Greece City Zoning Code
ARTICLE IX
Solar Energy
§ 211-61 Solar energy system regulations.
A.
The intent and purpose of this section is to encourage the use and appropriate siting of solar energy facilities in the Town of in order to take advantage of a safe, abundant, renewable and nonpolluting energy resource, decrease the cost of electricity to Town residents where possible, increase employment and business development opportunities to the extent reasonably practical, and to create synergy between solar energy and other innovative industry sectors present in the Town.
B. BUILDING-INTEGRATED SOLAR ENERGY SYSTEM FARMLAND OF STATEWIDE IMPORTANCE GLARE GROUND-MOUNTED SOLAR ENERGY SYSTEM NATIVE PERENNIAL VEGETATION POLLINATOR PRIME FARMLAND ROOF-MOUNTED SOLAR ENERGY SYSTEM SOLAR ACCESS SOLAR ENERGY EQUIPMENT SOLAR ENERGY SYSTEM(1) (2) (3) SOLAR PANEL STORAGE BATTERY
Definitions. As used in this section, the following terms shall have the meanings indicated:
A combination of solar panels and solar energy equipment integrated into any building envelope system such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produce electricity for on-site consumption.
Land, designated as "Farmland of Statewide Importance, in the United States Department of Agriculture Natural Resources Conservation Service's (NRCS) Soil Survey Geographic (SSURGO) Database on Web Soil Survey that is of statewide importance for the production of food, feed, fiber, forage and oilseed crops as determined by the appropriate state agency or agencies. Farmland of statewide importance may include tracts of land that have been designated for agriculture by state law.
The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.
A solar energy system that is anchored to the ground via a pole or other mounting system, detached from any other structure that generates electricity for on-site or off-site consumption.
Native wildflowers, forbs and grasses that serve as habitat, forage and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation (NYSDEC).
Bees, birds, bats and other insects or wildlife that pollinate flowering plants and includes both wild and managed insects.
Land designated as prime farmland in the United States Department of Agriculture Natural Resources Conservation Service's (NRCS) Soil Survey Geographic (SSURGO) Database on Web Soil Survey that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber and oilseed crops and is also available for these land uses.
A solar energy system located on the roof of any legal permitted building or structure that produces electricity for on-site or off-site consumption.
Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties.
Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.
The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. The area of a solar energy system includes all the land inside the perimeter of the solar energy system, which extends to any interconnection equipment. A solar energy system is classified as a Tier 1, Tier 2 or Tier 3 solar energy system as follows:
Tier 1 solar energy systems include roof-mounted solar energy systems, and building-integrated solar energy systems as defined herein.
Tier 2 solar energy systems include ground-mounted solar energy systems with capacity up to 25 kW AC and that generate no more than 110% of the electricity consumed on the site over the previous 12 months.
Tier 3 solar energy systems are systems that are not included in the list for Tier 1 and Tier 2 solar energy systems.
A photovoltaic device capable of collecting and converting solar energy into electricity.
A device that stores energy and makes it available in an electrical form.
C.
General provisions.
(1)
Solar energy systems constructed or installed prior to the effective date of this section shall not be required to meet the provisions of this section.
(2)
Modifications to an existing solar energy system that increases the solar energy system area by more than 10% of the original area of the solar energy system shall be subject to the requirements of this section.
(3)
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 Greece Code.
(4)
Except for those solar energy systems which are hereinafter specifically exempted, no solar energy system shall be placed, erected or constructed on a lot without a permit issued therefor by the Building Inspector. No solar energy system for which a permit has been granted hereunder shall be moved, altered, changed, enlarged or reconstructed without a new permit being issued therefor in accordance with the provisions hereof.
D.
Permitting requirements for solar energy systems.
(1)
Tier 1 solar energy systems. Tier 1 systems shall be permitted in any zoning district, subject to the following requirements:
(a)
Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.
(b)
Solar panels mounted on pitched roofs shall be mounted with a maximum distance of eight inches between the roof surface and the highest edge of the system.
(c)
Solar panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.
(d)
Solar panels on flat roofs shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher.
(e)
All solar panels used in Tier 1 installations shall have an anti-reflective coating.
(f)
All roof-mounted solar energy systems shall be subject to the maximum height regulations specified for principal and accessory buildings within the underlying zoning district.
(g)
Building-integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the system.
(2)
Tier 2 solar energy systems. Tier 2 systems may be permitted as follows:
(a)
As an accessory use in the General Industrial (IG) District.
(c)
Tier 2 systems shall be screened from public view to the extent practicable.
(d)
Tier 2 systems shall be considered accessory structures, subject to the bulk requirements of the applicable zoning district, including but not limited to setbacks, height, and lot coverage.
(e)
Tier 2 systems shall not operate at a capacity exceeding 25 kW AC and shall not generate no more than 110% of the electricity consumed on the subject property over the previous 12 months.
(f)
All solar panels used in Tier 2 installations shall have an anti-reflective coating.
(3)
Tier 3 solar energy systems. Tier 3 systems are permitted as follows:
(a)
As a principal permitted use in the General Industrial (IG) Zoning District, and subject site plan approval pursuant to the provisions of § 211-65.
(c)
Setbacks. Tier 3 systems shall be setback 100 feet from the zoning district boundary, and 25 feet from any property line internal to the district.
(d)
Underground Requirements: All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility.
(e)
Signage.
[1]
No signage or graphic content shall be displayed on the solar energy systems except the manufacturers name, equipment specification information, safety information and twenty-four-hour emergency contact information. Said information shall be depicted within an area no more than eight square feet.
[2]
As required by National Electrical Code (NEC), 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.
(f)
Glare. All solar panels shall have anti-reflective coating(s).
(g)
Lighting. Lighting of the solar energy systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from adjoining properties.
(h)
Screening and visibility.
[1]
Solar installations shall be screened from public view with existing vegetation, topographic features, landscaping in accordance with the Town of Greece Landscape Guidelines for Development, or other means deemed suitable by the Planning Board and/or Board of Zoning Appeals.
[2]
Tier 3 systems may be subject to an assessment of the visual impacts on public roadways and adjacent properties, including but not limited to a line of sight profile or viewshed analysis.
(i)
Decommissioning.
[1]
Solar energy systems that have been abandoned and/or not producing electricity for a period of six months, or as deemed acceptable by the Building Inspector, shall be removed at the owner and/or operator's expense, which at the owner's option may come from any security made with the Town of Greece, as set forth in this section.
[2]
A decommissioning plan signed by the owner and/or operator of the solar energy system shall be submitted by the applicant, addressing the following:
[3]
Security.
[a]
The deposit, executions, or filing with the Town, in cash, letter of credit, bond or other form of security reasonably acceptable to the Town Attorney, shall be in the amount sufficient to ensure the good faith performance of the terms and conditions of the permit issued pursuant hereto and to provide for the removal and restorations of the site subsequent to removal. The amount of the bond or security shall be 125% of the cost of removal of the Tier 3 solar energy system and restoration of the property with an escalator of 2% annually for the life of the solar energy system.
[b]
In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the cash deposit, letter of credit, bond or security shall be forfeited to the Town of Greece, which shall be entitled to maintain an action thereon.