Homer Village City Zoning Code
ARTICLE XI
Solar Energy
§ 228-68 Authority.
This article is adopted pursuant to §§ 7-700 through 7-704 of the Village Law of the State of New York, which authorize the Village 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."
§ 228-69 Statement of purpose.
This article is adopted to advance and protect the public health, safety, and welfare of the Village of Homer, including:
§ 228-70 Definitions.
As used in this article, the following terms shall have the meanings indicated:
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.
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.
A Solar energy system that is ground-mounted and produces energy primarily for the purpose of off-site sale and consumption.
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.
Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.
An electrical generating system composed of a combination of both solar panels and solar energy equipment.
A photovoltaic device capable of collecting and converting solar energy into electrical energy.
§ 228-71 Applicability.
The requirements of this law shall apply to all solar energy systems installed or modified after its effective date.
§ 228-72 Solar as an accessory use or structure.
Roof-mounted solar energy systems.
Roof-mounted solar energy systems that use the electricity on-site are permitted as an accessory use in all zoning districts subject to site plan review and when attached to any lawfully permitted building or structure.
Solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located.
Panels facing the front yard 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, when feasible.
Ground-mounted solar energy systems.
Ground-mounted solar energy systems that use the electricity primarily on-site are permitted as accessory structures in all zoning districts subject to site plan review.
Ground-mounted solar energy systems shall adhere to the height, setback and lot coverage requirements of the underlying zoning district.
All such systems in residential districts shall be installed in the side or rear yards.
§ 228-73 Approval standards for large-scale solar systems as a special use.
Large-scale solar energy systems are permitted through the issuance of a special use permit within nonresidential zoning district(s), subject to the requirements set forth in this section, including site plan approval. Applications for the installation of a large-scale solar energy system shall be reviewed by the Code Enforcement Officer and Planning Board and referred, with comments and recommendations, to the Village Board of Trustees for its review and action, which can include approval, approval on conditions, and denial.
For a special permit application, the site plan application is to be used as supplemented by the following provisions.
If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.
Site Plan showing the layout of the solar energy system signed by a professional engineer or registered architect shall be required.
The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.
The property operation and maintenance plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.
To ensure the proper removal of large-scale solar energy systems, a decommissioning plan shall be submitted as part of the application. Compliance with this plan shall be made a condition of the issuance of a special use permit under this section. The decommissioning plan must specify that after the large-scale solar energy system is no longer being used for a period of six months it shall be removed by the applicant or any subsequent owner. 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. The plan shall also include an expected timeline for execution. All financial costs rest with the current operator and adequate bonding for said costs is required. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor. Cost estimations shall take into account inflation. Removal of large-scale solar energy systems must be completed in accordance with the decommissioning plan. If the large-scale solar energy system 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.
Special use permit standards.
Large-scale solar energy systems shall adhere to the height and setback requirements of the underlying zoning district.
Large-scale solar energy systems shall be located on lots with a minimum lot size of 10 acres.
All large-scale solar energy systems shall be enclosed by fencing to prevent unauthorized access. 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 determined by the Village of Homer Board of Trustees. The fencing and the system may be further screened by any landscaping needed to avoid adverse aesthetic impacts.
Any application under this section shall meet all provisions contained in local site plan requirements in this chapter that, in the judgment of the Village Board of Trustees, are applicable to the system being proposed.
The Village Board of Trustees may impose conditions on its approval of any special use permit under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA).[1]
[1]
Editor's Note: See NY Environmental Conservation Law § 8-0101 et seq.
§ 228-74 Abandonment and decommissioning.
Solar energy systems are considered abandoned after six months without electrical energy generation and must be removed from the property at the responsibility of current operator. Applications for extensions are reviewed by the Village Board of Trustees.
§ 228-75 Enforcement.
Any violation of this article shall be subject to the same civil and criminal penalties provided for in this chapter.
§ 228-76 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 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.