Lancaster Town City Zoning Code
ARTICLE XI
Solar Energy Facilities
§ 400-54 Purpose.
This article aims to promote the accommodation of solar energy systems and equipment and the provision for adequate sunlight and convenience of access necessary therefor and to balance the potential impact on neighbors when solar collectors may be installed near their property while preserving the rights of property owners to install solar energy systems without excess regulation. In particular, this legislation is intended to apply to freestanding, ground-mounted or roof-mounted solar energy system installations based upon certain placement. This legislation is not intended to override agricultural exemptions that are currently in place.
§ 400-55 Applicability.
A.
The requirements of this section shall apply to all solar energy systems installed or modified after the effective date of this article, excluding general maintenance and repair.
B.
Solar energy system installations for which a valid building permit has been issued or, if no building permit is presently required, for which installation has commenced before the effective date of this article shall not be required to meet the requirements herein.
C.
All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations and industry standards as referenced in the New York State Uniform Fire Prevention and Building Code[1] and the Town Code.
D.
Nothing contained in this article shall be construed to prohibit "collective solar" installations or the sale of excess power through a net billing or net metering arrangement in accordance with New York State Public Service Law § 66-J or similar New York State or federal law or regulation.
E.
All solar energy systems shall be designed, erected, and installed so as to prevent undue glint and glare from falling on adjoining properties or creating traffic safety issues.
§ 400-56 Solar collectors and installations for minor systems.
A.
Roof-mounted systems are permitted as accessory uses in all zoning districts, subject to the following requirements:
B.
Ground-mounted and freestanding solar collectors.
(1)
Ground-mounted and freestanding solar collectors are permitted as accessory structures in all business and industrial districts, subject to the following requirements:
(a)
The location of the solar collectors meets all applicable setback requirements of the zone in which they are located.
(b)
The height of the solar collectors and any mounts shall not exceed the height restrictions of the zone when oriented at maximum tilt.
(c)
The solar collectors are located in a side or rear yard. If the side or rear yard is visible from adjacent properties and roads, there shall be a landscape buffer installed.
(d)
Ground-mounted and freestanding solar collectors shall not obstruct solar access to adjacent properties.
(e)
A building permit shall be required for installation of all ground-mounted and freestanding solar collectors.
(2)
Ground-mounted and freestanding solar collectors are not permitted in residential districts.
C.
Building-integrated photovoltaic systems, as defined by this article, are not considered an accessory use and are not subject to the requirements of this article, but are subject to all other applicable building, electrical, and safety codes.
D.
All solar collector installations must be performed in accordance with applicable electrical and building codes, the manufacturer's installation instructions, and industry standards, and prior to operation, the electrical connections must be inspected by the Code Enforcement Officer or by an appropriate electrical inspection person or agency, as determined by the Town. In addition, any connection to the public utility grid must be inspected by the appropriate public utility.
E.
When solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Uniform Fire Prevention and Building Code[2] when in use and when no longer used shall be disposed of in accordance with the laws and regulations of Erie County and other applicable laws and regulations.
§ 400-57 Major solar systems.
A.
Major solar systems are permitted through the issuance of a special use permit and site plan review in accordance with this article in the Light Industrial (LI) and General Industrial (GI) Districts. The minimum lot size required is one acre in the Light Industrial (LI) District and one acre in the General Industrial (GI) District. In addition, major solar systems must meet the criteria set forth below.
B.
A major solar system may be permitted in the Light Industrial (LI) and General Industrial (GI) Districts when authorized by site plan review and a special use permit from the Town Board, subject to the following terms and conditions.
(1)
The total coverage on a lot, including freestanding solar panels, shall not exceed 80%.
(2)
Height and setback restrictions.
(a)
The maximum height for freestanding solar panels located on the ground or attached to a framework located on the ground shall not exceed 20 feet in height above the ground.
(b)
The minimum setback from property lines shall be 25 feet, unless adjacent to residential property.
(c)
A landscaped buffer of trees, shrubs or bushes shall be provided around all equipment and solar collectors to provide screening from adjacent residential properties and roads.
(3)
Design standards.
(a)
Removal of trees and other existing vegetation should be minimized and/or offset with planting elsewhere on the property.
(b)
Removal of any prime agricultural soil from the subject parcel is prohibited.
(c)
Proposed major solar systems shall not negatively impact the viability of prime agricultural soils on site.
(d)
Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction.
(e)
All on-site utility and transmission lines shall, to the extent feasible, be placed underground.
(f)
Solar collectors and other facilities shall be designed and located in order to minimize reflective glare and/or glint toward any inhabited buildings on adjacent properties and roads.
(g)
All mechanical equipment, including any structure for batteries or storage cells, shall be enclosed by a minimum six-foot-high fence with a self-locking gate and provided with landscape screening.
(h)
Major systems or solar farms shall not obstruct solar access to adjacent properties.
(4)
Signs.
(a)
A sign not to exceed eight square feet shall be displayed on or near the main access point and shall list the facility name, owner and phone number.
(b)
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations, not to exceed four square feet.
C.
A piece of equipment which meets the definition of oil-filled operational equipment set forth in 40 CFR 112.2 (e.g., transformers, capacitors and electrical switches) shall comply with the secondary containment procedures of that regulation.
§ 400-58 Special use permit requirements.
A.
In addition to the other special use permit requirements of this chapter, the following shall be provided to the Town:
(1)
Verification of utility notification. Any foreseeable infrastructure upgrades shall be documented and submitted. Off-grid systems are exempt from this requirement.
(2)
Name, address, and contact information of the applicant, property owner(s), and agent submitting the project.
(3)
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.
(4)
Site plan. Site plan approval is required.
(5)
Blueprints signed by a professional engineer or registered architect of the solar installation showing the layout of the system.
(6)
Property operation and maintenance plan. A property operation and maintenance plan is required, describing continuing photovoltaic maintenance and property upkeep, such as mowing, trimming, etc.
(7)
Decommissioning plan. 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, 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. 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.