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:
ABANDONMENT
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.
COLLECTIVE SOLAR
Solar installations owned collectively through subdivision
homeowner associations, "adopt-a-solar-panel" programs, or other similar
arrangements.
FLUSH-MOUNTED SOLAR PANEL
Photovoltaic panels and tiles that are installed flush to
the surface of a roof and which cannot be angled or raised.
FREESTANDING
A solar energy system that is directly installed in the ground
and is not attached or affixed to an existing structure.
GLARE
The effects of reflected light with intensity sufficient
to cause annoyance, discomfort, nuisance, or visual impairment.
MAJOR SOLAR COLLECTION SYSTEM
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.
MINOR SOLAR COLLECTION SYSTEM
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.
NET-METERING
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.
PERMIT GRANTING AUTHORITY
The Town Code Enforcement Officer charged with granting permits
for the operation of solar energy systems.
PHOTOVOLTAIC (PV) SYSTEMS
A solar energy system that produces electricity by the use
of semiconductor devices, called "photovoltaic cells," that generate
electricity whenever light strikes them.
QUALIFIED SOLAR INSTALLER
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.
SMALL-SCALE SOLAR
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.
SOLAR ACCESS
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.
SOLAR CELL
Photoelectric device generating electricity.
SOLAR COLLECTOR
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.
SOLAR EASEMENT
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 ENERGY EQUIPMENT/SYSTEM
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 FARM
Solar systems above 25 kilowatts (kw) — 80 solar panels.
SOLAR STORAGE BATTERY
A device that stores energy from the sun and makes it available
in an electrical form.
SOLAR-THERMAL SYSTEMS
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.
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.
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.