Glenville Town City Zoning Code
ARTICLE XXII
Solar Energy
[Added 12-6-2017 by L.L. No. 12-2017]
§ 270-161 Authority.
This Zoning for Solar Energy Law is adopted pursuant to §§ 261 through 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 sunlight necessary therefor."
§ 270-162 Statement of purpose.
A.
This solar energy article is adopted as a new article in Chapter 270 Zoning, of the Code of the Town of Glenville to advance and protect the public health, safety, and welfare of the Town of Glenville, including:
(1)
Taking advantage of a safe, abundant, renewable, and nonpolluting energy resource;
(2)
Decreasing the cost of energy to the owners of government, commercial and residential properties, including single-family houses; and
(3)
Increasing employment and business development in the region by furthering the installation of solar energy systems.
§ 270-163 Definitions.
As used in this article, the following terms shall have the meanings indicated:
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
A combination of photovoltaic building components integrated into any building envelope system such as vertical facades, including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure for the primary purpose of producing electricity for on-site consumption.
LARGE-SCALE SOLAR ENERGY SYSTEM
A solar energy system that is ground-mounted and produces energy for the purposes of off-site sale or consumption. As used in Chapter 270, including Article V, § 270-24.1D, Solar Energy Farm Overlay District, the terms "solar energy farms" or "solar farms" mean "large-scale solar energy system."
[Amended 4-17-2024 by L.L. No. 6-2024]
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity for on-site or off-site consumption.
SOLAR ENERGY EQUIPMENT
Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.
SOLAR ENERGY SYSTEM
An electrical generating system composed of a combination of both solar panels and solar energy equipment.
SOLAR PANEL
A photovoltaic device capable of collecting and converting solar energy into electrical energy.
§ 270-164 Applicability.
The requirements of this article shall apply to all solar energy systems installed or modified after its effective date, excluding general maintenance and repair and building-integrated photovoltaic systems.
§ 270-165 Solar as accessory uses or structures.
A.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems that use the electricity on site are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure.
(2)
Height. Solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located and are provided the same height exemptions granted to building-mounted mechanical devices or equipment.
(3)
Aesthetics. Roof-mounted solar energy system installations shall incorporate, when feasible, the following design requirements:
(a)
Panels must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and highest edge of the system and may not extend above a line 18 inches below the roof's peak nor below a line on the roof where the building wall would intersect with the roof.
(4)
Roof-mounted solar energy systems that use the energy on site shall be exempt from site plan review under the Zoning Code or other land use regulations.
(5)
Roof-mounted solar energy systems that are designed and/or operated for off-site use of the energy are permitted in General Business (GB), Highway Commercial (HC), Research, Development and Technology (RDT), Riverfront Recreation/Commercial (RRC) and Airport (AZ) Zones, subject to site plan review.
B.
Ground-mounted solar energy systems.
(1)
Ground-mounted solar energy systems that use the electricity primarily on site are permitted as accessory structures in Highway Commercial (HC), Research, Development and Technology (RDT), Riverfront Recreation/Commercial (RRC) and Airport (AZ) Districts.
(2)
Height and setback. Ground-mounted solar energy systems shall adhere to the height and setback requirements of the underlying zoning district.
(3)
Lot coverage. Systems are limited to lot coverage of 25%. The surface area covered by ground-mounted solar panels shall be included in total lot coverage applicable in the zoning district.
(4)
All such systems shall be installed in the side or rear yards, subject to rear and side lot line setback distances.
(5)
Ground-mounted solar energy systems that use the electricity primarily on site shall require site plan review under the Zoning Code or other land use regulations.
C.
Ground-mounted solar energy systems in the Rural Residential/Agricultural zoning district.
[Added 1-22-2020 by L.L. No. 1-2020]
(1)
Ground-mounted solar energy systems that generate no more than 110% of the annual on-site electrical load are permitted as accessory structures in the Rural Residential/Agricultural (RRA) District.
(2)
Height. The height of ground-mounted systems in the Rural Residential/Agricultural zoning district shall be 15 feet maximum as measured when solar panels and mounts are oriented at maximum tilt. Solar panels and mounts shall be located in a manner that reasonably minimizes shading of property to the north while still providing adequate sunlight access for the panels.
(3)
Location and setback. Ground-mounted systems in the Rural Residential/Agricultural district shall be installed in the rear yard, subject to the rear yard lot line setback requirements of the underlying zoning district.
(4)
Lot coverage. Systems in the Rural Residential/Agricultural zoning district are limited, regardless of lot size, to 1,000 square feet or 20% of the lot size, whichever is less. The surface area covered by ground-mounted solar panels shall be included in total lot coverage applicable in the zoning district.
(5)
Screening. A system shall be visibly screened through landscaping, grading, fencing, or a combination thereof, or by other means, so that views of solar energy systems shall be minimized as reasonably practical from public roadways and adjacent properties to the extent feasible. A screening and landscaping plan shall be submitted, at the time of building permit application, specifying the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen year-round and/or mitigate any adverse aesthetic effects of the system. The landscaped screening shall be planted no closer than 10 linear feet from a system. Existing vegetation may be used to satisfy all or a portion of the required landscaped screening. The Town of Glenville Landscape Manual has a recommended planting list.
(6)
Decommissioning.
(a)
Documentation verifying that the system is active shall be provided upon request by the Building Department.
(b)
Systems either abandoned or not producing electricity for a period of 12 consecutive months shall be removed at the owner and/or operator's expense.
(c)
The site shall be restored to as natural a condition as possible within six months of removal.
(d)
A decommissioning plan signed by the owner and/or operator of the system shall be submitted by the applicant upon a form prepared by the Building Department, addressing, among other things, the following:
[1]
The cost of removing the system;
[2]
The time required to decommission and remove the system; and
[3]
The time required to repair any damage caused to the property by the installation and removal of the system.
§ 270-166 Approval standards for large-scale solar systems as conditional uses.
[Amended 4-21-2021 by L.L. No. 8-2021; 4-17-2024 by L.L. No. 5-2024]
The approval standards for large-scale solar energy systems are governed by and are set forth in, Chapter 270, Article V, § 270-24.1D(3) through (12) of the Town Code, as may be amended. All large-scale solar energy systems must comply with all requirements Chapter 270, Article V, § 270-24.1D(3) through (12) of the Town Code, whether the proposed or existing large-scale solar energy system will be, or is, located in a Solar Energy Farm Overlay District.
§ 270-167 Severability. [1]
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision or phrase of the aforementioned sections as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision or phrase, which shall remain in full force and effect.
[1]
Editor's Note: Former § 270-167, Abandonment and decommissioning, and § 270-168, Penalties for offenses, which immediately preceded this section, were repealed 4-17-2024 by L.L. No. 5-2024. This local law also renumbered former § 270-169 as § 270-167.