters, storage facilities, inverters, transformers and substations,
shall be architecturally compatible with each other and shall be screened
from the view of the persons not on the parcel.
(13)
Lighting of a Tier 3 solar energy system shall be consistent
with all state and federal laws. Lighting of appurtenant structures
shall be limited to that required for safety and operational purposes
and shall be reasonably shielded from abutting properties. Where feasible,
lighting of a Tier 3 solar energy system installation shall be directed
downward and shall incorporate full-cutoff fixtures to reduce light
pollution.
(14)
There shall be no signs, except a sign is required that identifies
the owner/operator with an emergency telephone number where the owner/operator
can be reached on a twenty-four-hour basis. Any signage laws, regulations
and/or ordinances, including the National Electrical Code and/or emergency
services, shall prevail over the requirements contained in the previous
two sentences of this subsection in the event that a conflict between
same arises. A "no trespassing" sign and/or "danger" sign is allowed.
(15)
There shall be a minimum of one parking space to be used in
connection with the maintenance of the facility and the site; same
shall not be used for permanent storage of vehicles.
(16)
A Tier 3 solar energy system owner/operator shall provide a
copy of the project summary, electrical schematic and site plan to
the Sweden Fire Marshal. Upon request, the owner/operator shall cooperate
with all local equipment services in developing an emergency response
plan. All means of shutting down the facility shall be clearly marked.
The owner or operator shall indentify a responsible person for public
inquiries through the life of the installation.
(17)
No Tier 3 solar energy system shall be approved or constructed
until satisfactory evidence has been provided that the utility company
operating the electrical grid where the installation is to be located
has authorized the interconnected customer-owner generator.
(18)
A Tier 3 solar energy system owner/operator shall maintain the
facility in good condition. Maintenance shall include, but not be
limited to, painting, structural repairs and integrity of security
measures. Site access shall be maintained to a level acceptable to
the Sweden Fire Marshal and emergency services. The owner/operator
shall be responsible for the cost of maintaining a Tier 3 System and
any access road, unless same is accepted as a public roadway.
(19)
For projects located on agricultural lands:
(a)
Any Tier 3 solar energy system located on the areas that consist
of prime farmland or farmland of statewide importance shall not occupy
or exceed 50% of the entire lot.
(b)
To the maximum extent practicable, a Tier 3 solar energy system
located on prime farmland shall be constructed in accordance with
the construction requirements of the New York State Department of
Agriculture and Markets.
(c)
A Tier 3 solar energy system owner/operator shall develop, implement,
and maintain native vegetation to the extent practicable pursuant
to a vegetation management plan by providing native perennial vegetation
and foraging habitat beneficial to game birds, songbirds, and pollinators.
To the extent practicable, when establishing perennial vegetation
and beneficial foraging habitat, the owners/operators shall use native
plant species and seed mixes.
M.
If the owner/operator of the solar energy system changes, the special
use permit shall remain in effect, provided that any successor owner/operator
assumes in writing all obligations of the special use permit, site
plan approval and decommissioning plan prior to change in ownership
or operator.
A.
Solar energy systems and solar energy equipment shall be certified
under any and all 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 the level acceptable to the local fire department
and, if a Tier 3 solar energy system is located in an ambulance district,
the local ambulance corps.
C.
If storage batteries are included as part of the solar energy system,
they shall meet the requirements of any applicable fire prevention
and building code when in use.
Any required special use permits and site plan approval contemplated
in this chapter shall be valid for a period of 18 months. In the event
any necessary construction is not completed in accordance with the
final site plan, as may have been amended and approved within 18 months
after approval, the applicant or the Planning Board may extend the
time to complete construction for 180 days. If the owner/operator
fails to complete construction within the aforesaid 24 months, all
approvals shall expire.
Any violation of this chapter shall be subject to the same enforcement
and requirements, including the civil and criminal penalties, provided
for in the zoning or land use regulations of Sweden.
The invalidity or enforcement 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.
This chapter shall take effect upon the date it is filed in
the Office of the New York State Secretary of State in accordance
with Municipal Home Rule Law § 27.
