Henrietta City Zoning Code
ARTICLE XVI
Solar Energy Systems
[Added 9-22-2021 by L.L. No. 12-2021]
§ 295-68 Definitions.
As used in this article, the following terms shall have the meanings indicated:
ABANDONED/ABANDONMENT
Solar energy systems are deemed abandoned:
A.
After 12 consecutive months without material electrical energy generation (i.e., at least 5% of the rated capacity); and/or
B.
If construction and/or permitting do not commence/proceed in accordance with the timelines afforded within this Code.
BUILDING-INTEGRATED SOLAR COMPONENTS
As defined in § 295-2 of this chapter.
[Amended 11-16-2022 by L.L. No. 21-2022]
FARM or FARM OPERATION
As defined in New York State Agriculture and Markets Law (AML) § 301(11). For purposes of this article, multiple, contiguous parcels under common ownership, all of which have an agricultural exemption or are otherwise eligible to receive an agricultural exemption pursuant to New York State law, shall be considered a single farm so long as at least one parcel qualifies as defined in New York State Agriculture and Markets Law (AML) § 301(11). Parcels are considered contiguous even if separated by public roads, railroads, rights-of-way, or waterways.
LARGE-SCALE SOLAR ENERGY SYSTEM
As defined in § 295-2 of this chapter.
MEDIUM-SCALE SOLAR ENERGY SYSTEM
As defined in § 295-2 of this chapter.
QUALIFIED SOLAR INSTALLER
Persons who are on the list of eligible photovoltaic installers maintained by the 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), and thus qualified as 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.
ROOFTOP NONRESIDENTIAL SOLAR ENERGY SYSTEM
As defined in § 295-2 of this chapter.
[Amended 11-16-2022 by L.L. No. 21-2022]
ROOFTOP RESIDENTIAL SOLAR ENERGY SYSTEM
As defined in § 295-2 of this chapter.
[Amended 11-16-2022 by L.L. No. 21-2022]
SMALL-SCALE SOLAR ENERGY SYSTEM
As defined in § 295-2 of this chapter.
SOLAR ENERGY SYSTEM
As defined in § 295-2 of this chapter.
SOLAR ENERGY SYSTEM FOOTPRINT/SQUARE FOOTAGE
As defined in § 295-2 of this chapter.
§ 295-69 Applicability; general requirements for solar energy systems.
The following requirements shall apply to all solar energy systems:
A.
Building permit. All solar energy systems require a building permit prior to construction.
B.
Lot size, coverage, height, yard and setback requirements. Solar energy systems shall comply with all dimensional requirements of the district they are located within, including minimum lot size, maximum coverage, and maximum height and yard setbacks, except as otherwise provided in this chapter.
C.
All solar energy systems shall be designed, erected and installed by a qualified solar installer, except thatrooftop residential solar energy systems installed on single-family homes may be installed by the homeowner so long as the installation is inspected by a duly qualified third-party electrical inspector, and all such installations must be in accordance with all applicable codes, regulations and industry standards, including as referenced in the New York State Uniform Fire Prevention and Building Code (i.e., the Uniform Code or the Building Code), the New York State Energy Conservation Code (Energy Code) including as modified by NYStretch (see § 48-1), and the other applicable provision of New York law and the Town of Henrietta Code.
[Amended 6-22-2022 by L.L. No. 14-2022[1]; 11-16-2022 by L.L. No. 21-2022]
[1]
Editor's Note: This local law was slated to become effective 11-1-2022; however, the effective date was revised to 1-1-2023 by L.L. No. 18-2022, adopted 10-26-2022. See § 48-1.
D.
Reflection/glare. Solar energy systems shall be designed and located in order to limit reflective glare toward any roads or inhabited buildings.
E.
Modifications to an existing solar energy system that increase the solar energy system footprint by more than 5% shall be subject to this article.
F.
Solar panels shall not be used for purposes or in ways other than for what they are designed and intended: to generate energy from solar.
G.
Abandonment. Abandoned solar energy systems must be decommissioned.
H.
Solar energy systems on government-owned property operated for the benefit of a government entity are exempt from this article.
§ 295-70 Additional requirements for rooftop solar energy systems.
A.
Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are installed with a maximum distance of eight inches between the roof and highest edge of the system or as building codes dictate.
B.
Solar panels on pitched roofs shall not extend higher than the highest point of the peak of the roofline on which they are installed.
C.
Solar panels on flat roofs shall not extend above the top of the surrounding roof parapet or more than 24 inches above the flat surface of the roof, whichever is higher.
D.
Roof-mounted solar energy systems shall be designed and installed so as to protect against injury from the shedding of ice or snow from the roof onto any pedestrian or vehicular travel area, sidewalk, stairwell, driveway, parking area, or porch.
E.
Energy produced by a rooftop solar energy system shall be consumed on site and/or may be transferred off site to a utility but only in order to and in an amount sufficient to offset on-site energy usage.
§ 295-71 Additional requirements for small-scale solar energy systems.
A.
Where permitted, only allowed as an accessory structure, subordinate to the primary structure on the site, and thus subject to corresponding maximum lot coverage requirements.
B.
Shall be installed in the side or rear yards and as otherwise subject to the setback requirements of the underlying zoning district.
C.
Shall be subject to the maximum height limitations for accessory structures in the underlying zoning district or 12 feet, whichever is less, when the system is oriented at its maximum tilt.
D.
Shall be appropriately screened to minimize views from adjacent residential properties with a minimum height of six feet of visual screening and from other uses or public rights-of-way. Alternatively to the screening, the applicant may submit a release of this requirement signed by all adjacent residential property not screened as set forth herein.
E.
Energy produced by a small-scale solar energy system shall be consumed on site and/or may be transferred off site to a utility but only in order to and in an amount no greater than sufficient to offset on-site energy usage.
§ 295-72 Additional requirements for medium-scale solar energy systems.
Medium-scale solar energy systems shall comply with all requirements for small-scale solar energy systems, as well as the following additional requirements:
A.
Special use permit. Medium-scale solar energy systems shall require a special use permit pursuant to the provisions set forth at Article XII of this chapter.
[Amended 4-12-2022 by L.L. No. 8-2022]
B.
Site plan review. Medium-scale solar energy systems require site plan review and approval. In addition to the standard requirements for site plan review, the following shall also be required:
(1)
Plans shall depict property lines, zoning district designation(s), and existing physical features, including all buildings, structures, roads and utilities within 500 feet of the project site.
(2)
Proposed changes to the landscape of the site including grading, vegetation clearing, plantings, and exterior lighting shall be shown. Lighting shall be minimized to that required for safety and site security and reasonably shielded to prevent glare on adjacent properties.
(3)
A landscaping and screening plan shall be provided that specifies how landscaping and screening will mitigate any adverse effects of the project. Removal of existing trees larger than six inches caliper should be minimized.
(4)
Submission of a one- or three-line electrical diagram detailing the project layout, solar collection installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices. Reasonable efforts shall be made to place all utility lines from the photovoltaic solar energy system underground, depending on appropriate soil conditions, shape and topography of the site, financial feasibility, and any requirements of the utility provider.
(5)
Submission of detailed blueprints and engineering documents of the solar energy facility footprint showing the layout and location of the solar arrays and all solar energy equipment signed by a professional engineer or registered architect.
(6)
A preliminary equipment specification sheet that documents all proposed solar panels, significant components, mounting systems, utility tie-in locations, surface or underground conduit, rights-of-way and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to issuance of a building permit.
(7)
Erosion and sediment control and stormwater management plans prepared to NYSDEC standards, if applicable, and to such standards that may be established by the Planning Board.
(8)
Name, address, and contact information of the proposed or potential installer and the owner and/or operator of the project. Such information of the final installer shall be submitted prior to issuance of a building permit.
(9)
Name, address, and contact information of the applicant and all property owners, demonstrating their consent to the use of the property.
C.
Fencing. Enclosure by fencing to prevent unauthorized access shall be required. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing. The type of fencing shall be agreed upon by the Town. The fencing and the system may be further screened by any landscaping needed to avoid adverse aesthetic impacts.
D.
Energy produced by a medium-scale solar energy system shall be consumed on site and/or may be transferred off site to a utility but only in order to and in an amount sufficient to offset on-site energy usage.
§ 295-73 Additional requirements for large-scale solar energy systems.
Large-scale solar energy systems shall comply with the following additional requirements:
A.
Large-scale solar energy systems shall be located on an active farm.
B.
Site plan review. Large-scale solar energy systems shall require site plan review and approval. In addition to the standard requirements for site plan review, large-scale solar energy systems shall also be required to comply with the additional site plan requirements set forth above for medium-scale solar energy systems.
C.
Decommissioning. The submission of a decommissioning plan and associated bond/escrow account is required.
(1)
Compliance with this plan shall be a condition of the special use permit.
[Amended 4-12-2022 by L.L. No. 8-2022]
(2)
The decommissioning plan must be submitted to and accepted by the Town prior to the issuance of the special use permit.
[Amended 4-12-2022 by L.L. No. 8-2022]
(3)
The associated duly posted bond or escrow account as set forth below must be accepted by the Town prior to issuance of any associated building permit.
(4)
The decommissioning plan must specify that after the solar energy system can no longer be used, it shall be removed by the applicant or any subsequent owner.
(5)
The plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction, including, where applicable, made suitable for agricultural use as existed prior to construction.
(6)
The plan shall also include an expected timeline for execution.
(7)
A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor, and a bond or escrow account shall be posted with the Town for the amount of removal. Cost estimations shall take into account inflation and shall have a term consistent with the life of the solar energy system.
(8)
Removal of solar energy systems must be completed in accordance with the decommissioning plan.
(9)
If the solar energy system is not decommissioned within 90 days after being considered abandoned, the municipality may remove the system and restore the property, using the bond proceeds to do so, and impose a lien on the property to cover these costs to the municipality in excess of the bond proceeds.
(10)
A decommissioning plan shall additionally provide for, but not be limited to:
(a)
Removal of all aboveground and below-ground equipment, structures, and foundations.
(b)
Restoration of the surface grade, effective drainage, and soils after removal of equipment.
(c)
Revegetation of restored soil areas with native perennial vegetation seed mixes, excluding any invasive plant species.
D.
Additional special use permit requirements. In addition to those requirements of the Town's special use permit process under Article XII, § 295-53, large-scale solar energy systems shall also be required to comply with these additional special use permit requirements:
(1)
A large-scale solar energy system shall be located on a farm.
(2)
Agricultural operations on the farm must continue at a level sufficient to be considered an active (i.e., "working") farm or active farm operation as defined in New York State Agriculture and Markets Law § 301(11). Failure to do so subjects the owner/operator to significant penalties for every day the solar array is operational when the agricultural operations are not.
(3)
The total acreage comprising the solar energy system may not exceed more than 25% of the farm acreage, nor be more than 25 acres in area. If a farm residence is present, a minimum of one acre shall be set aside as residential and thus subtracted from the total eligible acreage.
(4)
A notice of intent (NOI) must be filed with the New York State Department of Agriculture and Markets (NYSDAM). The NOI process must be completed and approved by NYSDAM prior to site plan approval.
(5)
The proposal shall comply with NYSDAM "Guidelines for Solar Energy Projects - Construction Mitigation for Agricultural Lands."
(6)
The total area of disturbance shall avoid the farm's best agricultural soils and/or farming areas to the greatest extent practicable, including avoiding all prime soils to the greatest extent practicable. Disturbed area includes, but is not limited to, solar arrays, access roads, operation and maintenance buildings, utility tie-ins, substations and rights-of-way.
(7)
The solar arrays and associated structures shall have sufficient setbacks from any public roads and adjacent non-owner properties or public sites to avoid creation of an adverse visual or other environmental impact to or from adjacent properties.
(8)
All access roads and vehicular pathways within the solar energy system footprint shall be constructed to minimize the extent of impervious materials and soil compaction. Access roads and pathways should follow the perimeter of fields when practicable to reduce the clearing of mature trees and vegetation. Access roads shall be maintained for emergency services.
(9)
The solar panels shall be installed by a qualified solar installer by being augered into the ground or pole driven and safely secured while creating minimal impact on the soils.
(10)
Minimum setbacks shall be 100 feet from a public road, 50 feet from side and rear yard lot lines, and 150 feet from any residences.
(11)
The solar panels shall have a maximum height of 20 feet when the system is oriented at its maximum tilt.
(12)
The solar panels shall be installed at a height above ground that is sufficient to allow wildlife to pass underneath. The solar panels must have sufficient clearance off the ground of at least 32 inches and be spaced such that enough sunlight reaches the ground to support the growth of grasses, wildflowers, pollinators, or other plant life that will help enrich the underlying soil.
(13)
Plantings shall include a nitrogen fixing legume such as ladino clover or other native perennial vegetation used as cover crops and/or pollinators and replanted as necessary under the solar panels. The Monroe County Soil and Water Conservation District may have additional suggestions.
(14)
A landscape plan must be submitted for approval. The plan must factor in site-specific conditions, including topography, adjacent structures, and roadways, and, to the greatest extent practicable, shall minimize visual impacts by preserving natural vegetation, creating berms, and providing landscape screening to abutting properties, roads, public lands and properties, such as, but not limited to, parks and trails, and environmentally sensitive resources. A visual assessment of the effects of the project on visual character and scenic resources may be required.
(15)
Solar energy systems shall be designed to minimize reflective glare toward roads and any inhabited building on adjacent properties.
(16)
Equipment specification sheets shall be provided for all photovoltaic panels, significant components, major mounting systems, and inverters that are to be installed.
(17)
Maintenance and operation. The submission of a property operation and maintenance plan shall be required. Such plan shall describe continuing maintenance of the solar energy system as well as property upkeep, including mowing, trimming, replacement of plantings, debris removal, replacement of surface materials for access, and inspection protocols of drainage systems and other site infrastructure.
(18)
Any damaged or defective panels shall be replaced or removed within 90 days of discovery to prevent leaching of materials into the soil.
(19)
Sites must be available for inspections from Code Enforcement Officers and other involved government agencies or representatives of those agencies.
(20)
Agricultural conservation easements and/or deed restrictions, in a form acceptable to the Town, shall restrict nonagricultural activities on 75% of the total eligible farm acreage of the subject farm on which the large-scale solar energy system is located. Said easements/restrictions shall be filed and recorded with the Monroe County Clerk's Office prior to the issuance of a building permit.
[Amended 12-20-2023 by L.L. No. 14-2023]
(21)
As an alternative to the above at Subsection D(20), agricultural conservation easements and/or deed restrictions, in a form acceptable to the Town, shall restrict nonagricultural activities on eligible farm acreage of a noncontiguous (off-site) active farm, said noncontiguous (off-site) active farm to be in the Town of Henrietta, all in an amount of acreage equal to four times the acreage of the subject proposed solar facility. Said easements/restrictions shall be filed and recorded with the Monroe County Clerk's Office prior to the issuance of a building permit. In this case, for Subsection D(2) and (3) above, "farm" shall apply to the noncontiguous (off-site) farm.
[Added 12-20-2023 by L.L. No. 14-2023[1]]
[1]
Editor's Note: This local law also renumbered former Subsection D(21) through (28) as Subsection D(22) through (29), respectively.
(22)
The solar arrays and associated electrical equipment shall be enclosed by security fencing to prevent unauthorized access. All mechanical equipment, including any structure for storage batteries, shall be enclosed in a manner consistent with the National Electrical Code and the Town of Henrietta Director of Engineering and Planning. Warning signs with the owner's twenty-four-hour emergency contact information shall be placed on the entrance and perimeter of the fencing. The fencing may be required to be supplemented by landscaping or other screening methods needed to avoid adverse aesthetic impacts. All fencing must be approved as part of the site plan.
(23)
Disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface as dictated by the National Electrical Code. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
(24)
An insurance policy providing coverage for liability which may arise as a result of the solar energy system shall be required.
(25)
Lease. If a lease is proposed in connection with the development and/or operation of the solar energy system, said lease and any other easements or agreement related thereto shall be submitted to the Town with the site plan and special use permit application.
[Amended 4-12-2022 by L.L. No. 8-2022]
(26)
That portion of the farm occupied by the solar array system shall be separated out into its own parcel (thus forfeiting any agricultural exemptions).
(27)
Once the solar array parcel has been separated out from the farm, the property owner will be required to obtain new agricultural soil quality maps for any parcel affected by the separation of the solar arrays.
(28)
An agreement must be put in place between the property owner/operator and the Town prior to approval of the special use permit for the arrays. Included in the agreement will be the decommissioning plan and bond or escrow amount that shall be created sufficient to cover the cost of removing the entire array when it reaches the end of its life span or has become abandoned, the specified penalties for failure to maintain an agricultural operation, any negotiated PILOT agreement (see above), and any other pertinent details. No special use permit will be issued without an executed agreement.
(29)
The Town Board may impose additional conditions on its approval of any special use permit under this section in order to enforce the standards referred to in this section.
E.
Payment in lieu of taxes. The Town of Henrietta intends to require a contract for payments in lieu of taxes, all as per § 487 of the New York Real Property Tax Law, including, but not limited to, for large-scale solar energy systems, all as set forth at Chapter 250 of the Henrietta Town Code.
[Amended 11-15-2023 by L.L. No. 13-2023]
F.
This article is not intended to nor shall it preempt New York State law as it relates to the regulation of certain large solar developments to be regulated by the New York State Board of Electric Generation Siting and the Environment, which, at the time of adopting this article, applies to solar energy systems generating at least 25 MW of energy.
§ 295-74 New York State unified solar permit process.
The streamlined New York State unified solar permit process is available for approval for all residential solar photovoltaic system installations that meet the criteria listed below.
A.
Has a rated DC capacity of 25 kW or less.
B.
Is mounted on a permitted roof structure, on a legal accessory structure, or ground mounted on the applicant's property.
C.
If the mounting structure is a sloped roof, the solar panels are mounted parallel to the roof surface.
D.
The solar installation contractor complies with all licensing and other requirements of the Town of Henrietta, County of Monroe, and State of New York.
E.
Does not need a zoning variance.
F.
If the house is an historic property, or otherwise subject to an Architectural or Historical Review Board, the review has already been completed.
G.
The applicant must complete the Town of Henrietta unified solar permit and submit it to the Department of Building and Fire Prevention, along with the associated fee, in order to obtain the necessary building permits to install or have installed a qualified solar system.
§ 295-75 Decommissioning and abandonment.
A.
All solar energy systems shall be decommissioned upon abandonment.
B.
All large-scale solar arrays shall be decommissioned according to the approved decommissioning plan, including within the time frame established therein.
C.
If no decommissioning timeline is established (i.e., via a decommissioning plan), a solar energy system shall be decommissioned no later than six months after abandonment. Applications for extensions to provisions in this subsection and for extensions related to abandonment may be made to and reviewed by the Town Board and may be granted up to a single six-month extension for good cause shown, all in the Town Board's discretion.
D.
Should the owner and/or operator fail to decommission the solar energy system as required herein:
(1)
The Town shall issue a notice to the owner/operator on file with the Town calling for a hearing before the Town Board. The owner/operator may present evidence at such hearing regarding the abandonment and decommissioning status of the solar energy system.
(2)
If, after said hearing, the Town Board determines that the solar energy system is, in fact, abandoned, and the time to decommission it has expired, the Town Board may then order that the Town remove the solar energy system itself. In this case, the Town may utilize the proceeds from the bond provided as part of the decommissioning plan to pay for said decommissioning.
(3)
If no bond is available or cannot otherwise be accessed, the Town may pay the costs of such decommissioning. The Town shall be reimbursed for such costs by assessment and levy upon real property associated with the solar energy system, and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges and charged the same as a lien against the subject property, which lien shall be levied against said property's taxes.