Le Ray City Zoning Code
ARTICLE XVII
Energy Systems
§ 158-127 Purpose.
The purpose of this article is to provide standards for energy systems designed for on-site home, farm, and small commercial use and that are primarily used to reduce on-site consumption of utility power. The intent of this article is to encourage the development of alternative energy systems while protecting the health, safety, and welfare of the public.
§ 158-128 Geothermal energy systems.
A.
Applicability.
(1)
Only closed-loop geothermal energy systems utilizing heat transfer fluids as defined in Article I are permitted. Open-loop geothermal energy systems are not permitted.
(2)
Geothermal energy systems in public waters may be permitted in accordance with approval from the LeRay Town Board, subject to state and federal permits and water quality standards.
(3)
Geothermal energy systems in water bodies owned or managed by the Town of LeRay are not permitted.
B.
Design standards.
(1)
All components of geothermal energy systems, including pumps, borings and loops, shall be set back at least five feet from side lot lines and at least 10 feet from rear lot lines.
(2)
All borings and loops shall be set back at least 10 feet from the foundation of any structure, either on or off site.
(3)
Aboveground equipment associated with geothermal energy shall not be installed in the front yard of any lot or the side yard of a corner lot adjacent to a public right-of-way and shall meet all required setbacks for the applicable zoning district.
(4)
Geothermal energy systems shall not encroach on public drainage, utility roadway or trail easements.
(5)
Geothermal heat pumps shall be screened to reduce noise levels as measured at the property boundary to 50 decibels or less.
(6)
In addition to screening for noise control, geothermal energy systems are considered mechanical equipment and are subject to screening by landscaping, fencing or other methods to enhance the view.
C.
Standards and certifications. Geothermal energy systems shall be certified by Underwriters' Laboratories, Inc., and shall meet the requirements of the New York State Building Code as adopted by the Town of LeRay.
D.
Abandonment.
(1)
If a geothermal energy system remains nonfunctional or inoperative for a continuous period of 12 months, the system shall be deemed to be abandoned and shall constitute a public nuisance.
(2)
Upon notice to the owner by the Zoning Enforcement Officer, within 180 days the owner shall remove the abandoned system at his/her expense after a hearing by the LeRay Town Board, in accordance with the following:
(a)
The heat pump and any external mechanical equipment shall be removed.
(b)
Pipes or coils below the land surface shall be filled with grout to displace the heat transfer fluid. The heat transfer fluid shall be captured and disposed of in accordance with applicable regulations. The top of the pipe, coil or boring shall be uncovered and grouted.
(c)
Geothermal energy systems shall be completely removed from the bottom of any water body.
E.
Permits.
(1)
A building permit shall be obtained from the Jefferson County Fire Prevention and Building Codes Department for any geothermal energy system prior to installation.
(2)
Borings for vertical systems are subject to any and all required approvals and permits from the NYSDEC Division of Waters the New York State Department of Health.
§ 158-129 Small wind energy conversion systems (WECS).
A.
Applicability.
(1)
Small WECS may be used primarily to generate on-site power or to reduce the off-site supply of electricity.
(2)
Freestanding small WECS shall only be permitted in AR Zoning Districts upon issuance of a special use permit.
(3)
Building-mounted and freestanding small WECS with a rotor swept area of 20 square feet or less and a height of 35 feet or less shall be permitted in CC, MU, MED, and AR Districts upon issuance of a special use permit.
B.
Approval. No small WECS shall be erected, constructed, installed or modified without first receiving a special use permit from the Planning Board, as outlined in Article XVI. All small WECS installed prior to the enactment of this article are exempt from the conditions herein; provided, however, that:
(1)
Any such preexisting small WECS which does not provide energy for a continuous period of 12 months shall meet the requirements of this section prior to recommencing production of energy.
(2)
No modification or alteration to an existing small WECS shall be allowed without full compliance with this section.
(3)
Wind energy facilities are an accessory use. A different existing use or an existing structure on the same site shall not preclude the installation of a small WECS or a part of such facility on such site.
(4)
Small WECS constructed and installed in accordance with this section shall not be deemed expansions of a nonconforming use or structure.
C.
Procedure for review.
(1)
An application for a special use permit and site plan review for freestanding small WECS shall include the following requirements, in addition to those requirements pursuant to Articles XVI and XX:
(a)
Ownership and land use information within a radius of 1,000 feet of the location proposed for each tower to be shown on the site plan.
(b)
Location of the proposed small WECS, foundations, guy anchors, and associated equipment to be shown on the site plan.
(c)
Location of important bird areas as identified by New York Audubon Society, other recognized habitats such as any nearby New York State wildlife management areas, any locally recognized priority habitat areas such as those set aside for bats, and any areas considered "sensitive." This may include but not be limited to areas such as bird conservation areas or areas covered under mitigation for species such as grassland birds and state-identified wetlands to be shown on the site plan.
(d)
Setback requirements as outlined in this chapter to be shown on the site plan.
(e)
Small WECS specifications, including manufacturer, model, rotor diameter, tower height, and tower type (freestanding or guyed).
(f)
If the small WECS will be connected to the power grid, documentation shall be provided regarding the notification of the intent with the utility regarding the applicant's installation of a small WECS.
(g)
Tower foundation engineering drawings stamped by a professional engineer licensed to practice in the State of New York.
(h)
Sound level analysis prepared by the wind turbine manufacturer or qualified engineer.
(i)
Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code (usually provided by the manufacturer).
(j)
Estimated costs of physically removing the small WECS to comply with safety standards.
(k)
Evidence of compliance or nonapplicability with Federal Aviation Administration requirements.
(l)
The site plan must be stamped by a professional engineer licensed to practice in the State of New York.
(2)
An application for a special use permit and site plan review for building-mounted small WECS shall include all the requirements of Subsection C(1) above, except Subsection C(1)(g), and the following:
(a)
Building connection details and engineering drawings stamped by a professional engineer licensed to practice in the State of New York.
(3)
Prior to issuance of a special use permit, the applicant shall provide the Town proof of a level of insurance to be determined by the Town Board in consultation with the Town's insurer, to cover damage or injury that might result from the failure of a tower or towers or any other part or parts of the generation and transmission facility.
D.
Application review process.
(1)
Applications for small WECS are deemed unlisted projects under SEQRA. The Planning Board may conduct its SEQRA review in conjunction with other agencies, in which case the records of review by said communities shall be part of the record of the Planning Board's proceedings.
(2)
An application under this section is not deemed complete until a properly completed environmental assessment form (EAF) under the State Environmental Quality Review Act[1] (or successor provision) has been submitted to the Planning Board, and:
(a)
Lead agency has been established pursuant to the Environmental Conservation Law;
(b)
A negative declaration or conditional negative declaration has been filed pursuant to the Environmental Conservation Law; or
(c)
If it has been determined that the project may have a significant effect on the environment, a draft environmental impact statement has been accepted by the lead agency.
[1]
Editor's Note: See New York State Environmental Conservation Law § 8-0101 et seq.
(3)
The Planning Board will require a developer agreement for any engineering and legal review of application(s) and any environmental impact statements before commencing its review.
E.
Design standards. In addition to the special use permit review process as provided in Article XVI, the small WECS shall also be evaluated for compliance to the following standards:
(1)
Setback and area requirements.
(a)
Freestanding small WECS shall be set back a distance, measured from the center of the tower base, at 1 1/2 times the total height of the tower from:
[1]
Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road.
[2]
Any overhead utility or transmission lines.
[3]
All property lines.
[4]
All dwellings.
[5]
Any travel ways, to include but not be limited to driveways, parking lots, nature trails or sidewalks.
[6]
Other wind turbine towers, electrical substations, or meteorological towers.
[7]
Wind turbines shall be set back at least 1,000 feet from important bird areas, as identified by the New York Audubon Society, other recognized habitats such as any nearby New York State wildlife management areas, and any locally recognized priority habitat areas such as those set aside for bats and any areas considered "sensitive," which may include but not be limited to areas such as bird conservation areas or areas covered under mitigation for species such as grassland birds; and at least 500 feet from state-identified wetlands. These distances may be adjusted to be greater or lesser at the discretion of the reviewing body, based on topography, land cover, land uses, and other factors that influence the flight patterns of resident birds.
(b)
Guy wires used to support the tower are exempt from the small WECS setback requirements. However, the guy wires may not be located within or over a right-of-way without obtaining an easement.
(c)
No small WECS shall be installed or mounted less than 100 feet from the nearest dwelling as measured horizontally from the center of the rotor.
(d)
All small WECS shall require a minimum lot size of one acre for each turbine.
(2)
Height.
(a)
The total height for freestanding small WECS in AR Districts shall not exceed 100 feet; the total height for freestanding small WECS in the CC, MU and MED Districts shall not exceed 35 feet.
(b)
Building-mounted small WECS shall not be installed to a total height which exceeds the building height limitations for the given district.
(3)
Towers.
(a)
Freestanding wind turbines may only be attached to specifically designed and manufactured towers.
(b)
The applicant shall provide evidence that the proposed tower height does not exceed the height recommended by the manufacturer of the wind turbine.
(c)
Anchor points for any guy wires for a system tower shall be located within the property or easements that the system is located on and not on or across any aboveground electric transmission or distribution lines. The point of attachment for the guy wires shall be sheathed in bright orange or yellow covering from three feet to eight feet above the ground.
(4)
Sound level. A small WECS shall be designed, installed, and operated so that noise generated by the system shall not exceed ambient (L90 measured with the turbine in operative) plus five decibels (dBA), as measured at the closest neighboring property line.
(5)
Safety.
(a)
To prevent harmful wind turbulence on existing structures, the minimum height of the lowest part of any horizontal axis wind turbine blade shall be at least 30 feet above the highest structure or tree within a radius of 250 feet. Modification of this standard may be made when the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure.
(b)
All small WECS shall be equipped with manual and automatic over-speed controls. The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified by the manufacturer.
(d)
At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from rotating machinery. No brand names, logo or advertising shall be placed or painted on the tower, rotor, generator or tail vane where it would be visible from the ground, except that a system or tower's manufacturer's logo may be displayed in an unobtrusive manner on a system generator housing.
(e)
Any small WECS found to be unsafe by the local Zoning Enforcement Officer shall be repaired by the owner to meet federal, state and local safety standards or shall be removed within three months.
(f)
The system shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference or cease operation of the system.
(g)
The system shall be operated such that no damage is caused by stray voltage. If it has been demonstrated that a system is causing stray voltage, the system operator shall promptly mitigate the damage or cease operation of the system.
(6)
Shadowing/flicker. Small WECS shall be sited in a manner that does not result in shadowing or flicker impacts in excess of one hour per day. The applicant has the burden of proving that this effect does not have a significant adverse impact on neighboring or adjacent uses, either through siting or mitigation.
(8)
Code compliance. The small WECS shall comply with all applicable sections of the New York State Building Code and National Electric Code.
(9)
Agriculture and Markets compliance. The New York State Department of Agriculture and Markets guidelines for agricultural mitigation for WECS projects shall be adhered to both inside and outside of agricultural districts. This information can be found at: www.agmkt.state.ny.us, "Construction Projects Affecting Farmland."
(10)
Aviation compliance. The small WECS shall be built to comply with all applicable Federal Aviation Administration guidelines, including but not limited to 14 CFR Part 77, Subpart b, regarding installations close to airports, and the New York Aviation regulations. Evidence of compliance or nonapplicability shall be submitted with the application.
(11)
Visual impacts. It is inherent that small WECS may pose some visual impacts due to the tower height needed to access the wind resources. The purpose of this section is to reduce the visual impacts without restricting the owner's access to the wind resources.
(a)
The applicant shall demonstrate through project site planning and proposed mitigation that the small WECS's visual impacts will be minimized for surrounding neighbors and the community. This may include, but not be limited to, information regarding site selection, turbine design or appearance, buffering, and screening of ground-mounted electrical and control equipment. All electrical conduits shall be underground.
(b)
The color of the small WECS shall either be the stock color from the manufacturer or painted with a white or off-white nonreflective, unobtrusive color that blends in with the surrounding environment.
(c)
A small WECS shall not be artificially lit unless such lighting is required by the Federal Aviation Administration (FAA). If lighting is required, the applicant shall provide a copy of the FAA determination to establish the required markings and/or lights for the small WECS.
(12)
Utility connection. If the proposed small WECS is to be connected to the power grid through net metering, the applicant shall provide written evidence that the electric utility service provider that services the proposed site has been informed of the applicant's intent to install an intermittent customer-owned electric generator.
(13)
Access.
(a)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(b)
All on-site electrical wires associated with the system shall be installed underground except for tie-ins to a public utility company and public utility company transmission poles, towers and lines. This standard may be modified by the Planning Board if the project terrain is determined to be unsuitable due to reasons of excessive grading, biological impacts, or similar factors.
(c)
Existing roads shall be used to provide access to the facility site, or, if new roads are needed, the amount of land used for new roads shall be minimized and the new roads shall be located so as to minimize adverse environmental impacts.
(14)
Approved wind turbines. The manufacturer and model of the wind turbine to be used in the proposed small WECS must have been approved by the California Energy Commission or the New York State Energy Research and Development Authority, or a similar list approved by the State of New York, if available.
(15)
Clearing. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the small WECS and as otherwise prescribed by applicable laws, regulations, and ordinances.
F.
Operations.
(1)
All small WECS shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. "Operational condition" includes meeting all permit conditions.
(2)
Should a small WECS become inoperable, or should any part of the WECS be damaged, or should a WECS violate a permit condition, the owner or operator shall remedy the situation within 90 days after written notice from the Zoning Enforcement Officer to cure any deficiency.
(3)
An extension of the ninety-day period may be considered, but the total period may not exceed 180 days.
G.
Bonding requirements. Whenever any small WECS facility is constructed, the operator of the facility shall obtain and keep in force a performance bond payable to the Town of LeRay to cover the cost of removal of the facility. The performance bond shall remain in force throughout the time that the facility is located on the site. The amount of the bond shall equal 150% of the estimated costs of removal, as determined by the Zoning Enforcement Officer, or $1,000, whichever is greater.
H.
Abandonment.
(1)
At such time that a small WECS is scheduled to be abandoned or discontinued, the applicant will notify the Zoning Enforcement Officer by certified United States mail of the proposed date of abandonment or discontinuation of operations.
(2)
Upon abandonment or discontinuation of use, the owner shall physically remove the small WECS within 90 days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the Zoning Enforcement Officer. "Physically remove" shall include but not be limited to:
(3)
In the event that an applicant fails to give such notice, the system shall be considered abandoned or discontinued if the system is out of service for a continuous twelve-month period. After the 12 months of inoperability, the Zoning Enforcement Officer may issue a notice of abandonment to the owner of the small WECS. The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date.
(4)
The Zoning Enforcement Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides reasons for the operational difficulty, provides a reasonable timetable for corrective action, and demonstrates that the small WECS has not been abandoned.
(5)
If the owner fails to respond to the notice of abandonment or if after review by the Zoning Enforcement Officer it is determined that the small WECS has been abandoned or discontinued, the owner of the small WECS shall remove the wind turbine and tower at the owner's sole expense within 120 days of receipt of the notice of abandonment.
(6)
If the owner fails to physically remove the small WECS after the notice of abandonment procedure, the Town shall have the authority to enter the subject property and physically remove the small WECS at the owner's sole expense.
I.
Violations; prior installations.
J.
Penalties.
(1)
Any person owning, controlling or managing any building, structure or land who shall undertake a small WECS in violation of this section or in noncompliance with the terms and conditions of any permit issued pursuant to this section, or any order of the Enforcement Officer, and any person who shall assist in so doing, shall be guilty of an offense and shall be subject to a fine of not more than $350 or to imprisonment for a period of not more than six months, or to both such fine and imprisonment.
(2)
Every such person shall be deemed guilty of a separate offense for each week such violation shall continue. The Town may institute a civil proceeding to collect civil penalties up to $350 for each violation, and each week said violation continues shall be deemed a separate violation.
(3)
In addition to the penalties provided above, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of this chapter. The violator will be held responsible for all legal fees, engineering fees and any other cost incurred by the Town in enforcing this chapter.
K.
Waiver provisions.
(1)
The Planning Board may, after a public hearing (which may be combined with other public hearings on small WECS so long as the waiver request is detailed in the public notice), grant a waiver from the strict application of the provisions of this section if, in the opinion of the Planning Board, the grant of said waiver is in the best interests of the Town of LeRay.
(2)
The Planning Board may consider, as reasonable factors in evaluating any waiver of the terms of this section, the impact of the waiver on the surrounding area, including:
L.
Exemptions for recognized farm operations seeking placement of small wind energy conversion systems within county-adopted, state-certified agricultural districts.
(1)
Farming operations, as the same are defined by § 301, Subdivision 11, of the New York State Agriculture and Markets Law, are, by operation of § 305-a of said law, exempt from the preceding subsections of this section.
(2)
The exemption is limited to said operations located within county-adopted, state-certified agricultural districts as defined by the New York State Agricultural and Markets Law.
(3)
The exemption shall release such recognized farm operations from the application of the following sections of § 158-129, Small wind energy conversion systems (WECS), as enacted above, to wit:
(a)
Farming operations, as defined above, are exempt from the requirement to provide an engineered sound analysis and an estimate of the costs of physical removal as required by § 158-129C(1)(h) and (j).
(b)
Farming operations, as defined above, are exempt from the requirement to provide proof of insurance as required by § 158-129C(3).
(c)
Farming operations, as defined above, are exempt from the requirements contained in § 158-129D in that such operations shall be considered a Type II action not subject to compliance with the State Environmental Quality Review (SEQR) nor subject to preparation of an environmental assessment form (EAF) according to guidelines published by the New York State Department of Agriculture. In addition, such operations shall be considered exempt from the requirement of developer agreement and public hearing as contained in the forenoted exempted sections.
(d)
Farming operations, as defined above, are exempt from the requirement regarding important bird areas contained in § 158-129E(1)(a)[7].
(e)
Farming operations, as defined above, are exempt from the requirement regarding the height requirement contained in § 158-129E(2)(b) so long as other operational standards and requirements of this section are fully met.
(f)
Farming operations, as defined above, are exempt from the environmental review aspects (sound and visual), utility access and vegetation disturbance minimization requirements contained in § 158-129E(4), (6), (11), (13) and (15) so long as other operational standards and requirements of this section are fully met.
M.
Severability. Should any provision of this section be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this section as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
§ 158-130 Solar energy and battery energy storage systems.
[Amended 1-14-2021 by L.L. No. 2-2021]
A. BATTERY ENERGY STORAGE SYSTEM(1) (2) (3) BUILDING-INTEGRATED SOLAR ENERGY SYSTEM DEDICATED-USE BUILDING(1) (2) (3) (4) (a) (b) FARMLAND OF STATEWIDE IMPORTANCE GLARE GROUND-MOUNTED SOLAR ENERGY SYSTEM LARGE-SCALE SOLAR ENERGY SYSTEM MEDIUM-SCALE SOLAR ENERGY SYSTEM NATIVE PERENNIAL VEGETATION NET-METERING OCCUPIED COMMUNITY BUILDING OFF-SITE CONSUMPTION ON-SITE CONSUMPTION POLLINATOR ROOF-MOUNTED SOLAR ENERGY SYSTEM SMALL-SCALE SOLAR ENERGY SYSTEM SOLAR ACCESS SOLAR ENERGY EQUIPMENT SOLAR ENERGY SYSTEM SOLAR ENERGY SYSTEM, PASSIVE SOLAR PANEL STORAGE BATTERY WATTAGE(1) (2) (3)
Definitions. As used in this section, the following terms shall have the meanings indicated:
One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone twelve-volt car battery or an electric motor vehicle. A battery energy storage system is classified as a small, medium or large battery energy storage system as follows:
Small battery energy storage systems have an aggregate energy capacity less than or equal to 200 kWh and, if in a room or enclosed area, consist of only a single energy storage system technology.
Medium battery energy storage systems have an aggregate energy capacity greater than 201 kWh to 600 kWh or are comprised of more than one storage battery technology in a room or enclosed area.
Large battery energy storage systems have an aggregate energy capacity greater than 600 kWh or are comprised of more than one storage battery technology in a room or enclosed area.
A combination of solar panels and solar energy equipment integrated into any building envelope system such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, excluding passive solar energy systems which produce electricity for on-site consumption.
A building that is built for the primary intention of housing battery energy storage system equipment, is classified as Group F-1 occupancy as defined in the International Building Code, and complies with the following:
The building's only use is battery energy storage, energy generation, and other electrical gridrelated operations.
No other occupancy types are permitted in the building.
Occupants in the rooms and areas containing battery energy storage systems are limited to personnel that operate, maintain, service, test, and repair the battery energy storage system and other energy systems.
Administrative and support personnel are permitted in areas within the buildings that do not contain battery energy storage systems, provided the following:
The areas do not occupy more than 10% of the building area of the story in which they are located.
A means of egress is provided from the administrative and support use areas to the public way that does not require occupants to traverse through areas containing battery energy storage systems or other energy system equipment.
Land, designated as "Farmland of Statewide Importance" in the U.S. Department of Agriculture Natural Resources Conservation Service's (NRCS) Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that is of state-wide importance for the production of food, feed, fiber, forage, and oilseed crops as determined by the appropriate state agency or agencies. Farmland of statewide importance may include tracts of land that have been designated for agriculture by state law.
The effect by reflections of light with intensity sufficient, as determined in a commercially reasonable manner, to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.
A solar energy system that is anchored to the ground via a pole or other mounting system, detached from any other structure that generates electricity for on-site or off-site consumption.
A solar energy system with system capacity greater than 100 kW AC for off-site sale or consumption.
A solar energy system with a system capacity greater than 30 KW AC and less than or equal to 100 KW AC for on-site or off-site consumption.
Native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators, and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation (NYSDEC).
A billing mechanism that credits solar energy system owners for the electricity they add to the grid. For example, if a residential customer has a PV system on their roof, it may generate more electricity than the home uses during daylight hours.
Any building in Occupancy Group A, B, E, I, R, as defined in the International Building Code, including but not limited to schools, colleges, day-care facilities, hospitals, correctional facilities, public libraries, theaters, stadiums, apartments, hotels, and houses of worship.
Off-site solar energy systems generate energy to be sold to the grid commercially and used on other sites, not for use on the site on which it is generated.
On-site solar energy systems generate energy to be used primarily on the site on which it is generated.
Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.
A solar energy system located on the roof of any legally permitted building or structure that produces electricity for on-site or off-site consumption.
A solar energy system with a system capacity less than or equal to 30 kW AC for on-site consumption and that generates no more than 110% of the electricity consumed on the site over the previous 12 months.
Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties.
Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.
The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. The area of a solar energy system includes all the land inside the perimeter of the solar energy system, which extends to any interconnection equipment.
A system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.
A photovoltaic device capable of collecting and converting solar energy into electricity.
A device that stores energy and makes it available in an electrical form.
Solar panel wattage represents a solar panel's theoretical power production (output) under ideal sunlight and temperature conditions. Wattage is calculated by multiplying volts x amps, where volts represents the amount of force of the electricity and amperes (amps) refers to the aggregate amount of energy used.
WATT1 watt is equivalent to 1 joule per second.
KILOWATT (KW)A measure of 1,000 watts of electrical power.
MEGAWATT (MW)A unit of power equal to 1,000,000 watts, or 1,000 kilowatts, especially as a measurement of the output of a power station.
LeRay (T) - Kilowatts to Megawatts Conversion Table | ||
|---|---|---|
Town Defined Solar System Size | Power (Kilowatts) | Power (Megawatts) |
Small-scale solar energy system | 1 kW | 0.001 MW |
Small-scale solar energy system | 10 kW | 0.01 MW |
Small-scale solar energy system | 30 kW | 0.03 MW |
Medium-scale solar energy system | 31 kW | 0.031 MW |
Medium-scale solar energy system | 100 kW | 0.1 MW |
Large-scale solar energy system | 101 kW | 0.101 MW |
Large-scale solar energy system | 1,000 kW | 1 MW |
Large-scale solar energy system | 10,000 kW | 10 MW |
B.
Applicability.
(1)
The requirements of this section shall apply to all solar energy systems and battery energy storage systems permitted, installed, or modified in the Town of LeRay after the effective date of this section, excluding general maintenance and repair, and excluding passive and building-integrated solar energy systems.
(2)
Solar energy systems or battery energy storage systems constructed or installed prior to the effective date of this section shall not be required to meet the requirements of this section.
(3)
Modifications to an existing solar energy system that increase the solar energy system area by more than 10% of the original area of the solar energy system (exclusive of moving any fencing) shall be subject to this section.
(4)
Modifications to, retrofits, or replacements of an existing battery energy storage system that increase the total battery energy storage system designated discharge duration or power rating shall be subject to this section.
(5)
All solar energy systems and battery energy storage systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code ("Building Code"), the National Fire Protection Association (NFPA) codes and standards, the National Electric Code (NEC), the NYS Energy Conservation Code ("Energy Code"), and the Town of LeRay Code.
(6)
Solar energy systems and battery energy storage systems shall be permitted within the Town of LeRay zoning districts as specified on the chart at Appendix A,[1] and subject to review requirements contained in this section.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
C.
General requirements.
(1)
Permits and reviews required:
System Type | Permit/Review Required |
|---|---|
Building-integrated solar energy system | Zoning permit |
Roof-mounted solar energy system | Zoning permit |
Small-scale solar energy system | Zoning permit |
Small battery energy storage system | Zoning permit |
Medium-scale solar energy system | Site plan review and zoning permit |
Medium battery energy storage system | Site plan review and zoning permit |
Large-scale solar energy system | Site plan review, special use permit and zoning permit |
Large battery energy storage system | Site plan review, special use permit and zoning permit |
(2)
The Planning Board is encouraged to condition its approval of proposed development sites adjacent to Solar Energy Systems so as to protect their access to sufficient sunlight to remain economically feasible over time.
(3)
The Planning Board is encouraged to ensure Battery Energy Storage System facilities meet the Town requirements to set them back from nearby homes and occupied community buildings.
(4)
Issuance of permits and approvals by the Planning Board shall include review pursuant to the State Environmental Quality Review Act (ECL Article 8) and its implementing regulations at 6 NYCRR Part 617 ("SEQRA").
(5)
All Battery Energy Storage Systems, and all other buildings or structures that (1) contain or are otherwise associated with a Battery Energy Storage System and (2) are subject to the Uniform Code and/or the Energy Code shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the Energy Code, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code, and the Town of LeRay Code.
(6)
All solar collectors must be in compliance with the NYSDEC and federal floodplain regulations as they pertain to waterways, water bodies, and designated wetlands.
(7)
Glare. All solar panels shall have anti-reflective coating(s). Where sited, any glare or heat that is perceptible beyond subject property lines shall be prevented. Particular attention shall be paid to orientation with regard to airport runway locations and airplane flyover/approach patterns to minimize glare impact on airplane pilots.
D.
Building-integrated solar energy systems shall be required to obtain a zoning permit from the Town of LeRay prior to placement and operation of such system, and they shall also meet all other requirements pertaining to primary and accessory structures.
E.
Permitting requirements for roof-mounted solar energy systems. All roof-mounted solar energy systems shall be permitted in all zoning districts and shall be exempt from site plan review, special use permits under the local zoning code or other land use regulation, subject to a zoning permit issued by the Town, as well as the following conditions for each type of solar energy system:
(1)
Roof-mounted solar energy systems shall incorporate, when feasible, the following design requirements:
(a)
Solar panels on pitched roofs shall be mounted with a maximum distance of 18 inches between the roof surface the highest edge of the system.
(b)
Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.
(c)
Solar panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.
(d)
Solar panels on flat roofs shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher.
(2)
Glare. All solar panels shall have anti-reflective coating(s). Particular attention shall be paid to orientation with regard to airport runway locations and airplane flyover/approach patterns to minimize glare impact on airplane pilots.
(3)
Height. All roof-mounted Solar Energy Systems shall be subject to the maximum height regulations specified within the underlying zoning district.
F.
Permitting requirements for small-scale ground-mounted solar energy systems. All small-scale ground-mounted solar energy systems shall be permitted in all zoning districts with a zoning permit, subject to the following conditions:
(1)
Setbacks. Small-scale ground-mounted solar energy systems shall be subject to the setback regulations specified for structures within the underlying zoning district. In residential districts, all small-scale ground-mounted solar energy systems shall be installed in side or rear yards with a minimum twenty-foot setback. Waterfront parcels are considered to have two front yards, and therefore regulations are to follow the setback stated for front yards in both setbacks.
(2)
Height. Small-scale ground-mounted solar energy systems shall be subject to a fifteen-foot height limit.
(3)
Screening and visibility.
(a)
All small-scale ground-mounted solar energy systems shall have views minimized from adjacent properties to the extent deemed appropriate by the Zoning Officer.
(b)
Small-scale solar energy equipment shall be located in a manner to reasonably avoid and/or minimize blockage of views from surrounding properties and shading of adjacent property to the north, while still providing adequate solar access.
(4)
Lot size. Small-scale on-site ground-mounted solar energy systems shall comply with the existing lot size requirement within the underlying zoning district.
G.
Permitting requirements for medium-scale ground-mounted solar energy systems. All medium-scale ground-mounted solar energy systems shall be permitted in all zoning districts with a site plan review and zoning permit, subject to the following conditions:
(1)
Setbacks. Medium-scale ground-mounted solar energy systems shall be subject to the setback regulations specified for structures within the underlying zoning district. In residential districts, all medium-scale ground-mounted solar energy systems shall be installed in side or rear yards with a minimum twenty-foot setback. Waterfront parcels are considered to have two front yards, and therefore regulations are to follow the setback stated for front yards in both setbacks.
(2)
Height. Medium-scale ground-mounted solar energy systems shall be subject to a fifteen-foot height limit.
(3)
Screening and visibility.
(a)
All medium-scale ground-mounted solar energy systems shall have views minimized from adjacent properties to the extent deemed appropriate by the Planning Board.
(b)
Medium-scale solar energy equipment shall be located in a manner to reasonably avoid and/or minimize blockage of views from surrounding properties and shading of adjacent property to the north, while still providing adequate solar access.
(4)
Lot size. Medium-scale on-site ground-mounted solar energy systems shall comply with the existing lot size requirement within the underlying zoning district.
H.
Permitting requirements for small-scale solar energy and small-scale battery energy storage systems. All small-scale solar energy and small-scale battery energy storage systems shall be permitted in all zoning districts, subject to the Uniform Code and a zoning permit, and exempt from site plan review.
I.
Permitting requirements for medium-scale solar energy and medium-scale battery energy storage systems. All medium-scale solar energy and medium-scale battery energy storage systems shall be permitted within allowable zoning districts, subject to the Uniform Code, a zoning permit, and a site plan review.
J.
Permitting requirements for large-scale solar energy and large-scale battery energy storage systems. All large-scale solar energy systems and large-scale battery energy storage systems are permitted through the issuance of a site plan review and special use permit within all zoning districts, and subject to the following application requirements:
(1)
Site plan application. For any solar energy or Battery Energy Storage System requiring a special use permit, a site plan review shall be required. Any site plan application shall include the following information:
(a)
Property lines and physical features, including roads, for the project site.
(b)
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.
(c)
A three-line electrical diagram detailing the solar energy system layout or battery energy storage system, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices.
(d)
A preliminary equipment specification sheet that documents all proposed solar panels, significant components, mounting systems, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the completion of the project.
(e)
Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the solar energy system or batter energy storage system. Such information of the final system installer shall be submitted prior to the issuance of a building permit.
(f)
Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing, trimming, snow plowing, snow storage, and snow removal.
(g)
With an acre or more of proposed soil disturbance, erosion and sediment control and stormwater management plans prepared to the NYSDEC standards will be required.
(h)
If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of land for the duration of the project, including easements and other legally binding agreements, shall be submitted as part of application.
(i)
Vegetation and tree-cutting. Areas within 10 feet on each side of large-scale battery energy storage systems shall be cleared of combustible vegetation and other combustible growth. Specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground cover shall be permitted to be exempt, provided they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible.
(j)
Noise. The one-hour average noise generated from the battery energy storage systems, components, and associated ancillary equipment shall not exceed a noise level of 60 dBA as measured at the outside wall of any non-participating residence or occupied community building. Applicants may submit equipment and component manufacturers' noise ratings to demonstrate compliance. The applicant may be required to provide operating sound pressure level measurements from a reasonable number of sampled locations at the perimeter of the battery energy storage system to demonstrate compliance with this standard.
(k)
Fire safety compliance plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code.
(l)
Emergency operations plan. A copy of the approved emergency operations plan shall be given to the system owner, the local fire department, and the local fire code official. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information:
[1]
Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.
[2]
Procedures for inspection and testing of associated alarms, interlocks, and controls.
[3]
Procedures to be followed in response to notifications from the battery energy storage management system, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed-upon notification to Fire Department personnel for potentially hazardous conditions in the event of a system failure.
[4]
Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the Fire Department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.
[5]
Response considerations similar to a Safety Data Sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.
[6]
Procedures for dealing with battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility.
[7]
Other procedures as determined necessary by the Zoning Officer or Planning Board to provide for the safety of occupants, neighboring properties, and emergency responders.
[8]
Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.
(2)
Special use permit standards.
(a)
Lot size: The minimum lot size for large-scale solar energy systems or large-scale battery energy storage systems shall meet the lot size requirements of the underlying zoning district.
(b)
Setbacks: Large-scale solar energy systems or large-scale battery energy storage systems shall be set back a minimum of the district setback of primary structures, plus an additional 100 feet for the buffer and screening areas from a public street, residential lot line and/or across a public street from a residential lot line.
(c)
Height: The maximum height for large-scale solar energy system or large-scale battery energy storage systems shall be 15 feet.
(d)
Lot coverage:
[1]
The following components of a large-scale solar energy system or large-scale battery energy storage system shall be considered included in the calculations for lot coverage requirements:
[a]
When calculating the lot coverage, the surface area covered by the solar energy system solar panels shall be included in the calculation of total lot coverage.
[b]
All mechanical equipment of the solar energy system or large-scale battery energy storage system, including any pad-mounted structure for batteries, switchboard, transformers, or storage cells.
[c]
Paved access roads servicing the solar energy system and battery energy storage system.
[2]
Lot coverage of the solar energy system and battery energy system, as defined above, shall not exceed 65%.
(e)
Fencing requirements: All mechanical equipment, including any structure for battery storage batteries, shall be enclosed by a seven-foot-high fence, as required by NEC, with a self-locking gate to prevent unauthorized access.
(f)
Buffering, screening and visibility.
[1]
Solar energy systems and battery energy storage systems shall have views minimized from adjacent properties to the extent reasonably practicable, as determined by the Planning Board based on site-specific conditions, including natural topography, adjacent structures, public roadways, and homes across public roadways. Reasonable efforts shall be made to minimize visual impact while preserving natural vegetation, and providing landscaping to abutting residential properties, public roads, and from public sites known to include important vistas or viewsheds, but screening should minimize the shading of solar collectors using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area.
[2]
Large-scale solar energy systems and large-scale battery energy storage systems shall be required to:
[a]
Conduct a visual assessment of the potential visual impacts of the solar energy system or battery energy storage systems on public roadways, adjacent properties, views from adjacent homes, and homes across public roadways. At a minimum, a line-of-sight profile analysis shall be provided. Depending upon the scope and potential significance of the visual impacts, additional impact analyses, including for example digital viewshed report and photo simulations, shall be submitted by the applicant.
[b]
Submit a screening and landscaping plan to show adequate measures to buffer/screen through landscaping, grading, or other means so that views of solar panels and solar energy equipment shall be minimized as reasonably practical from public roadways, across roadways, and adjacent properties to the extent feasible.
[i]
The screening and landscaping plan shall specify the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system. It shall include sketches/renderings of the buffer plants along with topography considerations indicating their effectiveness in providing screening and minimizing visual and aesthetic impacts.
[ii]
The landscaped screening shall provide screening and buffering to limit project visibility with a mixture of native vegetation, including evergreen and deciduous trees and shrubs, along with other approved methods. At the reasonable discretion of the Planning Board, vegetation must be planted within a buffer area placed within the additional one-hundred-foot setback from the minimum setback along the parcel lines abutting a residential property line, public roadway, or area across a public roadway to a residential home. Existing vegetation may be used to satisfy a portion of the required landscaped screening.
[iii]
The Planning Board shall have the authority to set minimum height limits of plants at time of planting, placement of vegetation within the buffer area, and adequacy of screening to protect nearby homes and public roadways.
[iv]
Buffers/Screening/Vegetation shall be maintained for the life of the project.
(g)
Agricultural resources: For projects located on agricultural lands:
[1]
Any large-scale solar energy system or large-scale battery energy storage systems located on the areas that consist of farmland of statewide importance shall not exceed 50% of the area of farmland of statewide importance on the parcel. Also, large-scale solar energy systems or large-scale battery energy storage systems on farmland of statewide importance shall be required to seed 20% of the total surface area of all solar panels on the lot with native perennial vegetation designed to attract pollinators.
[2]
To the maximum extent practicable, large-scale solar energy systems or large-scale battery energy storage systems located on farmland of statewide importance shall be constructed in accordance with the construction requirements of the New York State Department of Agriculture and Markets.
[3]
Large-scale solar energy system or large-scale battery energy storage system owners shall develop, implement, and maintain native vegetation to the extent practicable pursuant to a vegetation management plan by providing native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall use native plant species and seed mixes.
[4]
Buffers/Screening/Vegetation shall be maintained for the life of the project.
(h)
Fort drum: The applicant shall notify Fort Drum personnel in the Plans, Analysis, and Integration Office upon application submission to determine potential impacts on Fort Drum airfield and training operations. The applicant shall provide a letter of response from Fort Drum.
(i)
Watertown International Airport or any private airfield: The applicant shall notify the Airport Manager upon application submission to determine potential impacts on the airport. The applicant shall provide a letter of response from the Airport Manager.
(3)
Underground requirements: All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way.
(4)
Vehicular paths: Vehicular paths within the site shall be a minimum of 20 feet in width and designed to minimize the extent of impervious materials and soil compaction.
(5)
Signage.
(a)
No signage or graphic content shall be displayed on the solar energy systems or battery energy storage systems, except the manufacturer's name, equipment specification information, safety information, and twenty-four-hour emergency contact information. Said information shall be depicted within an area no more than 32 square feet.
(b)
As required by National Electric Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light-reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
(6)
Glare: Solar panels shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties, or roadways. Exterior surfaces of all collectors and related equipment shall have a nonreflective finish. Particular attention shall be paid to panel orientation with regard to airport runway locations, airplane flyover/approach patterns, and emergency helicopter landing areas to minimize potential glare impacts on pilots. A glare hazard analysis report shall be completed to gauge potential impacts on aircraft pilots (where airplane flyover, approach, and takeoffs occur) and for nearby drivers along public roads.
(7)
Lighting: Lighting of the solar energy systems or battery energy storage systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.
(8)
Tree cutting: Removal of existing trees larger than six inches in diameter should be minimized to the extent possible, except to ensure safety and adequate solar exposure to panels. Due to potential endangered species impacts, tree cutting should incorporate consultation and approval from United States Fish and Wildlife Service and NYSDEC, if applicable.
(9)
Decommissioning:
(a)
Solar energy systems or battery energy storage systems that have been abandoned and/or have not been producing electricity for a period of one year shall be removed at the owner's and/or operator's expense, which at the owner's option may come from any security made with the Town as set forth in Subsection J(9)(c) herein.
(b)
A decommissioning plan (see Appendix) signed by the owner and/or operator of the solar energy system or battery energy storage system shall be submitted by the applicant, addressing the following:
[1]
The cost of removing the solar energy system or battery energy storage system.
[2]
The time required to decommission and remove the solar energy system or battery energy storage system and any ancillary structures.
[3]
The time required to repair any damage caused to the property by the installation and removal of the solar energy system or battery energy storage system.
[4]
The site shall be restored to its original native state and/or use.
(c)
Security:
[1]
The deposit, executions, or filing with the Town Clerk of cash, bond, or other form of security reasonably acceptable to the Town Attorney and/or Engineer shall be in an amount sufficient to ensure the good-faith performance of the terms and conditions of the permit issued pursuant hereto and to provide for the removal and restoration of the site subsequent to removal. The amount of the bond or security shall be 125% of the cost of removal of the large-scale solar energy system or large-scale battery energy storage system and restoration of the property, with an escalator of 2% annually for the life of the solar energy system or battery energy storage system.
[2]
In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the cash deposit, bond, or security shall be forfeited to the Town, which shall be entitled to maintain an action thereon. The cash deposit, bond, or security shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed.
(10)
Ownership changes: If the owner or operator of the solar energy system or battery energy storage system changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan. A new owner or operator of the solar energy system or battery energy storage system shall notify the Zoning Enforcement Officer of such change in ownership or operator within 30 days of the ownership change.
K.
Safety.
(1)
Solar energy systems, solar energy equipment, battery energy storage systems and battery energy equipment shall be certified under the applicable electrical and/or building codes, as required.
(2)
Solar energy systems and battery energy storage systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal, at a level acceptable to the local fire department and, if the large-scale solar energy system is located in an ambulance district, the local ambulance corps.
(3)
If storage batteries are included as part of the solar energy system, they shall meet the requirements of any applicable fire prevention and building code when in use and, when no longer used, shall be disposed of in accordance with the laws and regulations of the Town and any applicable federal, state, or county laws or regulations. On-going training shall be provided to the local fire department regarding proper safe techniques to fight potential fires caused by battery storage incident or malfunction.
L.
Permit time frame and abandonment.
(1)
Special use permit or site plan approval for a solar energy system or battery energy storage system shall be valid for a period of 12 months, provided that construction is commenced. In the event construction is not completed in accordance with the final site plan, as may have been amended and approved, as required by the Planning Board, within 12 months after approval, the applicant or the Town may extend the time to complete construction for 180 days. If the owner and/or operator fails to perform substantial construction after 18 months, the approvals shall expire.
(2)
Upon cessation of electricity generation of a solar energy system on a continuous basis for 12 months, the Town may notify and instruct the owner and/or operator of the solar energy system to implement the decommissioning plan. The decommissioning plan must be completed within 180 days of notification.
(3)
If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town may, at its discretion, utilize the bond and/or security for the removal of the solar energy system and restoration of the site in accordance with the decommissioning plan.
M.
Road maintenance agreement. For all large-scale solar and battery energy storage systems, a road maintenance agreement will be required to be completed in consultation with the Town Highway Superintendent and the Town Engineer for the Town roads where the solar equipment, battery energy storage equipment, or construction materials using heavy vehicles will be transported during project construction.
N.
Enforcement. Any violation of this solar energy law shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land use regulations of Town.