HomeMy WebLinkAboutLL 3 of 2020 Solar and Wind Energy Local Law
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LOCAL LAW NUMBER #3 OF 2020
A LOCAL LAW OF THE TOWN OF LANSING TO AMEND THE LAND USE
ORDINANCE RELATING TO SOLAR AND WIND ENERGY
SYSTEMS PROPOSED TO BE SITED IN THE TOWN OF LANSING, NEW YORK
This Local Law hereby amends and supersedes existing Town rules and regulations pertaining to solar
and wind energy generating facilities, and their infrastructure and related battery and storage facilities,
including as set forth in the Town of Lansing Land Use Ordinance, as amended and re-stated March
18, 2015.
The Town Board of The Town of Lansing, New York, pursuant to Resolution dated July 15, 2020, does
hereby adopt and pass this Local Law Number #3 of 2020, and therefore, be it so enacted as follows:
SECTION 1 – AUTHORITY: This Local Law is adopted pursuant to the powers granted by §§ 130,
261, and 263 of the Town Law of the State of New York, and Municipal Home Rule Law § 10, which
authorize the Town of Lansing to adopt zoning provisions and local laws that advance and protect the
health, safety and welfare of the community.
SECTION 2 – PURPOSE: The purpose of this Local Law is to facilitate and regulate the development
and operation of certain renewable energy systems based upon the use of sunlight and wind; to
increase employment and business development in the Town of Lansing, to the extent reasonably
Practicable, by furthering the installation of Solar and Wind Energy Conversion Systems and related
or independent battery and energy storage systems; to mitigate the impacts of such systems upon
environmental resources, such as important agricultural lands, forests, wildlife and other protected
resources; and to provide a regulatory scheme for the designation of properties most suitable for the
location, construction and operation of such systems. It is in the public interest to allow for and
encourage renewable energy systems in accordance with the Town of Lansing Comprehensive Plan
and Agriculture and Farmland Protection Plan.
SECTION 3 – APPLICABILITY: The requirements of this Law apply to all Solar Energy Systems,
Wind Energy Conversion Systems, and Battery Energy Storage Systems proposed, modified, or
installed after the effective date of this Local Law.
SECTION 4 – AMENDMENTS TO THE LAND USE ORDINANCE:
A. The Town of Lansing Land Use Ordinance, Article III: entitled ‘Definitions’ is amended by adding
the following definitions:
ACCESSORY STRUCTURE – A structure incidental and subordinate to a principal building or use
in terms of area and function on the same lot, and used for purposes that are customarily found in
association to those of the principal use.
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APPLICANT – A property owner, an entity or individual holding an option or contract to purchase
a property, or any other affiliate or o perator authorized in writing to act for such persons, who
submits an application under the provisions of this Code.
BATTERY ENERGY STORAGE SYSTEM – A rechargeable or other energy storage system
consisting of electrochemical or other types of storage or cyclable batteries, battery chargers,
controls, power conditioning systems and associated electrical equipment designed to provide
electrical power to a building or other structure or facility.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM - A combination of photovoltaic building
components integrated into the building envelope system of any legally permitted building or
structure, such as vertical facades, skylights, roofing materials and shading over windows.
CHAPTER – These zoning and land use regulations of the Town as set forth in the Code.
CODE – The local laws, ordinances, codes, and policy requirements of processes, rules, and
procedures of the Town of Lansing.
COMMISSIONING - A systematic process that provides documented confirmation that a system
functions according to the intended design criteria and complies with applicable code requirements.
DECOMMISSIONING – A systematic process for removing an abandoned Battery Energy Storage
System and / or Solar Energy Facility and remediating the land.
FALL ZONE – The radius of an area below a Wind Energy Conversion System Tower equal to the
Tower height plus the height of the generator and the attached blades plus a safety factor to allow
for a clear space below in case of Tower failure, partial or full disintegration of the Tower or
generating system, or the dropping of debris (such as ice) from Tower or generator. A Fall Zone of
120% of maximum facility height above ground level shall be presumed to be a Fall Zone with a
sufficient safety factor, but each case may be viewed individually depending on location, the nature
of the facility, materials science, and other factors relevant to such review.
GROUND-MOUNTED SOLAR ENERGY SYSTEM – A Solar Energy System whose components are
attached to a mounting system anchored to the ground (including by static weighting) and detached
from any other structure.
LARGE-SCALE BATTERY ENERGY STORAGE SYSTEM - Battery energy storage systems with an
aggregate energy Nameplate Capacity greater than or equal to 280kWh.
NAMEPLATE CAPACITY – The maximum rated output of the electric power production of the
Solar Photovoltaic System or Wind Energy Conversion System in Alternating Current (AC).
NON-PARTICIPATING RESIDENCE OR OCCUPIED BUILDING – Any residence or building or
structure expected or intended for human occupation or use, including as a workplace, where the
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owner of such residence, building, or structure has not agreed in writing with the owner or operator
of an alternative energy facility to allow certain uses to be sited adjacent to or in proximity to such
non-participating structure, such a lease, license, or easement allowing a Tower Fall Zone to overlay
their residence, building, or structure, or granting access to wind, light or air, or waiving any noise,
setback, or zoning requirements.
NON-TOWER BASED WIND ENERGY CONVERSION SYSTEM – A Wind Energy Conversion
System that is not based upon or located upon a Tower, such as rooftop horizontal turbines, vertical
flute or ‘candy cane’ poles under 30’ tall, or wind trees.
PARTICIPATING RESIDENCE OR OCCUPIED BUILDING - Any residence or building or
structure expected or intended for human occupation or use, including as a workplace, where the
owner of such residence, building, or structure has agreed in writing with the owner or operator
of an alternative energy facility to allow certain uses to be sited adjacent to or in proximity, such a
lease, license, or easement allowing a Tower Fall Zone to overlay their residence, building, or
structure, or granting access to wind, light or air, or waiving any noise, setback, or zoning
requirements.
PRACTICABLE – Capable of satisfying the overall project purposes, after taking into consideration
cost, time, technology and logistics.
RIGHT-OF-WAY - The total width of any land reserved or dedicated as a thoroughfare, alley,
pedestrian or bicycle way, railway, waterway, or utility line.
SMALL-SCALE BATTERY ENERGY STORAGE SYSTEM - Battery energy storage systems with an
aggregate energy Nameplate Capacity less than 280kWh.
SMALL-SCALE SOLAR ENERGY SYSTEM – A Building-Mounted Solar Energy System whose
photovoltaic components occupy an area greater than 150 square feet on any cod e-compliant
structure, or a Ground-Mounted Solar Energy System whose components cover a land area less
than 10,000 square feet and whose energy output is primarily for on-site consumption. Small-Scale
Solar Energy Systems may generate energy in excess of the energy requirements of a property if it
is to be sold back to a public utility or placed on or delivered to the local or regional electrical grid.
SOLAR ENERGY FACILITY – Ground-mounted or free-standing (racking or ballasts) solar
collection devices, Solar Energy System related equipment, and other associated infrastructure
whose components cover a land area greater than 10,000 square feet. The primary intention of a
Solar Energy Facility is the generation of electricity or other conversion o f solar energy to a different
form of energy for commercial or off-site sale to a public utility, off-site users, or for placement on
or delivery to the local or regional electrical grid.
SOLAR PANEL – A photovoltaic device capable of collecting and converting solar energy into
electrical energy.
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SOLAR PHOTOVOLTAIC SYSTEM or SOLAR ENERGY SYSTEM – An energy system that consists
of one or more solar energy collection devices, solar energy related balance of system equipment,
and other associated infrastructure with the primary intention of generating electricity, storing
electricity, or otherwise converting solar energy to a different form of energy.
SOLAR THERMAL SYSTEM – A Solar Energy System used to generate heated liquid from sunlight
for transfer to potable water, a process liquid, or to a hydronic heating system using a collector and
a transfer liquid, or an alternative Solar Energy System used to generate heated air from sunlight to
heat spaces through passive convection or active fan driven means usi ng a collector. This includes
so-called ‘passive’ thermal systems using or creating heated water for swimming pools and
residential uses.
TOWER – A structure not intended for human habitation upon which wind energy conversion
system equipment is designed to be located. It includes without limit, freestanding Towers, lattice
Towers, guyed Towers, monopoles and other similar structures which may employ camouflage
technology.
WECS OPERATIONAL SOUND PRESSURE LEVEL – The level which is equaled or exceeded a
stated percentage of time. A L10 classification means that a certain amount of dBA (“X” dBA)
indicates that in any given hour of the day “X” dBA can be equaled or exceeded only 10% of the
time, or for six minutes (thus, for illustrative purposes, an L 50 classification would mean that X
dBA can be exceeded for no more than 30 minutes of any hour in any day). The measurement of the
sound pressure level shall be done according to the International Standard for Acoustic Noise
Measurement Techniques for Wind Generators (IEC 61400-11), or other accepted procedures.
Unless otherwise described herein, WECS Operational Sound Pressure Level restrictions shall mean
the cumulative existing ambient sound pressure level (as defined herein) plus the sound generated
by the WECS.
WIND ENERGY CONVERSION SYSTEM (or “WECS”) – A Wind Energy Conversion System that
sells its generated power, whether by wires, grid-connections, metering, or a Battery Energy Storage
System, to a third party, and such term includes the support Tower, foundations and support cables,
the nacelle and electric generator, gearing, and braking, the rotor, blades, tail and other associated
components, the associated electric and electronic connections, panels, boxes, controls, inverters,
switches, transformers, gates, vehicular paths, fencing, the Fall Zone around each Tower, etc.,
whose power output is intended to be used on-site to offset on-site consumption of utility power
and off-site, including through grid connections and the transmission or sale of energy to third
parties.
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B. The Town of Lansing Land Use Ordinance, Section 503, Schedule I. E. ‘Utility and Miscellaneous’
uses 4, 5, and 6 are expressly repealed and superseded by the following:
Land Use or Activity RA L1 R1 R2 R3 B1 B2 IR
4. (a) Wind Energy
Conversion System
SC*
802.19
N N N N N N SC*
802.19
4. (b) Non-Tower Based
Wind Energy Conversion
Systems
Z
702.14
Z
702.14
Z
702.14
Z
702.14
Z
702.14
Z
702.14
Z
702.14
Z
702.14
5. (a) Small-Scale Solar
Energy System
Z
702.13
Z
702.13
Z
702.13
Z
702.13
Z
702.13
Z
702.13
Z
702.13
Z
702.13
5. (b) Solar Energy
Facility
SC*
802.18
N N N N N N SC*
802.18
13. (a) Small-Scale Battery
Energy Storage System
P P P P P P P P
13. (b) Large-Scale
Battery Energy Storage
System
SC*
802.20
N N N N SC*
802.20
SC*
802.20
SC*
802.20
C. A new Section 613 is added as follows:
613 Alternative Energy Systems, Generally
613.1 The requirements of this § 613 and its subsections apply to all Solar Energy Systems, Wind
Energy Conversion Systems, and Battery Energy Storage Systems proposed, modified, or
installed upon any lands or structures, excluding routine or minor general maintenance
and repair. However, “routine or minor general maintenance and repair” shall not in any
one situation or case involve the replacement or r epair of 50% or more of the area or
square footage of land occupancy of the use, or 50% of the value of the facility. The
determination as to whether a given action or application qualifies as “routine or minor
general maintenance and repair” shall be determined in each case and for all lands,
parcels, and uses, by the Town’s Zoning Officer by written opinion, duly filed.
613.2 The installation of any Solar Energy System does not carry with it any right to a clear line
of sight to the sun. It is understood that an Applicant, installer, or developer has the
responsibility to make sure that the Solar Energy System(s) are positioned in such a way
that they will achieve the optimal energy production Practicable. It is the responsibility
of the Applicant, installer, or developer to obtain any and all rights, easements, or
agreements as are or may be necessary to acquire and maintain a line of sight to the sun,
if necessary.
613.3 The installation of any Wind Energy Conversion System does not carry with it a right to
an uninhibited wind resource. It is understood that an Applicant, installer, or developer
has the responsibility to make sure that the Wind Energy Conversion System(s) are
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positioned in such a way that they will achieve the optimal energy production Practicable.
It is the responsibility of the Applicant, installer, or developer to obtain any and all rights,
easements, or agreements as are or may be necessary to acquire and maintain an
uninhibited wind resource, if necessary.
613.4 No Solar Energy System or Wind Energy Conversion System shall be located in a manner
as will unreasonably reduce or impede the amount of sunlight or air available to any
adjacent lot.
613.5 No Solar Energy System or Wind Energy Conversion System shall be located in a manner
as to reduce or impede the function of any other pre-existing Solar Energy System or
Wind Energy Conversion System, or any radio or microwave communication device.
613.6 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 Town of Lansing Code.
613.7 Any Alternative Energy System, including all Solar Energy Systems and Wind Energy
Conversion Systems that produce electricity primarily for active farming or agricultural
uses, where the generation is less than one hundred and ten percent (110%) of the farm
use, are exempt from Site Plan Review or Zoning Permit review if, in the determination
of the zoning officer, the following standards are demonstrated and met: (i) all building,
electrical, fire and other codes have and will be adhered to; (ii) where required, applicable
permits and approvals will be, or have been, obtained for interconnection with any
distributed electric power system, including distribution or metering to any local or
regional electrical grid; and (iii) all other applicable zoning rules, such as yardage and
setbacks, have been duly met.
613.8 All Alternative Energy Systems require building permits.
613.9 Alternative Energy Systems that require a zoning permit but which do not meet the
zoning permit requirements for any one or more reasons shall be permitted if an
appropriate variance is obtained.
613.10 No grid-tied Solar Energy System may be installed until the Applicant has submitted
evidence that the utility company has been informed of the customer’s intent to install an
interconnected customer-owned generator or meter, including the receipt of
documentation from said utility that it will connect the system. Off-grid systems shall be
exempt from this requirement.
D. Existing § 702.13 is renumbered to § 702.16 in order to remain at the end of the zoning permit rules.
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E. A new § 702.13 is added and replaces the old section numbered thusly, which new § 702.13 reads as
follows:
702.13 Small-Scale Solar Energy System Zoning Permit Requirements
702.13.1 Building permits are required for all Solar Energy System installations except Solar
Energy Systems under 1,000 watts not grid-tied or connected to a building or Accessory
Structure.
702.13.2 Small-Scale Solar Energy Systems that are Building-Integrated Solar Energy Systems are
allowed in all Zoning Districts. Such systems must be:
i. Mounted or integral to a lawfully-permitted building or structure;
ii. To the maximum extent Practicable, Solar Energy Systems must not obscure
architectural details or features; and
iii. May not be installed in required open space or buffer areas, park or
playground/recreational set-aside areas, in required front yards, or within any
required side or rear yard setbacks, or in a manner as violates any bulk, density,
coverage or yardage rules for the zone in which situate.
702.13.3 Small-Scale Solar Energy Systems that are Small-Scale Ground-Mounted Solar Energy
Systems are allowed in all Zoning Districts and must meet the following requirements:
i. No components of Ground-Mounted Solar Energy Systems shall exceed 18 feet
above finished grade when the system is oriented at maximum tilt from horizontal.
ii. All such systems must meet all setback and yardage requirements as are required
of principal buildings or structures in the applicable zoning district.
iii. The horizontal surface area covered by Ground-Mounted Solar Energy Systems
must be included in total lot coverage calculations and, when combined with the
coverage of other structures, the total area must not violate any Minimum Open
Space required in the underlying zoning district. In Planned Development Areas
that do not reference underlying bulk or area requirements for Solar Energy
Systems, the addition of a ground-mounted system shall not create or extend any
lot coverage beyond 25%.
iv. Ground-Mounted Solar Energy Systems are not permitted in any front yard and
must be sited entirely behind the Front Yard Line as depicted in Section 504,
Schedule II – Drawing 1.
F. A new § 702.14 is added and reads as follows:
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702.14 Non-Tower Based Wind Energy Conversion System Zoning Permit Requirements
702.14.1 Building-integrated or mounted unit systems must be mounted or integral to a lawfully
permitted building or structure. However, no existing building can be re-purposed or
modified to serve as a Wind Energy Conversion System as a principal use, and no existing
structure may be retrofitted to support a new Wind Energy Conversion System without
the certification by a licensed New York State Engineer confirming the inspection of and
the structural integrity of the building or structure.
702.14.2 Rooftop installations must be setback from roof edges a minimum of 18” and must meet
the height requirements for the Zoning District where installed, when measured from the
average grade to the highest point of the system.
702.14.3 Rooftop installations may extend a maximum of 6' above the roof line or to the height
limit allowed by the requirements of the Code, whichever is lower.
702.14.4 No components shall exceed 18' above average original ground elevation levels if not
building-mounted.
702.14.5 All setback and yardage requirements as are required of principal buildings or structures
in the applicable zoning district, and any non-building mounted system must be
calculated in determining Minimum Open Space requirements. In Planned Development
Areas that do not reference underlying bulk or area requirements for Wind Energy
Conversion Systems, the addition of a ground-mounted system shall not create or extend
any lot coverage beyond 25%.
702.14.6 Non-building mounted systems are not permitted in any front yard and must be sited
entirely behind the Front Yard Line as depicted in Section 504, Schedule II – Drawing 1.
702.14.7 Noise attributable to a Non-Tower Based Wind Energy Conversion System cannot exceed
42 dBA during daytime hours (6am-10pm) and 35 dBA during nighttime hours (10pm-
6am) as measured from the property lines of the lot upon which the same is/are to be
installed.
702.14.8 All systems and components shall be camouflaged and designed to be architecturally
consistent with buildings and yards on the lot.
G. A new § 802.18 is hereby added as follows:
802.18 Solar Energy Facility Special Conditions, including for Site Plan Review
802.18.1 All Solar Energy Facilities require Site Plan review and approval by the Planning Board.
A Development Review Application must be accompanied by all the appropriate
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application fees, forms, and number of copies of all plans and supporting documentation,
including but not limited to the following:
i. A State Environmental Quality Review Act (“SEQRA”) environmental assessment
form, substantially completed, with accompanying data, schedules and mappings
as reasonably requested by the Town.
ii. Evidence that a copy of the Development Review Application, and submittals
outlined below, have been submitted to the appropriate Fire Chief, together with
a copy of shut-off switching diagrams.
iii. An emergency response plan.
iv. The location and nature of any proposed utility easements and infrastructure,
including a utility plan if required by the Town, and including a one- or three-line
electrical diagram detailing the Solar Energy Facility, associated components, and
electrical interconnection methods, with all National Electrical Code compliant
disconnects and overcurrent devices.
v. Identification of areas of potential environmental sensitivity, including Distinctive
Views as enumerated in the Tompkins County Scenic Resources Inventory; onsite
or nearby Unique Natural Areas; slopes greater than 15%; floodplains; historic
sites; airports; government lands; conservation easements; trails; parkland; prime
soils; and wetlands (including wetland delineations, as required).
vi. Plans or drawings of the Solar Energy Facility prepared by a Registered
Professional Engineer licensed in the State of New York, showing the proposed
layout of the system and any potential shading of and from nearby structures or
vegetation.
vii. Documentation of solar collector type including but not limited to equipment
specification sheets for all Solar Panels and collectors, significant components,
mounting systems, and inverters that are to be installed, as well as proposed solar
energy production Nameplate Capacity design levels proposed for the Solar
Energy Facility and the basis for the calculations of the area of the Solar Energy
Facility’s Nameplate Capacity.
viii. Documentation of actual or prospective access and control of the project site
sufficient to allow for construction and operation of the proposed installation.
ix. An operation and maintenance plan, including description of continuing Solar
Energy Facility maintenance and property upkeep, such as mowing and trimming,
safe access to the installation, as well as general procedures for operational
inspections and maintenance of the installation.
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x. A Stormwater Pollution Prevention Plan (SWPPP) as required by the Town of
Lansing Stormwater and Erosion Control Local Law.
xi. Name, address and contact information for the proposed system installer, together
with proof of liability insurance showing compliance with industry standards.
xii. A decommissioning plan and related securitization of such obligation, as furth er
set forth in this Chapter.
802.18.2 Additional review processes and requirements:
i. No review shall commence until it is determined by the Planning Board that the
application and the Site Plan submissions are substantially complete.
ii. At the expense of the Applicant the Town may employ its own consultant(s) to
examine the application and related documentation and make recommendations
as to whether the criteria for granting approval (s) have been met, including
whether the Applicant’s conclusions regarding safety, visual impacts, structural
integrity, and stormwater management are accurate and comply with generally
accepted and reliable engineering and technical data and standards.
iii. The facility must demonstrate compliance with all federal and state laws and all
applicable rules and regulations promulgated by any federal or state agencies
having jurisdiction.
802.18.3 Height. Solar collection devices are limited to a maximum height of 18’ feet when the
system is oriented at maximum tilt from horizontal. Movable or tracking systems are
permitted, but must meet this 18’ maximum height rule.
802.18.4 Coverage. The horizontal surface area covered by solar collection devices must be
included in total lot coverage and, when combined with the coverage of other structures,
the total area must not exceed the maximum lot coverage as permitted in the underlying
zoning district.
802.18.5 Appurtenant structures. All appurtenant structures to Solar Energy Facilities, including
but not limited to equipment structures, storage facilities, Battery Energy Storage
containers, transformers, and substations, must be architecturally compatible with each
other. Whenever Practicable, structures should be screened from view by vegetation and
joined or clustered to avoid or minimize adverse visual impacts.
802.18.6 Visual Effect. The Solar Energy Facility must have the least visual effect reasonably
Practicable on the environment, as determined by the Planning Board. The determination
must be based on site specific conditions including topography, adjacent structures, and
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roadways. Solar Energy Facilities must avoid clearing extensive areas of forest, and
Practicable efforts must be made to minimize visual impacts by preserving natural
vegetation and providing dense evergreen landscape screening to abutting residential
properties and roads, yet screening should minimize the shading of solar collectors.
802.18.7 Soils. Solar Energy Systems sited on Prime Farmland or Farmland of Statewide
Importance may be required to seed up to twenty percent (20%) of the total surface area
of panels on the lot with native perennial vegetation designed to attract pollin ators. The
Planning Board may specify free-standing ballast or racking systems. All topsoil will be
stockpiled immediately adjacent to the area where stripped/removed and shall be used
for restoration on that particular site. No topsoil shall be removed fr om the site. The Site
Plan shall clearly designate topsoil stockpile areas in the field and on the construction
drawings. Where Practicable, actively farmed prime agricultural soil should be avoided
or protected and in agricultural districts actively farmed prime agricultural soils and soils
of state wide importance shall be avoided or protected.
802.18.8 Fencing. Notwithstanding the provisions found in §611, fences not exceeding eight (8)
feet in height, including open-weave and solid fences, shall be permitted for the purpose
of screening or enclosing Solar Energy Facilities. Fencing to prevent unauthorized access
shall enclose Solar Energy Facilities. Warning signs with the owner’s name and
emergency contact information must be placed on any access point to the system and on
the perimeter of the fencing. Landscaping or planted buffers are required to avoid
adverse aesthetic impacts, and fencing or walls may be required and fences or walls,
where required, shall tend towards solid-cover visual buffers that emphasize natural
materials and muted color schemes. Chain link, barbed, razor, and concertina wires,
electrically charged wire, railroad ties, concrete masonry units, scrap metal, tarped, and
cloth fences and accessory parts should be avoided.
802.18.9 Utilities. Practicable efforts, as determined by the Planning Board, shall be made to place
all utility connections for the Solar Energy Facility underground, depending on
appropriate soil conditions, shape, and topography of the site and any r equirements of
the utility provider. When aboveground cables and transmission lines must cross
agricultural fields, utility poles that provide longer spanning distances should be located
on field edges to the greatest extent Practicable to avoid bisecting of agricultural lands.
Electrical transformers for utility interconnections may be aboveground if required by the
utility provider.
802.18.10 Lighting. Motion-activated or staff-activated security lighting around the equipment area
of a Solar Energy Facility or Accessory Structure entrance may be installed, provided that
such lighting meets International Dark-Sky Association or similar standards and does not
produce unreasonable fugitive light or glare from the project site. Such lighting should
only be activated when the area within the fenced perimeter has been entered.
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802.18.11 Ingress and Egress. Any new on-site vehicular paths within the site shall be designed to
minimize the extent of impervious materials and soil compactio n; they should not be
more than sixteen (16) feet in width and should be constructed at grade. A locked gate at
the intersection of the access way and a public road may be required to obstruct entry by
unauthorized vehicles. Such gate must be located entirely upon the lot and not on the
public Right-of-Way. Fencing, gates, and other locked or secured/inaccessible areas
require a lock-box for emergency and fire access as required by code.
802.18.12 Parking. Equipment and vehicles not used in direct support, renovations, additions or
repair of any Solar Energy Facility must not be stored or parked on the facility site.
802.18.13 Siting Restrictions. Solar Energy Facilities should not be located in the following areas
unless otherwise approved by the Planning Board in conjunction with a Site Plan review
process:
i. Critical Environmental Areas as designated by the Town of Lansing , Areas of
special flood hazard concern as defined by the Town of Lansing Flood Damage
Prevention and Flood Plain Management and Construction Local Law; Adjacent
to or within the control zone of any airport; Upon properties that constitute public
trust lands, unless consistent with the purposes of such public trust, and in
jurisdictional wetlands and wetlands duly declared to be of local importance.
ii. On slopes of greater than fifteen percent (15%). The Planning Board may specify
free-standing ballast or racking systems that match existing elevations and contour
variations.
iii. Within 100 feet of perennial streams and within 50 feet of intermittent streams.
802.18.14 Abandonment and Decommissioning. A Decommissioning Plan shall be submitted with
each Application in accordance with § 802.21 of this Chapter. Approval of the
Decommissioning Plan by the Town Planning Board shall be required, including under
Site Plan review. Removal of Solar Energy Facilities must be completed in accordance
with the Decommissioning Plan. If the Solar Energy Facility 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.
H. A new § 802.19 is hereby added as follows:
802.19 Wind Energy Conversion Systems Special Conditions, including for Site Plan Review
802.19.1 A building permit and electrical permitting is required for all Wind Energy Conversion
System installations, and this Section (and its subsections) do not apply to Non-Tower
Based Wind Energy Conversion Systems mainly intended to generate energy for on -site
use, and are instead regulated by § 702.14 of this Chapter.
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802.19.2 Wind Energy Conversion Systems are not permitted in any front yard and must be sited
entirely behind the front building line of the principal building on the lot. If the wind
energy conversion system is the principal use on the lot, it must meet all yardage, setback,
and related zoning requirements for the zone(s) in which situated.
802.19.3 No existing structure shall be modified to serve as a Wind Energy Conversion System
Tower.
802.19.4 No existing wind Tower shall be retrofitted to support a new Wind Energy Conversion
System without the certification by a licensed New York State Engineer confirming the
inspection and the structural integrity of the existing Tower.
802.19.5 The Fall Zone must be wholly within the setback and yardage rules for the zone in which
the Tower is situate. If the Fall Zone crosses any zoning district line, the more restrictive
setback and yardage rules shall apply. The Fall Zone around any ground-mounted Tower
constructed as part of a Wind Energy Conversion System shall be a circular area around
the Tower, the center point of which is marked by the center of the base of the Tower,
with a radius at least equal to the facility's height plus 10 feet. The entire Fall Zone may
not include public roads, overhead transmission lines, above-ground fuel storage or
pumping facilities, or human-occupied buildings, and must be located on property
owned by a Participating Residence or Occupied Building. The minimum setback
between the center of the base of the Tower and any unoccupied buildings or other
structures is 15 feet.
802.19.6 No Tower or structure shall exceed 200’ in overall height as measured from the average
pre-construction ground surface elevation to highest point of any part of the facility, with
moving parts measured at the highest points of their extensions.
802.19.7 Noise attributable to a Wind Energy Conversion System cannot exceed 42 dBA during
daytime hours (6am-10pm) and 35 dBA during nighttime hours (10pm-6am) at the
nearest outside wall of a Non-Participating Residence or Occupied Building. In addition,
short term (15-minute maximum) maximum design standard noise levels shall not exceed
50 dBA. In the event audible noise due to wind energy conversion system operations
contains a steady pure tone, the owner shall promptly take corrective action to
permanently eliminate the noise. An owner of a Non-Participating Residence or
Occupied Building may waive noise limit requirements with a written Mitigation Waiver
agreement. A manufacturer’s proof of third-party certification of noise levels to the latest
AWEA (American Wind Energy Association) published standard at the time of
application showing sound level testing that meets the above criteria shall be accepted as
noise design compliance for permitting, installation and operating purposes.
802.19.8 All wind energy facilities shall be installed by a qualified wind energy installer and, prior
to operation, the electrical connections and structural integrity must be inspected by a
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Town Code Enforcement Officer and by appropriate electrical and structural inspection
persons or agencies, as determined by the Town.
802.19.9 If connected to a public utility system for net-metering purposes, all wind energy
conversion systems shall meet the requirements for interconnection and operation as set
forth in the public utility's then-current service regulations applicable to wind power
generation facilities, and the connection shall be inspected by the appropriate public
utility.
802.19.10 No Wind Energy Conversion System shall be used for signage, promotional or
advertising purposes, including but not limited to company names, phone numbers,
banners, streamers, and balloons. Reasonable identification of the manufacturer or owner
of the wind energy facility or fencing is permitted.
802.19.11 Wind Energy Conversion Systems shall be painted or finished with a non-reflective,
unobtrusive color that blends the system and its components into the surrounding
landscape to the greatest Practicable extent, and shall incorporate non-reflective surfaces
to minimize visual disruption.
802.19.12 No Wind Energy Conversion System shall be artificially lighted except to the extent
required by the Federal Aviation Administration or other applicable authority , or for
safety and access/repair lighting. Motion sensing lighting or control switching is
preferred for lighting, including to minimize fugitive light and glare.
802.19.13 Abandonment and Decommissioning. A Decommissioning Plan shall be submitted with
each Application in accordance with § 802.21 of this Chapter. Approval of the
Decommissioning Plan by the Town Planning Board shall be required, including under
Site Plan review. Removal of all Wind Energy Conversion Systems must be completed in
accordance with the Decommissioning Plan. If the Wind Energy Conversion System and
all site facilities are 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.
I. A new § 802.20 is added as follows:
802.20 Large-Scale Battery Energy Storage Systems Special Conditions, including for Site
Plan Review
802.20.1 Building and electrical permits shall be required for all battery energy storage systems. A
development review application must be accompanied by all the appropriate application
fees, forms, and number of copies of all plans and supporting documentation, including
but not limited to the following:
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i. A State Environmental Quality Review Act (“SEQRA”) environmental assessment
form, substantially completed, with accompanying data, schedules and mappings
as reasonably requested by the Town.
ii. Evidence that a copy of the Development Review Application, and submittals
outlined below, have been submitted to the appropriate Fire Chief, together with
a copy of shut-off switching diagrams.
iii. An emergency response and Fire Safety Compliance Plan. Such plans shall
document and verify that the system and its associated controls and safety systems
are in compliance with the applicable fire prevention code, including procedures
for safe shutdown, de-energizing, or isolation of equipment and systems under
emergency conditions and emergency procedures to be followed in case of fire,
explosion, release of liquids or vapors, damage to critical moving parts, or other
potentially dangerous conditions.
iv. The location and nature of any proposed utility easements and infrastructure,
including a utility plan if required by the Town, and including a one- or three-line
electrical diagram detailing battery installations, associated components, and
electrical interconnection methods, with all National Electrical Code compliant
disconnects and overcurrent devices.
v. Identification of areas of potential environmental sensitivity, including onsite or
nearby Unique Natural Areas; slopes greater than 15%; floodplains; historic sites;
airports; government lands; conservation easements; trails; park land; prime soils;
and wetlands (including wetland delineations, as required).
vi. A preliminary equipment specification sheet that documents the proposed Battery
Energy Storage System components, inverters and associated electrical equipment
that are to be installed. A final equipment specification sheet shall be submitted
prior to the issuance of building permit.
vii. A Commissioning plan or related documents that verify that the system and its
associated controls and safety systems are in proper working condition, as
conducted and prepared by a New York State Licensed Professional Engineer or
Registered Architect after the installation is complete but prior to final inspection
and approval. A corrective action plan shall be developed for any open or
continuing issues that are allowed to be continued after Commissioning. A report
describing the results of the system Commissioning and including the results of
the initial acceptance testing shall be provided to the Planning Board prior to final
inspection and approval and maintained at an approved on-site location.
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viii. A system and property operations and maintenance plan describing continuing
Battery Energy Storage System maintenance and property upkeep, as well as
design, construction, installation, testing and Commissioning information.
ix. A description of any battery rotation or replacement cycles or operational plans,
including whether the batteries are for stand-by power to be distributed on the site
or to charge batteries for off-site use.
x. A Stormwater Pollution Prevention Plan (SWPPP) as required by the Town of
Lansing Stormwater and Erosion Control Local Law.
xi. Name, address and contact information for the proposed system installer, together
with proof of liability insurance showing compliance with industry standards.
xii. A Decommissioning plan and related securitization of such obligation, as further
set forth in § 802.21 of this Chapter. Battery removal/disposal is required for
Decommissioning.
802.20.2 Additional review processes and requirements:
i. No review shall commence until it is determined by the Planning Board that the
application and the site plan submissions are substantially complete.
ii. At the expense of the Applicant, the Town may employ its own consultant(s) to
examine the application and related documentation and make recommendations
as to whether the criteria for granting approval(s) have been met, including
whether the Applicant’s conclusions regarding safety, visual impacts, structural
integrity, and stormwater management are accurate and comply with generally
accepted and reliable engineering and technical data and standards.
i. The facility must demonstrate compliance with all federal and state laws and all
applicable rules and regulations promulgated by any federal or state agencies
having jurisdiction.
802.20.3 Large-Scale Battery Energy Storage Systems shall be sited to minimize impacts to the
following areas and types of lands:
i. Designated Agricultural Districts and actively-farmed prime agricultural soils as
identified by the United States Department of Agriculture-Natural Resources
Conservation Service (USDA-NRCS), or alternative available resource.
i. Critical Environmental Areas as designated by the Town of Lansing , areas of
special flood hazard concern as defined by the Town of Lansing Flood Damage
Prevention and Flood Plain Management and Construction Local Law; Adjacent
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to or within the control zone of any airport; Upon properties that constitute public
trust lands, unless consistent with the purposes of such public trust, and in
jurisdictional wetlands and wetlands duly declared to be of local importance.
iii. On slopes of greater than fifteen percent (15%).
iv. Within 100 feet of perennial streams and within 50 feet of intermittent streams.
802.20.4 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.
802.20.5 Signage shall be in compliance with ANSI Z535 and shall include the type of technology
associated with the battery energy storage systems, any special hazards associated
therewith, the type of suppression system installed in the area of battery energy storage
systems, and 24-hour emergency contact information. As required by the National
Electrical Code, 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.
802.20.6 Lighting of the battery energy storage systems shall be limited to that minimally required
for safety and operational purposes and shall be shielded and downcast from abutting
properties to the extent reasonably Practicable.
802.20.7 Areas within 10’ feet on each side of Large-Scale Battery Energy Storage Systems shall be
cleared of combustible vegetation and other combustible growth. Single specimens of
trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or
similar plants used as ground covers shall be permitted to be exempt provided that they
do not form a means of readily transmitting fire. Removal of trees should be minimized
to the extent Practicable.
802.20.8 The accumulation, collection, incineration, disposal, or storage of old, unusable, dead, or
damaged batteries is expressly prohibited.
J. A new § 802.21 is added as follows:
802.21 Abandonment and Decommissioning of Battery Energy Storage Systems, Solar Energy
Facilities, and Wind Energy Conversion Systems
802.21.1 A Decommissioning Plan shall, at a minimum, contain the following elements and meet
the following requirements.
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i. Specify when and what constitutes an event requiring decommissioning,
including abandonment of the facility. In all cases the lack of production for 6
months (or for 12 of any 18 months) and the violation of any site plan conditions,
the lack of a current permit or violation of permit conditions, including but not
limited to maintenance of any required decommissioning bond or security, shall
be an event requiring decommissioning.
ii. Specify the form and type of notice required to the Town in the event of any
decommissioning, sale, transfer, partial transfer, assignment, or occurrence of any
event which may result in an act or partial order requiring partial or complete
decommissioning of the site.
iii. The means and methods by which utility interconnections will be removed and
permitted by the utility provider, as well as all electrical and other safety
precautions undertaken during removal.
iv. All decommissioning and restoration activities shall be completed within 150 days
of the date decommissioning was ordered or required, including under the plan.
v. Demonstrate the removal of all Solar Panels, Battery Energy Storage Systems,
wind turbines, electrical appurtenances, Towers, structures, equipment, security
barriers and transmission lines.
vi. Demonstrate the minimization of disruption to field drains and soils, and the
remediation of drains and soils, including stabilization and revegetation of any
sites or disturbances, including as minimize erosion. Decompaction of soils to 18
inches and removal of any installed materials to 4 feet is required. The Planning
Board may allow the owner or operator to leave landscaping or designated below-
grade foundations in place to minimize erosion and disruption to vegetation in a
proper case, but generally all of the New York Department of Agriculture and
Markets’ Guidelines for Agricultural Mitigation for Wind Power Projects or Solar
Energy Projects, as applicable, shall be adhered to in any plan.
vii. Specify disposal of all solid and hazardous waste in accordance with local, state,
and federal waste disposal regulations, including the removal of any damage d or
contaminated soils. No designation of any facilities by a ‘beneficial use declaration’
shall be permitted to vary this clean-up and remediation/disposal rule.
viii. Include an expected timeline for execution, together with a cost estimate detailing
the projected cost of executing the Decommissioning Plan, duly prepared and
sealed by a Professional Engineer. Cost estimations must take inflation into
account over the expected life of project, and have a mechanism to ensure the
periodic updating and securitization of decommissioning costs.
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802.21.2 Removal of all Large-Scale Battery Energy Storage Systems, Solar Energy Facilities, and
Commercial Wind Energy Conversion Systems must be completed in accordance with
the Decommissioning Plan. If all site facilities are 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.
802.21.3 Financial Surety. An Applicant for a Large-Scale Battery Energy Storage System, Solar
Energy Facility, or Commercial Wind Energy Conversion Systems shall provide a form
of surety, either through Development Escrow Agreement, bond, letter or credit, or like
form approved by the Planning Board, to cover all costs of decommissioning and removal
calculated at a minimum of 125% of the approved estimated cost of decommissioning
and restoration. The estimate of costs shall be prepared by a licensed engineer and be
sealed accordingly, and the annual cost shall take into account New York State prevailing
wage rules and any inflationary rise in surety amounts covered, contain an evergreen
clause, or otherwise account for increases in the cost of decommissioning and restoration
in a manner as approved by the Planning Board. At a minimum, at least once every 3
years after any approval or permit is issued by the Town, the Applicant or then future
owner or operator of the facility shall provide updated certified cost estimate for
decommissioning, removal, and restoration, and if the resulting 125% cost requirement
shows that the exiting security or bond is monetarily insufficient, then the owner shall
update such bond or undertaking, or see to its replacement or supplementation in an
amount to equal such updated minimum 125% of cost number.
SECTION 5—ENFORCEMENT: Any violation of this Local Law shall be enforced in accordance with
this Chapter, the Code, or applicable law.
SECTION 6—SEVERABILITY: 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 must not affect the validity
or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase,
which must remain in full force and effect.
SECTION 7—EFFECTIVE DATE: This Local Law shall take effect immediately.
Adopted July 15, 2020