[HISTORY: Adopted by the Town Board of the Town of Stanford
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-14-2018 by L.L. No. 2-2018]
This article is adopted pursuant to §§ 261 through
263 of the Town Law of the State of New York, which authorize the
Town of Stanford to adopt zoning provisions that advance and protect
the health, safety, and welfare of the community, and "to make provision
for, so far as conditions may permit, the accommodation of solar energy
systems and equipment and access to sunlight necessary therefor."
The purpose and objectives of this article are to create synergy
between solar and the desire to preserve the rural character of the
Town of Stanford, elevate ecological issues to an equal level with
other planning issues, and to require new development to capitalize
on natural assets, avoid landscape hazards and minimize environmental
impact. The proliferation of solar energy systems as an environmentally
friendly and cheaper energy alternative is expected in the coming
years, and this equipment and the installation thereof must be reasonably
regulated to protect the health, safety and welfare of the citizens
of the Town of Stanford and, to the maximum degree possible, to coordinate
and control the same to preserve and protect the aesthetic qualities
of the Town. The Town recognizes the demand for solar energy systems
and the need for the services they provide. This article regulates
solar energy system installations to ensure that any such proposed
energy system is designed, located, and installed in accordance with
sound planning by:
A.
Promoting the health, safety and welfare of the residents of the
Town.
B.
Minimizing the adverse visual effects of alternative energy systems
and protecting the natural features, aesthetics, residential and rural
character of the Town through careful planning, design. location,
buffering, and screening.
C.
Avoiding potential damage to adjacent properties from falling or
flying debris from solar energy systems through careful engineering
and reasonable siting of energy system structures.
As used in this article, the following terms shall have the
meanings indicated:
A combination of photovoltaic building components integrated
into any building envelope system such as vertical facades, including
glass and other facade material, semitransparent skylight systems,
roofing materials, and shading over windows.
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure for the primary purpose of producing electricity for on-site
consumption.
A solar energy system that is ground-mounted and produces
energy primarily for the purpose of off-site sale or consumption.
A solar panel 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.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduits of photovoltaic devices
associated with the production of electrical energy.
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
A use which is deemed permissible within a given zoning district or districts but which may exhibit characteristics or create impacts incompatible with other uses provided therein. The special use shall, therefore, be subject to approval by the Planning Board in accordance with the conditions set forth for such use, as well as the applicable procedure specified in Article VI of Chapter 164, Zoning.
A.
The requirements of this article shall apply to all solar energy
systems installed or modified after its effective date, excluding
general maintenance and repair and building-integrated photovoltaic
systems.
B.
All solar energy systems shall be designed, erected and installed
in accordance with all applicable codes, regulations and industry
standards as referenced in the New York State Uniform Fire Prevention
and Building Code ("Building Code"), the New York State Energy Conservation
Code ("Energy Code"), and the Town Code.
A.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems that use the electricity on site
or off site are permitted as an accessory use in all zoning districts
when attached to any lawfully permitted building or structure.
(2)
Height. solar energy systems shall not exceed the maximum height
restrictions of the zoning district within which they are located
and are provided the same height exemptions granted to building-mounted
mechanical devices or equipment.
(3)
Aesthetics. roof-mounted solar energy system installations shall
incorporate, when feasible, the following design requirements:
(a)
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 highest edge of the system.
(b)
Panels on flat roofs having no parapet shall not extend more
than three feet above the height of the roof.
(c)
Panels on flat roofs with a parapet shall not extend above the
height of the parapet.
(d)
All utility services and electrical wiring shall be underground
or otherwise placed within conduits securely attached to the roof
and walls.
(4)
Roof-mounted solar energy systems that use the energy on site or
off site shall be exempt from site plan review under the local zoning
code or other land use regulations.
B.
Ground-mounted solar energy systems shall be permitted, subject to
the following standards:
(1)
Site plan approval shall be required for each ground-mounted solar
energy system, except for a single-family parcel where the installation
would comply with each of the standards for a solar energy system
as set forth in this article.
(2)
Ground-mounted solar energy systems that use the electricity primarily
on site are permitted as accessory structures.
(3)
Height and setback. Ground-mounted solar energy systems shall adhere
to the height and setback requirements of the underlying zoning district.
(4)
Ground-mounted solar energy systems in residential districts shall
be installed in the side or rear yards and shall be located behind
the front line of any principal structure.
(5)
No part of the ground-mounted solar energy system shall exceed 12
feet in height above the finished grade of the site at the solar energy
system location.
(6)
Ground-mounted solar energy systems shall be screened to protect
the viewshed of neighboring properties by fencing or a combination
of fencing and evergreen and deciduous plantings. Plantings used for
screening shall be of such a height and width, at the time of planting,
to obscure the ground-mounted solar energy system from adjacent properties.
Said screening shall be subject to the prior review and approval of
the Building Inspector/Code Enforcement Officer to ensure compliance
with this requirement.
A.
Large-scale solar energy systems are permitted through the issuance
of a special use permit within the RC District and on Town-owned property,
subject to the requirements set forth in this section, including site
plan approval, and must meet the requirements of applicable international
building codes and New York State supplemental code. Applications
for the installation of a large-scale solar energy system shall be
reviewed by the Building Inspector/Code Enforcement Officer and referred,
with comments, to the Town Board for its review and action, which
can include approval, approval on conditions, and denial.
B.
Special use permit application requirements. For a special permit
application, the site plan application is to be used as supplemented
by the following provisions:
(1)
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.
(2)
Construction plans and specifications showing the layout of the large-scale
solar energy system signed by a New York State professional engineer
or New York State registered architect shall be required.
(3)
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems,
and inverters that are to be installed.
(4)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
(5)
Decommissioning plan. To ensure the proper removal of a large-scale
solar energy system, a decommissioning plan shall be submitted as
part of the application. Compliance with this plan shall be made a
condition of the issuance of a special use permit under this section.
The decommissioning plan must specify that after the large-scale solar
energy system can no longer be used, it shall be removed by the applicant
or any subsequent owner. The plan shall demonstrate how the removal
of all infrastructure and the remediation of soil and vegetation shall
be conducted to return the parcel to its original state prior to construction.
The plan shall also include an expected time line for execution. A
cost estimate detailing the projected cost of executing the decommissioning
plan shall be prepared by a professional engineer or contractor. Cost
estimations shall take into account inflation. Removal of large-scale
solar energy systems must be completed in accordance with the decommissioning
plan. If the large-scale solar energy system is not decommissioned
after being considered abandoned, the municipality may remove the
system and restore the property and impose a lien on the property
to cover these costs to the municipality.
C.
Special use permit standards.
(1)
Height and setback. Large-scale solar energy systems shall adhere
to the height and setback requirements of the underlying zoning district.
(2)
All large-scale solar energy systems shall be enclosed by fencing
to prevent unauthorized access. Warning signs with the owner's contact
information shall be placed on the entrance and perimeter of the fencing.
The type of fencing shall be determined by the Town of Stanford Planning
Board. The fencing and the system may be further screened by any landscaping
needed to avoid adverse aesthetic impacts.
(3)
Any application under this section shall meet any substantive provisions
contained in local site plan requirements in the zoning code that,
in the judgment of the Town of Stanford Planning Board, are applicable
to the system being proposed. If none of the site plan requirements
are applicable, the Town of Stanford Planning Board may waive the
requirement for site plan review.
(4)
The Town of Stanford Planning Board may impose conditions on its
approval of any special use permit under this section in order to
enforce the standards referred to in this section or in order to discharge
its obligations under the State Environmental Quality Review Act (SEQRA).[1]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
If a solar energy system ceases to perform its originally intended
function for more than 12 consecutive months, the property owner shall
remove the solar energy system no later than 90 days after the end
of the twelve-month period. Applications for extensions are reviewed
by the Town Board, but such extension application must be made within
the twelve-month period of nonuse.
Any violation of this article shall be subject to the same civil
and criminal penalties provided for in the zoning regulations of the
Town of Stanford.
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.
To the extent that any provision of this article is inconsistent
with the Town Law or any other provision of Article 16 of the Town
Law, or of the Energy Law, or of the Real Property Law, or of the
General Municipal Law, the provisions of this article are expressly
intended to and do hereby supersede any such inconsistent provisions
under the Town's municipal home rule powers, pursuant to Municipal
Home Rule Law § 10(1)(ii)(d)(3) and (ii)(a)(14) and § 22
to supersede any inconsistent authority.
This article shall take effect immediately upon filing with
this state's Secretary of State.
