Jerusalem Town City Zoning Code
ARTICLE XXV
Solar Energy Systems
[Added 2-15-2017 by L.L. No. 2-2017]
§ 160-153 Authority.
This article is adopted pursuant to §§ 261 through 263 of the Town Law of the State of New York, which authorizes the Town of Jerusalem 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."
§ 160-154 Purpose.
The purpose of this section is to advance and protect the public health, safety, and welfare of Town of Jerusalem, including:
A.
Taking advantage of a safe, abundant, renewable, and nonpolluting energy resource;
B.
Decreasing the cost of energy to the owners of commercial and residential properties, including single-family houses; and
C.
Increasing employment and business development in the region by furthering the installation of solar energy systems.
§ 160-155 Definitions.
As used in this article, the following terms shall have the meanings indicated:
BUILDING INTEGRATED PHOTOVOLTAIC SYSTEM
A solar energy system consisting of 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 onsite consumption.
LARGE-SCALE SOLAR ENERGY SYSTEM
A solar energy system that is ground-mounted and produces energy primarily for the purpose of off-site sale or consumption.
QUALIFIED SOLAR INSTALLER
A person who has skills and knowledge related to the construction and operation of solar energy equipment and installations and has received safety training on the hazards involved. Persons may be deemed to be qualified solar installers if the Town of Jerusalem determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar energy 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.
§ 160-156 Applicability.
The requirements of this law shall apply to all solar energy systems installed or modified after its effective date, excluding general maintenance and repair and building-integrated photovoltaic systems.
§ 160-157 Solar energy system as accessory use or structure.
A.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems that use the electricity produced on site or off 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 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.
(b)
Panels on flat roofs must be mounted on modules fixed to frames, which can be tilted toward an optimal angle.
(4)
Roof-mounted solar energy systems that use the electricity produced on-site shall be exempt from site plan review under the local zoning code or other land use regulations.[1]
[1]
Editor's Note: See Ch. 160, Zoning, and Ch. 142, Subdivision of Land, respectively.
B.
Ground-mounted solar energy systems.
(1)
Ground-mounted solar energy systems that use the electricity produced primarily on site are permitted as accessory structures in the Agricultural-Residential and Residential Districts.
(2)
Height and setback. Ground-mounted solar energy systems shall adhere to the height and setback requirements of the underlying zoning district.
(3)
Aesthetics. Ground-mounted solar energy system installations shall incorporate, when feasible, the following design requirements:
(a)
Panels must be mounted in such a way as to protect the viewshed of Keuka Lake.
(b)
Solar energy systems must be situated in such a way that they minimize the visual impact from public roads.
(4)
Lot coverage systems are limited to 10% of the lot. The surface area covered by ground-mounted solar panels shall be included in total lot coverage.
(5)
Ground-mounted solar energy systems where more than 50% of the electricity produced is used on site shall be exempt from site plan review under the local zoning code or other land use regulations.
§ 160-158 Approval standards for large-scale solar systems as special use.
A.
Large-scale solar energy systems are permitted through the issuance of a special use permit within the Agricultural-Residential District, 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 referred, with comments, to the Town of Jerusalem Zoning Board of Appeals for its review and action, which can include approval, approval on conditions, and denial.
B.
Special use permit application requirements. For a special permit application, the site plan application is to be used as supplemented by the following provisions.
(1)
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.
(2)
Blueprints showing the layout of the solar energy system signed by a professional engineer or registered architect shall be required.
(3)
The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.
(4)
Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.
(5)
Decommissioning plan.
(a)
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 can no longer be used or ceases to be used, 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. 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. The Town Code Enforcement Officer, after suspecting that a solar energy system may be abandoned, shall notify the owner of such assessment and the owner may produce data or records to the Town Zoning Board of Appeals to prove that the solar energy system is active or has been active within the year prior to the notice.
(b)
If the large-scale solar energy system is not decommissioned after being considered abandoned pursuant to § 160-159 hereof, the municipality may remove the system and restore the property. The actual cost of such decommissioning, removal of the system and restoration of the property, plus a service charge of 10% thereof to cover the cost of supervision and administration, shall be certified by the Town Code Enforcement Officer to the Town Supervisor, and such certified amount shall thereupon be charged and assessed against the owner, tenant or occupant of the property that was the subject of the violation. 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 taxes and charges.
C.
Special use permit standards.
(1)
Height and setback. Large-scale solar energy systems shall adhere to the height and setback requirements of the underlying zoning district.
(2)
Lot size. Large-scale energy systems shall be located on lots with a minimum lot size of five acres.
(3)
Lot coverage. A large-scale solar energy system that is ground-mounted shall not exceed 15,000 sq. ft. (0.35 acres). The surface area covered by solar panels shall be included in total lot coverage.
(4)
Any application under this section shall meet any substantive provisions contained in local site plan requirements in the zoning code that, in the judgment of the Town of Jerusalem Planning Board, are applicable to the system being proposed. If none of the site plan requirements are applicable, the Town of Jerusalem Planning Board may waive the requirement for site plan review.
(5)
Aesthetics. Large-scale solar energy system installations shall incorporate, when feasible, the following design requirements:
(a)
Panels must be mounted in such a way as to protect the viewshed of Keuka Lake.
(b)
Solar energy systems must be situated in such a way that they minimize the visual impact from public roads.
(6)
The Town of Jerusalem Zoning Board of Appeals 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 New York State Environmental Quality Review Act (SEQRA).
§ 160-159 Abandonment and decommissioning.
Solar energy systems are considered abandoned after one year without electrical energy generation and metered use thereof and must be removed from the property. Applications for extensions are reviewed by the Town of Jerusalem Planning Board for a period of two years.