HomeMy WebLinkAboutLL #2 2017 (Solar Zoning)Town of Danby
Local Law No. 2 of 2017
Local Law to Amend the Zoning Ordinance
Related to Solar Energy Systems of the Town of Danby, New York
Adopted by Danby Town Board on 10-July-2017
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. Authority
This Local Law is adopted pursuant to Sections 261-263 of the Town Law of the State of
New York, which authorize 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 sun-
light necessary therefor.”
Section 2. Statement of Purpose
This Zoning for Solar Energy Systems Law is adopted to advance and protect the public
health, safety, and welfare of the Town of Danby in accordance with Danby’s Comprehen-
sive Plan, by:
1. Taking advantage of a safe,abundant,renewable energy resource;
2. Providing standards for the placement,design,construction,operation,
monitoring, modification, and removal of Solar Energy Facilities to address public safety,
minimize impacts on scenic, natural, and historic resources, and provide adequate financial
assurance for the eventual decommissioning of such installations;
3. Decreasing the cost of energy to the owners of commercial and residential proper-
ties; and
4. Managing the safety and aesthetic issues related to installation of Solar Energy
Systems.
Section 3. Applicability
The requirements of this law apply to all Solar Energy Systems installed or modified after its
effective date, excluding general maintenance and repair.
A. The installation of any Solar Energy System(s), as provided in this local law, does
not carry with it a right to a clear line of sight to the sun. It should be understood that an ap-
plicant, installer, or developer has the responsibility to ensure that the Solar Energy
System(s) are positioned in such a way that they will achieve optimal energy production. It
must be the responsibility of the applicant, installer, or developer to gain any and all ease-
ments or agreements to maintain a line of sight to the sun if necessary.
B. Prior to operation, electrical connections must be inspected by the Town building
inspector and by a qualified electrical inspector acceptable to the Town. Any connection to
the public utility grid must meet all applicable Town, State, Federal, and public utility laws,
rules, and regulations.
C. Storage Batteries: When solar storage batteries are included as part of the solar
energy system, they must be placed in a secure container or enclosure meeting the re-
quirements of the New York State Building Code when in use. Storage batteries no longer in
use must be disposed of in accordance with the laws and regulations of Danby, Tompkins
County, and all other applicable laws and regulations.
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Section 4: Amendments to the Zoning Ordinance
A.The Town of Danby Zoning Ordinance, Article III: entitled ‘Definitions,’ Section 301 -
DEFINED TERMS is amended by adding the following definitions: !
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM – A combination of photovoltaic build-
ing components integrated into any building envelope system such as vertical facades in-
cluding glass and other facade material, semitransparent skylight systems, roofing materials,
and shading over windows. !
BUILDING-MOUNTED SOLAR ENERGY SYSTEM – A Solar Energy System whose solar
energy collection components are located on the exterior of any legally permitted building or
structure or integrated into a building envelope for the purpose of producing electricity or
providing thermal energy. This system may be mounted to the roof or side of a structure or
be a Building-Integrated Photovoltaic System. !
GROUND-MOUNTED SOLAR ENERGY SYSTEM – A Solar Energy System for the primary
purpose of producing electricity for on-site consumption. The solar energy collection compo-
nents of a ground-mounted solar energy system are attached to a pole or other mounting
system anchored to the ground and detached from any other structure. !
LARGE-SCALE SOLAR ENERGY SYSTEM – A Solar Energy System for the primary pur-
pose of producing electricity for on-site consumption whose components cover a land area
between 5,001 and 10,000 square feet. Large-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 in accordance with the law. !
NAMEPLATE CAPACITY – The maximum rated output of the electric power production of
the photovoltaic system in Direct Current (DC). !
PRACTICABLE – Capable of satisfying the overall project purposes, after taking into con-
sideration cost, time, technology, and logistics. !
RIGHT-OF-WAY – The total width of any land reserved or dedicated as a thoroughfare, al-
ley, pedestrian or bicycle way, railway, waterway, or utility line. !
SMALL-SCALE SOLAR ENERGY SYSTEM – A Building-Mounted Solar Energy System
whose photovoltaic components occupy an area greater than 150 square feet on any code-
compliant structure, or a Ground-Mounted Solar Energy System whose components cover a
land area less than 5,000 square feet and whose energy output is primarily for on-site con-
sumption. 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 in accordance with the
law. !
SOLAR ENERGY EQUIPMENT – Electrical energy storage devices, material, hardware, in-
verters, or other electrical equipment and conduits associated with the production of electri-
cal energy by photovoltaic devices. !
SOLAR ENERGY FACILITY – Ground-mounted, free-standing solar collection devices, solar
energy related equipment, and other associated infrastructure whose components cover a
land area greater than 10,000 square feet, or have a nameplate capacity of 25kW DC or
TownBoard_LL #2 of 2017; Solar Energy Systems Zoning • Wednesday, July 19, 2017 Page ! of ! 2 9
greater. The primary intention of a Solar Energy Facility is the generation of electricity or
other conversion of solar energy to a different form of energy for commercial or off-site sale
to a public utility in accordance with the law. !
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 other-
wise converting solar energy to a different form of energy. !
SOLAR PANEL - A photovoltaic device capable of collecting and converting solar energy
into electrical energy. !!
B.The Town of Danby Zoning Ordinance, Article VI: entitled ‘Zone Regulations,’ Section
600 – LOW DENSITY RESIDENTIAL ZONE is amended by adding the following to
Sub-section 2. PERMITTED ACCESSORY USES:
e. Building-Mounted Solar Energy System
f. Small-Scale Solar Energy System, subject to the provisions of Article VII: Special
Regulations, § 714 – SOLAR ENERGY SYSTEMS !!
C.The Town of Danby Zoning Ordinance, Article VI: entitled ‘Zone Regulations,’ Section
600 – LOW DENSITY RESIDENTIAL ZONE is amended by adding the following to
new Sub-section 10. USES PERMITTED BY SITE PLAN REVIEW ONLY: !
a. Solar Energy Facility, subject to the provisions of Article VII: Special Regulations, §
714 – SOLAR ENERGY SYSTEMS and § 808 – SOLAR ENERGY FACILITIES
b. Large-Scale Solar Energy System, subject to the provisions of Article VII: Special
Regulations, § 714 – SOLAR ENERGY SYSTEMS !
D.The Town of Danby Zoning Ordinance, Article VI: entitled ‘Zone Regulations,’ Section
603 – COMMERCIAL TARGET AREA is amended by adding the following to Sub-
section 2 (a) PERMITTED USES IN A COMMERCIAL ZONE "A" UPON APPROVAL
OF THE SITE PLAN: !
x. Large-Scale Solar Energy System, subject to the provisions of Article VII: Special
Regulations, § 714 – SOLAR ENERGY SYSTEMS !
E.The Town of Danby Zoning Ordinance, Article VI: entitled ‘Zone Regulations,’ Section
605 – MOBILE HOME PARK ZONE is amended by adding the following to Sub-sec-
tion 3. ACCESSORY USES: !
g. Building-Mounted Solar Collection System, subject to the provisions of Article VII:
Special Regulations, § 714 – SOLAR ENERGY SYSTEMS
h. Building-Mounted Solar Energy System !
F.The Town of Danby Zoning Ordinance, Article VII: Special Regulations is amended
by adding a new Section 714, entitled ‘SOLAR ENERGY SYSTEMS’ as follows: !
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SECTION 714 – SOLAR ENERGY SYSTEMS
1.ALL SYSTEMS.
a.Building Permits are required for all solar energy systems.
b.To the maximum extent practicable, solar panels must not obscure architec-
tural details or features.
c.No grid-tied solar energy system may be installed until the applicant has
submitted evidence that the utility company has been informed of the cus-
tomer’s intent to install an interconnected customer-owned generator as well
as documentation from said utility that it will connect the proposed customer-
owned generator into its power grid. Off-grid systems shall be exempt from
this requirement.
d.Solar Energy Systems that produce electricity primarily for active farming or
agricultural uses, where the generation is less than one hundred and ten per-
cent (110%) of the farm use, are exempt from Site Plan Review.
e.Installation of solar energy systems are prohibited in:
i.Required open space;
ii.Required buffers; or
iii.Park set-aside areas required as a condition of subdivision approval.
2.BUILDING-MOUNTED SOLAR COLLECTION SYSTEMS
a.Building-Mounted Solar Energy Systems that use the electricity on-site or off-
site are permitted as an accessory use in all zoning districts, including
Planned Development Zones, when attached to any lawfully permitted build-
ing or structure.
b.Building-Mounted Solar Energy Systems mounted on a flat roof may project
no more than 15 feet above the roof surface, and must be set back at least 18
inches from the roof edge.
c.The highest point of a Building-Mounted Solar Energy System installations on
a sloped roof must not exceed the highest point of the roof to which it is at-
tached as allowed by setback requirements.
3.GROUND-MOUNTED SYSTEMS
a.All Ground-Mounted Systems.
i.Ground-mounted Solar Energy Systems are limited to a maximum
height of twenty (20) feet when system is oriented at maximum tilt
from horizontal.
ii.Ground-Mounted Solar Energy Systems required to meet the same
setback requirements as any other principal building in the underlying
zoning district.
iii.Ground-Mounted Systems shall not be permitted in a front yard unless
the Applicant demonstrates that the rear yard locations will not result
in acceptable solar access.
iv.The horizontal surface area covered by Ground-Mounted Solar Ener-
gy Systems must be included in total lot coverage and, when com-
bined with the coverage of other structures, the total area must not
exceed the maximum lot coverage permitted in the underlying zoning
district. In Planned Development Zones that do not reference underly-
ing zoning, the maximum lot coverage is 25%.
4.SOLAR ENERGY FACILITIES
a.Solar collection devices are limited to a maximum height of twenty (20) feet
when system is oriented at maximum tilt from horizontal.
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b.Solar collection devices must be located outside the minimum side yard and
rear setbacks of seventy-five (75) feet; the minimum front yard setback is fifty
(50) feet. The minimum setback to an inhabited structure on an adjacent lot
must be one hundred (100) feet.
c.The horizontal surface area covered by solar collection devices must be in-
cluded in total lot coverage and, when combined with the coverage of other
structures, the total area must not exceed the maximum lot coverage as per-
mitted in the underlying zoning district.
d.All appurtenant structures to Solar Energy Facilities, including but not limited
to equipment shelters, storage facilities, transformers, and substations, must
be architecturally compatible with each other. Whenever reasonable, struc-
tures should be screened from view by vegetation and/or joined or clustered
to avoid adverse visual impacts.
e.Fencing to prevent unauthorized access may enclose Solar Energy Facilities
mounted on the ground. Warning signs with the owner’s name and emer-
gency contact information must be placed on any access point to the system
and on the perimeter of the fencing. Landscaping or planted buffers required
to avoid adverse aesthetic impacts, as approved by the Planning Board, must
further screen the fencing and the system.
f.Reasonable efforts, as determined by the Planning Board, shall be made to
place all utility connections for the Solar Energy Facility underground, de-
pending on appropriate soil conditions, shape, and topography of the site and
any requirements of the utility provider. Electrical transformers for utility inter-
connections may be above ground if required by the utility provider.
g.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 does not project off the site. Such lighting should
only be activated when the area within the fenced perimeters has been en-
tered.
h.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 locat-
ed entirely upon the lot and not on the public right-of-way.
i.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.
j.Solar Energy Facilities must not be located in the following areas, unless oth-
erwise approved by the Planning Board in conjunction with a Site Plan Re-
view process as provided in Article VIII:
i.Ten (10) acre or greater extents of actively-farmed prime agricultural
soils as identified by the United States Department of Agriculture-Nat-
ural Resources Conservation Service (USDA-NRCS) or alternative
available resource.
ii.Areas of potential environmental sensitivity, such as Unique Natural
Areas as designated by the Tompkins County Environmental Man-
agement Council; Critical Environmental Areas as designated by the
Town of Danby; one-hundred year floodplains FEMA Zones A or AE;
adjacent to or within the control zone of any airport; state-owned
lands; properties encumbered by conservation easements; public
trails; parkland; or designated wetlands.
iii.On slopes of greater than fifteen percent (15%) unless the Applicant
can demonstrate through engineering studies and to the satisfaction of
the Town Code Enforcement Officer that the proposed development
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will not create any adverse environmental impact that will not be satis-
factorily mitigated.
iv.Within the front yard, if any above-ground portion of the system is
within 100 feet of a Public Highway right-of-way.
v.Within 100 feet of perennial streams and within 50 feet of intermittent
streams.
k.Abandonment and Decommissioning. The owner or operator shall physically
remove the installation no more than 150 days after the date of discontinued
operations. The owner or operator shall notify the Planning Board by certified
mail of the proposed date of discontinued operations and plans for removal.
To ensure the proper removal of Solar Energy Facilities, a Decommissioning
Plan must be submitted as part of the Application. Compliance with this plan
is a condition of the granting of a Site Plan approval under Article VII, Section
808.
1.The Decommissioning Plan must:
1)Specify that after the Solar Energy Facility can no longer be
used or has reached the end of its useful life, it must be re-
moved by the Applicant or any subsequent owner.
2)Demonstrate the removal of all solar panels, structures,
equipment, security barriers and transmission lines
3)Demonstrate the remediation of soil stabilization and/or re-
vegetation of the site as necessary to minimize erosion. The
Planning Board may allow the owner or operator to leave land-
scaping or designated below-grade foundations in order to
minimize erosion and disruption to vegetation.
4)Specify disposal of all solid and hazardous waste in accor-
dance with local, state, and federal waste disposal regulations.
5)Include an expected timeline for execution.
6)A cost estimate detailing the projected cost of executing the
Decommissioning Plan must be prepared by a Professional
Engineer. Cost estimations must take inflation into account.
2.Removal of Solar Energy Facilities must be completed in accordance with the De-
commissioning 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.
l.Financial Surety. An Applicant for a Solar Energy Facility shall provide a form
of surety, either through Development Escrow Agreement or bond, to cover
the cost of removal in the event the Town must remove the installation and
remediate the landscape, in an amount and in a form acceptable to the Town
Attorney but in no event to exceed more than 125 percent of the cost of re-
moval and compliance with the additional requirements set forth herein, as
determined by the Applicant. The Applicant shall submit a fully inclusive esti-
mate of the costs associated with removal, prepared by a qualified engineer.
The amount shall include a mechanism for calculating increased removal
costs due to inflation or changes to disposal regulations. !
G.The Town of Danby Zoning Ordinance, Article VII: SITE PLAN REVIEW AND AP-
PROVAL PROCEDURES is amended by adding a new Section 808, entitled ‘SOLAR
ENERGY FACILITY’ as follows: !
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Section 808 - SOLAR ENERGY FACILITY
1.Application Requirements. The Development Review Application must be accompa-
nied by all the appropriate application fees, forms, and number of copies of all plans
and supporting documentation, including but not limited to the following:
a.In fulfilling the requirements of the State Environmental Quality Review Act
(“SEQRA”), the Planning Board may require an Environmental Assessment
Form (“EAF”) for the proposed Solar Energy Facility. The Planning Board may
require submittal of a more detailed visual analysis based on the information
in, or analysis of, the EAF.
b.Evidence that a copy of the Development Review Application and submittals
outlined below has been submitted to the appropriate Fire Chief (Danby Fire
District or West Danby Fire Department). All means of shutting down the pho-
tovoltaic solar energy system must be clearly marked on the Site Plan and
building permit applications. Upon request, the owner or operator shall coop-
erate with local emergency services in developing an emergency response
plan.
c.Site Plan of the Solar Energy Facility by a Registered Professional Engineer
licensed in the State of New York, at a scale of one inch equals forty feet (1” =
40') showing the proposed layout of the system, in accordance with the re-
quirements of Article VII and this section, including, without limitation:
i.North arrow and context map of development within 100 feet of the
site, including location and scale of principal buildings;
ii.Property boundaries and physical features, including roads;
iii.Name/Description and tax parcel number of project;
iv.Topography, proposed changes to the landscape of the site, grading,
vegetation clearing, including proposed drainage;
v.The zoning district, dimension of lots, property lines, and adjacent
rights-of-way on the subject property;
vi.Location of existing and proposed structures and site ingress and
egress points, including setbacks where applicable;
vii.Sign(s) location(s);
viii.The location, type, and intensity of any lighting on the site;
ix.The location, nature and extent of any existing and proposed fencing,
landscaping, and screening;
x.The location and nature of any proposed utility easements; and
xi.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; parkland; prime soils; and designated wetlands.
d.Plans or drawings of the Ground-Mounted Solar Photovoltaic Installation pre-
pared by a Registered Professional Engineer licensed in the State of New
York, showing the proposed layout of the system and any potential shading
from nearby structures or vegetation.
e.One or three line electrical diagram detailing the Ground-Mounted Solar Pho-
tovoltaic Installation, associated components, and electrical interconnection
methods, with all National Electrical Code compliant disconnects and overcur-
rent devices.
f.Documentation of solar collector type including but not limited to equipment
specification sheets for all solar panels and collectors, significant compo-
nents, mounting systems, and inverters that are to be installed as well as
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proposed solar energy production capacity design level proposed for the So-
lar Energy System and the basis for the calculations of the area of the Solar
Energy System’s capacity.
g.Documentation of actual or prospective access and control of the project site
sufficient to allow for construction and operation of the proposed installation.
h.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 maintenance of the installation.
i.A Stormwater Pollution Prevention Plan (SWPPP) as required by the
Stormwater Management and Erosion and Sediment Control Local Law.
j.Name, address and contact information for the proposed system installer.
k.Proof of liability insurance. The owner or operator of the Solar Energy Facility
shall provide the Town Clerk with a certificated of insurance showing that the
property has sufficient liability coverage pursuant to industry standards.
l.A submission that clearly delineates the party responsible for decommission-
ing at the end of the life of the system and in the event the owner of the sys-
tem abandons the system for any reason. Examples of such a document are
a surety bond or securitization obligation.
i. A Decommissioning plan as set forth in Article VII, Section 714, Sub-
section 3. b vi: “Abandonment and Decommissioning.”
2.Completeness Review. The Planning Board shall, within thirty (30) calendar days of
the receipt of the application by the Town Clerk, determine whether the application is
complete or incomplete and shall notify the applicant in writing by mail.
a.Incomplete Applications. If the Planning Board determines the application to
the incomplete, the Board shall provide the applicant with a written explana-
tion as to why the application is incomplete and request the information nec-
essary to complete the application. Any additional information submitted by
the applicant starts a new thirty (30) calendar day Completeness Review.
b.Complete Applications. When the Planning Board determines the application
to be complete, the Board shall notify the applicant in writing.
3.Upon the Applicant’s written request submitted as part of the application, the Plan-
ning Board may waive any requirements.
4.Approval Standards. The Town of Danby Planning Board must make findings of fact
on the following criteria:
a.Appearance and Buffering:
i.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 roadways. Solar Energy Facilities
must avoid clearing extensive areas of forest. Reasonable efforts must
be made to minimize visual impacts by preserving natural vegetation
and providing dense evergreen landscape screening to abutting resi-
dential properties and roads, yet screening should minimize the shad-
ing of solar collectors.
ii.Fences or walls may not be constructed of chain link; vinyl; barbed
wire; concertina wire; razor wire; electrically charged wire; railroad
ties; standard, fluted, or split face concrete masonry units (CMU);
scrap metal; tarps; or any other material determined by the Code En-
forcement Officer to be detrimental to the public health, safety, and
welfare.
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iii.Any exterior lighting must not create unnecessary glare, sky glow, or
light trespass, must have the least visual effect practical on the con-
tiguous properties and must be approved by the Planning Board.
Where practicable, lighting of the Solar Energy Facility shall be direct-
ed downward and shall incorporate full cut-off fixtures to reduce light
pollution.
iv.The Planning Board may require additional information, such as line-
of-sight drawings, detailed elevation maps, visual simulations, before
and after renderings, and alternate designs to more clearly identify
adverse impacts for the purpose of their mitigation.
v.The Town, at the expense of the Applicant, may employ its own con-
sultant(s) to examine the application and related documentation and
make recommendations as to whether the criteria for granting Site
Plan approval have been met, including whether the Applicant’s con-
clusions regarding safety analysis, visual analysis, structural inspec-
tion, and stormwater management aspects are valid and supported by
generally accepted and reliable engineering and technical data and
standards.
5.No Site Plan approval or renewal thereof or amendment of a current Site Plan ap-
proval relating to a Solar Energy Facility may be granted by the Planning Board un-
less the Applicant demonstrates that such Solar Energy Facility:
a.Conforms to all federal and state laws and all applicable rules and regulations
promulgated by any federal or state agencies having jurisdiction.
b.Is designed and constructed in a manner that minimizes visual impact to the
extent reasonably practicable.
c.Complies with all other requirements of the Town of Danby Zoning Ordinance
and applicable Design Guidelines unless expressly superseded herein.
d.Conforms with all adopted plans of the Town of Danby.
e.Does not exceed twenty (20) feet in height. !
Section 5: Enforcement
Any violation of this Solar Energy Law is subject to the same civil and criminal penalties pro-
vided for in the Town of Danby Local Law 4 of 2016 Providing for the Administration and En-
forcement of the New York State Uniform Fire Prevention and Building Code.
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 en-
forceability 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 on the date it is filed in the Office of the Secretary of State of
the State of New York.
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