[Added 3-25-2021 by L.L. No. 1-2021]
This Zoning for Solar Energy Law is adopted pursuant to the
Town Law, which authorizes the Town 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."
This Zoning for Solar Energy Law is adopted to advance and protect
the public health, safety, and welfare of the Town of LeRoy, including:
A.
Taking advantage of a safe, abundant, renewable, and nonpolluting
energy resource.
B.
Decreasing the cost of energy to the owners of residential properties,
including single-family houses.
C.
Aligning the laws and regulation of the community with several policies
of the State of New York, particularly those that encourage distributed
energy systems.
D.
Becoming more competitive for a number of state and federal grants
and tax benefits.
E.
Creating synergy between solar stated goals of the Town Comprehensive
Plan.
As used in this article, the following terms shall have the
meanings indicated:
A major collection system, commercial system, or solar farm
shall be deemed "abandoned" if the system fails to generate and transmit
electricity at a rate of more than 50% of its rated capacity over
a continuous period of 12 months. This would be monitored via their
yearly invoice sent to the Town of LeRoy.
A roof with a slope greater than 2:12.
A solar energy system that consists of integrating photovoltaic
modules into the building structure, such as the roof or the facade
and which does not alter the relief of the roof.
Solar installations owned collectively through subdivision
homeowner associations, "adopt-a-solar-panel" programs, or other similar
arrangements.
Photovoltaic panels and tiles that are installed flush to
the surface of a roof and which cannot be angled or raised.
A solar energy system that is directly installed in the ground
and is not attached or affixed to an existing structure.
The effects of reflected light with intensity sufficient
to cause annoyance, discomfort, nuisance, or visual impairment.
A roof with a slope equal to or less than 2:12.
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 to or receive a credit from a public utility entity,
but also may be for on-site use. Facilities consist of one or more
freestanding or roof-mounted solar collector devices, solar-related
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. Major solar collection systems are defined
as ground-mounted accessory systems with a total surface area greater
than 1,000 square feet.
A solar photovoltaic cell, panel, or array, or 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 electricity generation or transfer of stored heat,
accessory to the use of the premises for other lawful purposes. Minor
solar collection systems are defined as roof- or building-mounted
solar collectors greater than 60 square feet on any code-compliant
structure, and ground-mounted solar collectors with the total surface
area greater than 60 square feet and less than 1,000 square feet.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the grid so that they only pay for their net electricity usage
at the end of the month.
The Town Code Enforcement Officer charged with granting permits
for the operation of solar energy systems.
A solar energy system that produces electricity by the use
of semiconductor devices, called "photovoltaic cells," that generate
electricity whenever light strikes them.
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. Proof
of certification is required.
A solar power system in which solar panels are mounted on
top of the structure of a roof either as a flush-mounted system or
as modules fixed to frames.
For purposes of this article, the term "small-scale solar"
refers to solar photovoltaic systems that produce up to 25 kilowatts
(kW) per hour of energy or solar-thermal systems which serve the building
to which they are attached, and do not provide energy for any other
buildings.
Space open to the sun and clear of overhangs or shade including
the orientation of streets and lots to the sun so as to permit the
use of active and/or passive solar energy systems on individual properties.
The combination of multiple solar panels.
Photoelectric device generating electricity.
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for the generation of electricity or transfer of
stored heat.
An easement recorded pursuant to NY Real Property Law § 335-b,
the purpose of which is to secure the right to receive sunlight across
real property of another for continued access to sunlight necessary
to operate a solar collector.
Solar collectors, controls, energy storage devices, heat
pumps, heat exchangers, and other materials, hardware or equipment
necessary to the process by which solar radiation is collected, converted
into another form of energy, stored, protected from unnecessary dissipation
and distributed. Solar systems include solar thermal, photovoltaic
and concentrated solar.
Solar systems above 25 kilowatts (kw) — 80 solar panels.
The combination of multiple solar cells.
A device that stores energy from the sun and makes it available
in an electrical form.
Solar thermal systems directly heat water or other liquid
using sunlight. The heated liquid is used for such purposes as space
heating and cooling, domestic hot water, and heating pool water.
A.
The requirements of this article shall apply to all solar energy
systems modified or installed after the effective date of this article.
B.
All solar energy systems shall be designed, erected and installed
in accordance with all applicable codes and regulations, as referenced
in the New York State Uniform Code, the New York State Property Maintenance
Code and the Code of the Town of Le Roy. All solar systems must be
designed, erected and installed by a qualified solar installer as
defined in this chapter. They must meet all federal, state, and local
guidelines.
It is unlawful for any person to construct, install, maintain,
modify or operate a solar energy system or solar farm that is not
in compliance with this chapter or with any conditions contained in
a special use or zoning permit issued pursuant to this chapter.
A.
Construction schedule. Applicants must submit a proposed schedule
for the completion of the project, including the proposed start date
and proposed date of substantial completion, the expected date of
connection to the power grid, and the expected date on which operation
of the photovoltaic system shall commence.
B.
Rooftop and building-mounted solar collectors. Rooftop and building-mounted
solar collectors are permitted in all commercial and industrial zoning
districts and interchange zones in the Town subject to the following
conditions:
(1)
Building permits shall be required for installation of all rooftop
and building-mounted solar collectors.
(2)
An engineering report must be submitted stating that the structural
integrity of the roof can support the weight and wind conditions for
the area.
(3)
Any height limitations of the Town Code shall not be applicable to
solar collectors, provided that such structures are erected only to
such height as is reasonably necessary to accomplish the purpose for
which they are intended to serve, and that such structures do not
obstruct solar access to neighboring properties.
(4)
Placement of solar collectors on flat roofs shall be allowed as of
right in nonhistoric districts, provided that panels do not extend
horizontally past the roofline.
(5)
Specify that the panels used for solar cannot contain cadmium telluride.
That is hazardous waste material.
C.
Building-integrated photovoltaic (BIPV) systems. BIPV systems are
permitted outright in all commercial and industrial zoning districts,
and interchange zones.
D.
Freestanding solar collectors. Freestanding solar collectors are
permitted with a special use permit only in industrial zoning districts
and interchange zones subject to the following conditions:
[Amended 11-10-2022 by L.L. No. 2-2022]
(1)
Building permits are required for the installation of all ground-mounted,
freestanding solar collectors, and solar farms.
(2)
The location of the solar collector system meets 100-foot front/rear/side
setback requirements from all bordering parcels.
(3)
Freestanding solar energy systems shall not exceed a height of 12
feet. All height measurements are to be calculated when the solar
energy system is oriented at maximum tilt.
(4)
Anything within 1/2 mile of an airport's published flight path must
have FAA approval. This is due to possible glare and strobe effect.
(5)
Solar energy equipment shall be located in a manner to reasonably
minimize view blockage for surrounding properties and shading of property
to the north, while still providing adequate solar access for collectors.
Documentation of major system components (PV panels, foundation, mounting
system, etc.) shall also be provided.
(6)
Freestanding solar energy collectors shall be screened when possible
and practicable through the use of architectural features, earth berms,
landscaping, or other screening which will harmonize with the character
of the property and surrounding area. Plans to control noise and glare
shall be submitted. Perimeter fencing and appropriate signage will
be required.
(7)
The site plan review process will assess the dimensional area of
all solar collectors provided by the contractor in determining lot
coverage.
(8)
An engineering report must be submitted stating the structure is
capable of wind resistance for our area and show the pole footer depth/construction.
A site plan signed by said engineer must be submitted and must include
access points, stormwater control, and maintenance routines.
A.
Any violation of this article shall be subject to the same civil
and criminal penalties provided for in the LeRoy Town Code (including
any applicable zoning regulation) and/or the laws of the State of
New York.
B.
The Code Enforcement Officer is hereby authorized to make inspections
to determine compliance with the provisions of this chapter. When
the Code Enforcement Officer determines that there is a violation,
he shall cause a written notice thereof to be served upon the owner
of the property in violation. Such notice shall include a statement
of conditions that violate the provision of this chapter and the action
required to remedy such violations.
If any clause, sentence, paragraph, subdivision, section or
part of this article, or the application thereof to any person, individual,
firm or corporation, or circumstance, shall be adjudged by a court
of competent jurisdiction to be invalid or unconstitutional, such
order or judgment shall not affect impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, section or part of this article, or in its
application to the person, individual, firm or corporation, or circumstance,
directly involved in the controversy in which said order or judgment
shall be rendered.
A.
Applicability and purpose. This section governing abandonment and
decommissioning shall apply to a major collection system. 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 LeRoy by
requiring abandoned commercial solar collector 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 major collection systems, commercial systems, or solar farms
may become unsafe by reason of their energy-producing capabilities
and serve as an attractive nuisance.
(1)
If the Building Inspector or Code Enforcement Officer receives a
complaint, or requests access to inspect a major collection system
to assess whether the solar collector facility is operating as originally
designed, the property owner shall allow access to the property and
facility for testing. If it is determined after testing or inspection
that the solar collector is not producing at least 50% of the energy
it was originally designed to generate, the solar collector shall
be removed or replaced within 120 days of notice from the Building
Inspector or Code Enforcement Officer.
(2)
Abandonment. If requested by the Building Inspector or Code Enforcement
Officer, the property owner and/or operator of the major collection
system shall provide the Building Inspector, within 45 days of a written
request, a report certified by a qualified consultant demonstrating
that the solar collector system is operating at a rate of at least
50% of its rated capacity. Failure to provide a report within 45 days
of a written request shall create a presumption that the solar collector
facility is not operating at the rate of at least 50% of its rated
capacity. A major collection system also shall be deemed abandoned
if, following site plan approval, construction of the system has commenced
but is not completed within 18 months of issuance of the first building
permit for the project. The time at which a major collection system
shall be deemed abandoned may be extended by the Planning Board and
Town Board for one additional period of one year, provided the system
owner presents to the Planning Board and Town 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. Any application for an extension
of time shall be made to the LeRoy Planning Board by the owner (and/or
operator) prior to abandonment as defined herein. Extenuating circumstances
as to why the major collection system has not been operating or why
construction has not been completed may be considered by the Planning
Board and Town Board in determining whether to grant an extension.
(3)
All applications for a major collection 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:
(a)
Include an affirmative obligation and acknowledgement that after
any major collection system can no longer be used it shall be removed
by the applicant and/or any subsequent owner.
(b)
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. A schedule showing the time
frame over which decommissioning will occur and for completion of
site restoration work.
(c)
Include a cost estimate detailing the projected expense of executing
the decommissioning plan signed by a professional engineer. Cost estimations
shall take into account inflation.
(d)
Obligate the owner, operator and/or successors in interest to
remove any freestanding solar collector structures, batteries, equipment,
security barriers and transmission lines which have reached the end
of their useful life or have been abandoned, to physically remove
the installation no more than six months after the date of discontinued
operations and also notify the LeRoy Code Enforcement Department by
certified mail of the proposed date of discontinued operations and
the plans for removal.
(e)
Include an obligation to dispose of all solid and hazardous
waste in accordance with local, state and federal waste disposal regulations.
(4)
Absent notice of a proposed date of decommissioning and written notice
of extenuating circumstances, any major collection system shall be
considered abandoned when it fails to operate as set forth in Subsection
B of this section for more than six months without the written consent
of the LeRoy Planning Board and Town Board. If the owner or operator
of any major collection system fails to remove the installation in
accordance with the requirements of this section within six months
of abandonment or the proposed date of decommissioning, a LeRoy Code
Officer may enter the property and physically remove the installation
upon application to a court of appropriate jurisdiction to obtain
access to said property for that purpose with approval of the Town/Village
Board.
(5)
In the event that an application is approved for a major collection
system, the Town/Village of LeRoy shall require that the applicant
and/or property owner provide or establish a bond, surety bond, financial
deposit, undertaking, financial escrow and/or other financial security,
the amount, substance and character of which is to be determined by
and at the sole discretion of Town Board and reviewed by the Town
Engineer, the spirit and intent of same being to ensure that sufficient
funds are available to remove the installation and restore landscaping
consistent with the best interests of the landowner and/or LeRoy in
the event the applicant fails to comply with its decommissioning obligations,
with same to be annually reviewed for financial sufficiency (with
any decision relating to continued financial sufficiency also to be
in the sole discretion of the Town Board). LeRoy reserves the right
to request reasonable access to the property upon notice and consent.
(6)
If the major collection system is not decommissioned after being
considered abandoned, the Town/Village may remove the system and restore
the property and impose a lien on the property to cover these costs
to the municipality, and to collect such amounts in the same way as
other Town/Village taxes, in addition to any other remedies available
to the Town/Village.
(7)
Decommissioning plan needs to be included in the original permit
application. The price for hauling away hazardous materials, which
may include soil remediation, or any other waste or debris associated
with the solar array or its components.
