Greenville City Zoning Code
ARTICLE IX
Solar Energy Facilities
§ 205-45 Purpose and findings.
Solar energy is an abundant and renewable energy resource and its conversion to electricity will reduce dependence on nonrenewable energy resources and decrease the greenhouse gas emissions that result from the use of conventional energy sources. The Town of Greenville is a rural and primarily residential community with an abundance of natural resources and scenic beauty. It is the purpose of this article to promote the efficient use of solar energy systems; set provisions for the sensible placement, design, construction and operation of such systems in such a way to be consistent with the Town of Greenville Comprehensive Plan; to uphold the public health, safety, and welfare; and to ensure that such systems will not have a significant adverse impact on the environment or on the aesthetic qualities and character of the Town.
§ 205-46 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A solar PV system that is designed and constructed as an integral part of a principal or accessory building. Components of a building-integrated system are designed to replace or substitute for architectural or structural elements of a building and generally complement, blend with or form part of a building's architectural appearance. Such components will generally maintain a uniform plane with, and/or form a part of the walls, window openings, roofing and/or other building elements into which they are integrated. Such a system is used in lieu of a separate solar PV system where components of the system are designed and attached to a building independent of building architecture. A building-integrated system may occur within vertical facades, replacing view glass, spandrel glass or other facade material; within semitransparent skylight systems; within roofing systems, replacing traditional roofing materials; or within other building envelope systems.
A solar PV system that is attached to the roof of a building.
The effect by reflections of light with an intensity sufficient to cause annoyance, discomfort or loss in visual performance and visibility.
A solar PV system, including its specialized solar racking or other mounting system, which is installed on the ground and not attached to any other structure.
A ground-mounted solar PV system that has a system capacity greater than 12 kW or generates more than 110% of the kWh's of electricity consumed over the previous twelve-month period by the land use(s) existing on the lot where the system is located. In applying this standard, electricity consumption shall be determined by submission of utility bills showing electric usage over said twelve-month period.
A ground-mounted solar PV system that is limited to a system capacity of 12 kW and generates no more than 110% of the kWh's of electricity consumed over the previous twelve-month period by the land use(s) existing on the lot where the system is located. In applying this standard, electricity consumption shall be determined by submission of utility bills showing electric usage over said twelve-month period.
A unit of electrical power equal to 1,000 watts, which constitutes the basic unit of electrical demand. A watt is a metric measurement of power (not energy) and is the rate (not the duration) at which electricity is used. 1.000 kW is equal to 1 megawatt (MW).
A unit of energy equivalent to one kilowatt of power expended for one hour of time.
Notwithstanding the definition of "lot coverage" found elsewhere in this chapter, for the purpose of this article, "lot coverage" shall also include the area covered by a solar panel (or physically connected group of panels) as measured on a horizontal plane projected from the perimeter of said panel (or group of panels) vertically to the ground. For panels where the tilt angle is adjusted by week, month, season or other time period, lot coverage shall be determined by the tilt angle producing the greatest lot coverage.
A meter used to measure the flow of electricity from the solar PV system to the electric utility grid for the purposes of net metering.
A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP). Shall be deemed to be qualified solar installers for purposes of this chapter.
An arrangement with the electric utility that allows for the kilowatt hours (kWh) generated from a solar PV system located at a specific site to be credited towards kWh of consumption at a different location.
Any number of electrically connected solar photovoltaic (PV) panels that are connected to the same inverter.
A large, flat piece of equipment containing photovoltaic cells that use the sun's light or heat to create electricity.
A solar energy collection system consisting of solar photovoltaic cells, panels and/or arrays and solar-related equipment which relies upon solar radiation as an energy source for collection, inversion, storage and distribution of solar energy for electricity generation. A solar PV system may be building- mounted, ground-mounted or building-integrated.
§ 205-47 Facilities permitted by right.
A.
By-right solar PV systems. In order to encourage use of solar PV systems in the Town, the following systems shall be permitted by right in any zoning district in the Town, provided the system is generating a minimum of 80% of the electricity for the land use(s) located on the same lot as the system, and further provided that the system meets the standards for by-right systems identified in this section. By-right systems require a building permit.
B.
Standards for by-right systems.
(1)
Accessory use. By-right solar PV systems shall be considered an accessory use.
(2)
Maximum system size. By-right solar PV systems shall be limited to a system capacity of 12 kW and generate no more than 110% of the kWh's of electricity consumed over the previous twelve-month period by the land use(s) existing on the lot where the system is located. In applying this standard, electricity consumption shall be determined by submission of utility bills showing electric usage over such twelve-month period.
(3)
By-right facilities shall comply with all applicable New York State Building Codes.
(4)
Building-mounted solar PV systems.
(a)
For a building-mounted system installed on a sloped roof:
(b)
For a building-mounted system installed on a flat roof, the highest point of the system shall not extend more than five feet above the height of the roof.
(c)
For a building-mounted system, solar panels shall be set back no less than three feet from the edge of the roof to allow for fire access and ventilation. On sloped roofs, this requirement does not apply along that portion of the bottom edge located more than three feet from a side edge. In the event New York State shall adopt regulations that govern the placement of roof-mounted solar panels for fire prevention purposes, said regulations shall supersede this setback provision.
§ 205-48 Facilities requiring special use permit.
A.
Solar PV systems requiring a special use permit. Except as provided in § 205-47, entitled Facilities permitted by right, no solar PV system shall be constructed or installed without first obtaining a special use permit and site plan approval from the Planning Board. In addition, all solar PV systems shall require a building permit. Solar PV systems requiring a special use permit and site plan approval shall include, but not be limited to:
(1)
Ground-mounted solar PV systems.
(2)
Building-mounted and building-integrated solar PV systems that have a system capacity greater than 12 kW or generate more than 110% of the kWh's of electricity consumed over the previous twelve-month period by the land use(s) existing on the lot where the system is located. In applying this standard, electricity consumption shall be determined by submission of utility bills showing electric usage over said twelve-month period.
(3)
Except as provided in § 205-47, regarding facilities permitted by right, solar PV systems, regardless of size, that generate and provide electricity, through a remote net metering agreement or other arrangement, to an off-site user or users located on a lot(s) other than the lot on which the system is located.
(4)
Solar PV systems, regardless of size, mounted on carports or canopy structures covering parking facilities.
B.
Classification. Solar PV systems requiring a special use permit may be classified as either an accessory use or a principal use as set forth below.
(1)
Principal use. A solar PV system constructed on a lot and providing electricity to an off-site user or users through a remote net metering agreement or other arrangement shall be considered a principal use. All ground-mounted solar PV systems that are classified as a principal use shall adhere to the area, yard and bulk requirements of the zoning district in which the system is located, unless such regulations are modified by other provisions of this article.
(2)
Accessory use/accessory structure. A solar PV system shall be considered an accessory use/accessory structure when generating electricity for the sole consumption of a principal use(s) or building(s) located on the same lot as the system. Notwithstanding the location and maximum coverage provisions for accessory uses/accessory structures found elsewhere in this chapter, all large-scale ground-mounted solar PV systems that are classified as an accessory use/accessory structure shall adhere to § 205-48C(2).
C.
Standards for facilities requiring a special use permit.
(1)
Small-scale ground-mounted solar PV systems as accessory use. Notwithstanding the location and height standards for accessory structures and accessory uses found elsewhere in this chapter, the following height, location and minimum yard/setback standards shall apply to small-scale ground-mounted solar PV systems that are classified as an accessory use:
(a)
Location. Small-scale ground-mounted solar PV systems may be located within the side or rear yard. Location in a front yard is prohibited, including location in any front yard of a corner lot.
(b)
Rear and side yard. Small-scale ground-mounted solar PV systems shall be permitted in a required minimum side yard or rear yard setback, provided that such system shall be set back not less than 50 feet from any rear or side lot line.
(c)
Height. Small-scale ground-mounted solar PV systems shall not exceed a height of 12 feet.
(d)
Lot coverage. Small-scale ground-mounted solar PV systems shall comply with the lot coverage requirements as defined in this article.
(2)
Large-scale ground-mounted solar PV systems and ground-mounted systems classified as a principal use or accessory use.
(a)
All large-scale ground-mounted solar PV systems are permitted in the Rural Residential District upon obtaining a special use permit and site plan approval from the Planning Board.
(b)
Setbacks. Large-scale ground-mounted solar PV systems are subject to the following setbacks: 100 feet front, 150 feet sides, 50 feet rear. No part of a ground-mounted system shall extend into the required yards and/or setbacks due to a tracking system or a short-term or seasonal adjustment in the location, position or orientation of solar-PV-related equipment or parts.
[1]
If a large-scale ground-mounted solar PV system is located on a lot that adjoins a residential lot, the minimum setback area, shall be planted with a mixture of evergreen and deciduous plantings at a height so as to provide, as much as practicable, a visual screen of the ground-mounted system from residential uses. The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board.
(c)
Utility connections. Utility lines and connections from a large-scale ground-mounted solar PV system shall be installed underground, unless otherwise determined by the Planning Board for reasons that may include poor soil conditions, topography of the site, and requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.
(d)
Fences. Notwithstanding the provisions found in this chapter, fences not exceeding eight feet in height, including open-weave chain-link fences and solid fences, shall be permitted for the purpose of screening or enclosing a large-scale ground-mounted solar PV system, provided said system is classified as a principal use for the property on which it is located.
(e)
Height. Large-scale ground-mounted solar PV systems may not exceed 12 feet in height.
(f)
The minimum lot size for large-scale ground-mounted solar PV systems shall be 20 acres and the maximum lot size shall be 150 acres.
(g)
Lot coverage requirements for large-scale ground-mounted solar PV systems shall be 20% and no more than 30 acres on any lot.
(h)
Location in front yard prohibited. Notwithstanding the requirements regulating location of accessory structures found elsewhere in this chapter, large-scale ground-mounted solar PV systems classified as an accessory use shall be prohibited in a front yard, including location in any front yard of a corner lot.
(i)
Signs. Large-scale ground-mounted solar PV systems classified as a principal use shall adhere to the sign requirements for the Rural Residential district in.
(j)
Prohibition. No large-scale ground-mounted solar PV systems shall be permitted in the Conservation or Commercial Mixed-Use Zoning District.
(k)
The clearing of additional lands to accommodate large scale solar may be permitted, provided the percentage of newly cleared land on any solar lot does not exceed 10% of existing woodlands on that solar lot in total. Removal of existing trees larger than six inches dbh should be minimized.
(l)
The Planning Board may request a visual assessment report at the applicant's expense.
D.
Building-mounted solar PV systems.
(1)
For a building-mounted system installed on a sloped roof:
(2)
For a building-mounted system installed on a flat roof, the highest point of the system shall not extend more than five feet above the height of the roof.
(3)
For a building-mounted system, solar panels shall be set back no less than three feet from the edge of the roof to allow for fire access and ventilation. On sloped roofs, this requirement does not apply along that portion of the bottom edge located more than three feet from a side edge. In the event New York State shall adopt regulations that govern the placement of roof-mounted solar panels for fire prevention purposes, said regulations shall supersede this setback provision.
(4)
Placement on nonconforming buildings. Notwithstanding the area, lot and bulk requirements of this chapter, building-mounted and building-integrated solar PV system may be installed:
(a)
On the roof of a nonconforming building that exceeds the maximum height restriction, provided the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted.
(b)
On a building that does not meet the minimum setback or yard requirements, provided there is no increase in the extent or degree of nonconformity with said requirement.
(c)
On a building that exceeds the maximum lot coverage requirements, provided there is no increase in the extent or degree of nonconformity with said requirement.
E.
Reimbursement for costs of review by Town-designated Engineer.
(1)
The applicant for a special use permit shall be responsible for reimbursing the Town for the cost of the engineering review by the Town-designated engineer. The amount of the escrow shall be commensurate with the scale of the project.
(2)
The Planning Board may use the Town-designated engineer (TDE) and retain consultants and/or experts necessary to assist the Town in reviewing and evaluating the application.
(3)
An applicant shall deposit with the Planning Board funds sufficient to reimburse the Town for all reasonable costs of TDE and consultant evaluation and consultation in connection with the review of any application. An initial deposit of $5,000 (the "initial deposit") shall be filed with the application. The Town will maintain a separate escrow account for all such funds. The Town's consultants/experts shall invoice the Town for their services in reviewing the application. If at any time during the process the escrow account has a balance of less than $1,500, the applicant shall immediately, upon notification by the Town, replenish said escrow account so that it has a balance of at least $1,500. Such additional escrow funds shall be deposited with the Town before any further action or consideration is taken on the application. In the event that the amount held in escrow by the Town is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant.
(4)
The total amount of the funds needed as set forth in Subsection E(3) of this section may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification. In the event the Planning Board determines that the initial deposit will be insufficient for review of the application, the Planning Board shall notify the applicant, and the applicant shall supplement the escrow fund within 30 days of notice from the Building Inspector of the estimated amount of the review fees necessary to process the application.
(5)
Notwithstanding anything to the contrary in this section, the Planning Board may waive, or decrease, the amount of the initial deposit for small-scale projects.
§ 205-49 Abandonment and decommissioning.
A.
Applicability and purpose. This section governing abandonment and decommissioning shall apply to large-scale ground-mounted solar PV systems with a rated capacity of 200 kW or more, hereinafter referred to as commercial solar PV systems. It is the purpose of this section to provide for the safety, health, protection and general welfare of persons and property in the Town of Greenville by requiring abandoned commercial solar PV systems to be removed pursuant to a decommissioning plan. The anticipated useful life of such systems, as well as the volatility of the recently emerging solar industry where multiple solar companies have filed for bankruptcy, closed or been acquired, creates an environment for systems to be abandoned, thereby creating a negative visual impact on the Town. Abandoned commercial systems may become unsafe by reason of their energy producing capabilities and serve as an attractive nuisance.
B.
Abandonment. A commercial solar PV system shall be deemed abandoned if the system fails to generate and transmit electricity at a rate of more than 10% of its rated capacity over a continuous period of one year. A commercial solar PV system also shall be deemed abandoned if, following site plan approval, initial construction of the system has commenced and is not completed within 18 months of issuance of the first building permit for the project.
(1)
Extension of time. The time at which a commercial solar PV system shall be deemed abandoned may be extended by the Planning Board for one additional period of one year, provided the system owner presents to the Board a viable plan outlining the steps and schedules for placing the system in service or back in service, at no less than 80% of its rated capacity, within the time period of the extension. An application for an extension of time shall be made to the Planning Board by the commercial solar PV system owner prior to abandonment as defined herein. Extenuating circumstances as to why the commercial solar PV system has not been operating or why construction has not been completed may be considered by the Board in determining whether to grant an extension.
(2)
Removal required. A commercial solar PV system which has been abandoned shall be decommissioned and removed. The commercial solar PV system owner and/or owner of the land upon which the system is located shall be held responsible to physically remove all components of the system within one year of abandonment. Removal of the commercial solar PV system shall be in accordance with a decommissioning plan approved by the Planning Board.
C.
Decommissioning and removal. Decommissioning and removal of a commercial solar PV system shall consist of:
(1)
Physical removal of all above- and below-ground equipment, structures and foundations, including but not limited to all solar arrays, buildings, security barriers, fences, electric transmission lines and components, roadways and other physical improvements to the site;
(2)
Disposal of all solid and hazardous waste in accordance with local, state and federal waste disposal regulations;
(3)
Restoration of the ground surface and soil;
(4)
Stabilization and revegetation of the site with native seed mixes and/or plant species (excluding invasive species) to minimize erosion.
D.
Upon petition to the Planning Board, the Board may permit the system owner and/or landowner to leave certain underground or aboveground improvements in place, provided the owner can show that such improvements are part of a plan to redevelop the site, are not detrimental to such redevelopment and do not adversely affect community character or the environment.
E.
Special use permit conditions. The following conditions shall apply to all special use permits issued for a commercial solar PV system. No special use permit shall be issued unless the Planning Board finds that the conditions have been or will be met.
(1)
Decommissioning plan. All applications for a commercial solar PV system shall be accompanied by a decommissioning plan to be implemented upon abandonment and/or in conjunction with removal of the system. The decommissioning plan shall address those items listed in this section and shall include:
(a)
An estimate of the anticipated operational life of the system;
(b)
Identification of the party responsible for decommissioning;
(c)
Description of any agreement with the landowner regarding decommissioning;
(d)
A schedule showing the time frame over which decommissioning will occur and for completion of site restoration work;
(e)
A cost estimate prepared by a qualified professional engineer, estimating the full cost of decommissioning and removal of the solar PV system;
(f)
A financial plan to ensure that financial resources will be available to fully decommission the site.
(2)
Financial surety. Prior to the issuance of a building permit and every three years thereafter, the commercial solar PV system owner and/or landowner shall file with the Town evidence of financial security to provide for the full cost of decommissioning and removal of the solar PV system in the event the system is not removed by the system owner and/or landowner.
(a)
Evidence of financial security shall be in effect throughout the life of the system and shall be in the form of an irrevocable letter of credit or other security acceptable to the Planning Board. The irrevocable letter of credit shall include an auto extension provision, to be issued by an A-rated institution solely for the benefit of the Town. The Town shall be entitled to draw on the letter of credit in the event that the commercial solar PV system owner and/or landowner is unable or unwilling to commence decommissioning activities within the time periods specified herein. No other parties, including the owner and/or landowner, shall have the ability to demand payment under the letter of credit. Upon completion of decommissioning, the owner and/or landowner may petition the Town to terminate the letter of credit.
(b)
In the event ownership of the system is transferred to another party, the new owner (transferee) shall file evidence of financial security with the Town at the time of transfer, and every three years thereafter, as provided herein.
(c)
Amount. The amount of the surety shall be determined by the Town Engineer based upon a current estimate of decommissioning and removal costs as provided in the decommissioning plan and subsequent annual reports. The amount of the surety may be adjusted by the Town upon receipt of an annual report containing an updated cost estimate for decommissioning and removal.
(3)
Annual report. The commercial solar PV system owner shall, on a yearly basis, provide the Town Building Inspector a report showing the rated capacity of the system and the amount of electricity that was generated by the system and transmitted to the grid over the most recent twelve-month period. The report shall also identify any change in ownership of the solar PV system and/or the land upon which the system is located, and shall identify any change in the party responsible for decommissioning and removal of the system upon its abandonment. The annual report shall be submitted no later than 45 days after the end of the calendar year. Every third year, to coincide with the filing of evidence of financial security, the annual report shall also include a recalculation of the estimated full cost of decommissioning and removal of the commercial solar PV system. The Town may require an adjustment in the amount of the surety to reflect any changes in the estimated cost of decommissioning and removal. Failure to submit a report as required herein shall be considered a violation subject to the penalties of this article and chapter.
F.
Decommissioning and removal by Town. If the commercial solar PV system owner and/or landowner fails to decommission and remove an abandoned facility in accordance with the requirements of this section, the Town may enter upon the property to decommission and remove the system.
(1)
Procedure. Upon a determination by the Building Inspector that a commercial solar PV system has been abandoned, the Building Inspector shall notify the system owner, landowner and permittee, by certified mail: a) in the case of a facility under construction, to complete construction and installation of the facility within 180 days; or b) in the case of a fully constructed facility that is operating at a rate of less than 10% of its rated capacity, to restore operation of the facility to no less than 80% of rated capacity within 180 days, or the Town will deem the system abandoned and commence action to revoke the special use permit and require removal of the system. Being so notified, if the system owner, landowner and/or permittee fails to perform as directed by the Building Inspector within the 180-day period, the Building Inspector shall notify the system owner, landowner and permittee, by certified mail, that the solar PV system has been deemed abandoned and the Town intends to revoke the special use permit within 60 days of mailing said notice. The notice shall also state that the permittee may appeal the Building Inspector's determination of abandonment to the Planning Board and request a hearing on the matter. Said appeal and request for hearing must be made and received by the Town within 20 days of mailing notice. Failure by the permittee to submit an appeal and request for hearing within the twenty-day period will result in the special use permit being deemed revoked as stated herein. In the event the permittee appeals the determination of the Building Inspector and requests a hearing, the Planning Board shall schedule and conduct said hearing within 60 days of receiving the appeal and request. In the event a hearing is held, the Planning Board shall determine whether the solar PV system has been abandoned, whether to continue the special use permit with conditions as may be appropriate to the facts and circumstances presented to the Board. or whether to revoke the permit and order removal of the solar PV system. Upon a determination by the Building Inspector or Planning Board that a special use permit has been revoked, the decommissioning plan must be implemented and the system removed within one year of having been deemed abandoned or the Town may cause the removal at the owner and/or landowner's expense. If the owner and/or landowner fail to fully implement the decommissioning plan within one year of abandonment, the Town may collect the required surety and use said funds to implement the decommissioning plan.
(2)
Removal by Town and reimbursement of Town expenses. Any costs and expenses incurred by the Town in connection with any proceeding or work performed by the Town or its representatives to decommission and remove a commercial solar PV system, including legal costs and expenses, shall be reimbursed from the financial surety posted by the system owner or landowner as provided in this section. Any costs incurred by the Town for decommissioning and removal that are not paid for or covered by the required surety, including legal costs, shall be assessed against the property, shall become a lien and tax upon said property, shall be added to and become part of the taxes to be levied and assessed thereon, and shall be enforced and collected with interest by the same officer and in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town.
§ 205-50 Guidelines for future solar access.
A.
New structures shall be sited to take advantage of solar access insofar as practical, including the orientation of proposed buildings with respect to sun angles, the shading and windscreen potential of existing and proposed vegetation on and off the site, and the impact of solar access to adjacent uses and properties.
B.
The impact of street trees on the solar access of the surrounding property shall be minimized to the greatest possible extent in selecting and locating shade trees. Every effort shall be made to avoid shading possible locations of solar collectors.
C.
When the Planning Board reviews and acts upon applications for subdivision approval or site plan approval, it shall take into consideration whether the proposed construction would block access to sunlight between the hours of 9:00 a.m. and 3:00 p.m. Eastern standard time for existing approved solar energy collectors or for solar energy collectors for which a permit has been issued.
D.
The potential impacts of glare shall be a part of consideration of all new solar facilities.
E.
The Planning Board may require subdivisions to be platted so as to preserve or enhance solar access for either passive or active systems, consistent with the other requirements of the Town Code.
F.
The plan for development of any site within cluster subdivisions shall be designed and arranged in such a way as to promote solar access for all dwelling units. Considerations may include the following:
(1)
In order to maximize solar access, the higher-density dwelling units should be placed on a south-facing slope and lower-density dwelling units sited on a north-facing slope.
(2)
Subject to the Town's setback requirements, structures should be sited as close to the north lot line as possible to increase yard space to the south for reduced shading of the south face of a structure.
(3)
A tall structure should be sited to the north of a short structure.
§ 205-51 Payment in lieu of taxes.
A.
General requirements.
(1)
Any owner or developer of a solar energy system as defined in this article and that meets the requirements of § 487, Subdivision 4, of the Real Property Tax Law of the State of New York shall provide written notice, via certified mail, return receipt requested, to the Town Board of the Town Greenville of its intent to construct a solar energy system.
(2)
The Town Board of the Town of Greenville shall have 60 days from the receipt of the written notification to notify the owner or developer of its intent to require a contract for payments in lieu of taxes (PILOT).
(3)
Each PILOT shall be negotiated on a case-by-case basis between the owner or developer and the Town Board.
(4)
All PILOT agreements between an owner or developer and the Town of Greenville shall adhere to the requirements and restrictions of § 487 of the Real Property Tax Law of the State of New York.
B.
Exemptions. The following solar PV systems shall be exempt from the PILOT requirement:
§ 205-52 Conflict with other laws.
Where this article differs or conflicts with other laws, rules and regulations, unless the right to do so is preempted or prohibited by the county, state or federal government, the more restrictive or protective law of the Town and the public shall apply.
§ 205-53 Legislative authority.
This article is enacted pursuant to the Municipal Home Rule Law. This article shall supersede the provisions of Town Law to the extent it is inconsistent with the same, and to the extent permitted by the New York State Constitution, the Municipal Home Rule Law, or any other applicable statute.