This article is adopted pursuant to New York State Town Law §§ 261, 263 and 264, which authorize the Town of Livonia to adopt zoning provisions that advance and protect the health, safety and welfare of the community, and to provide for, so far as conditions may permit, the accommodation of solar energy systems (as hereafter defined) and equipment which generate electricity primarily for on-site use.

This Solar Energy Law is adopted to permit the construction of solar energy systems in the Town of Livonia in a manner that advances and protects the public health, safety and welfare of the Town of Livonia while facilitating the production of renewable energy. In so doing, this article seeks to:

The Town Board of the Town of Livonia has previously adopted a temporary moratorium concerning the siting and construction of large-scale or commercial/industrial solar energy systems within the Town of Livonia. In connection with its review of this subject, the Town Board has recognized the desirability of promulgating regulations as to the siting and construction of solar energy systems in other applications. The Town Board of the Town of Livonia has not prohibited the erection or creation of small-scale solar energy systems intended to primarily benefit the property on which the solar energy system is located. To date, existing solar energy systems in the Town of Livonia have been built and used in residential applications.

The Town Board of the Town of Livonia recognizes that solar energy can be a clean, readily available and renewable energy source. At this time, the Town of Livonia intends to accommodate the use of solar energy systems in the context of residential and agricultural applications, as well as single-user commercial applications in which the solar energy system provides energy for the commercial property, but is not intended to create sufficient excess solar energy to make its resale as a marketable commodity the purpose of the solar energy system, but rather an incidental or subordinate product thereof. The Town Board's determination not to allow large-scale solar energy systems (as hereinafter defined) is based on the Town's farmland protection objectives, recognition of unique local conditions, i.e., the prevalence of highly productive soils throughout the entire Town, and recognition that fragmentation of the land base is counter to local objectives and threatens the sustainability of agriculture.

The Town Board acknowledges and finds a growing need to properly site solar energy systems within the boundaries of the Town of Livonia so as to protect the large abundance of prime farmland/farmland of statewide importance within the Town, residential properties, business areas and other land uses, to preserve the overall beauty, nature and character of the Town of Livonia, to promote the effective and efficient use of solar energy resources, and to protect the health, safety and general welfare of the citizens of the Town of Livonia.

Prior to the adoption of this article, no specific procedures existed to address the siting of solar energy systems or to mitigate their potential impact upon adjoining properties or the public viewshed. Accordingly, the Town Board finds that the promulgation of this article is necessary to direct the location and construction of these systems.

Solar energy systems need to be regulated for removal when no longer utilized.

A building permit issued by the Town of Livonia Building Department shall be required for the installation of any solar energy system.

All solar energy systems existing on the effective date of this article shall be allowed to continue in usage as such presently exist. Routine maintenance (including replacement with a new system of like construction and size) shall be permitted on such existing systems. New construction other than routine maintenance shall comply with the requirements of this chapter.

No solar energy system shall hereafter be erected, moved, reconstructed, changed or altered except in conformity with these regulations.

All solar energy 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 NYS Energy Conservation Code ("Energy Code") and the Town of Livonia Code.

Any applications pending for solar energy systems on the effective date of this article shall be subject to the provisions of this article.

This article shall take precedence over any inconsistent provisions of the Zoning Law of the Town of Livonia.

Tier 1 solar energy systems are permitted outright in all zoning districts in the Town.

Tier 2 solar energy systems are permitted as accessory structures in all zoning districts in the Town.

Tier 3 solar energy systems are prohibited in all zoning districts in the Town.

Any inconsistent provisions of the Zoning Law which purport to or may be interpreted to regulate or to allow solar energy systems other than as set forth in this article are hereby superseded.

Tier 1 solar energy systems shall be permitted in all zoning districts and shall be exempt from site plan review under the local zoning code or other land use regulation, subject to the following requirements for each type of solar energy system:

Tier 2 solar energy systems shall be permitted in all zoning districts as accessory structures. Site plan approval is required for Tier 2 solar energy systems to be built or modified for the production of electricity principally for on-site use for a commercial or industrial business within the Town of Livonia. All other Tier 2 solar energy systems, including systems for farm operations, are exempt from site plan approval.

Solar storage batteries. When solar storage batteries are included as part of any solar energy system, they shall be placed in secure container or enclosure meeting the requirements of the New York State Building Code. Such solar storage batteries shall only be permitted for purposes of storing energy for use on site and in conjunction with a permitted solar energy system. Large-scale solar energy storage systems are not permitted in any zoning district within the Town.

All solar energy systems shall adhere to all applicable federal, state, county and Town of Livonia codes, laws, regulations and building, plumbing, electrical and fire codes.

Any solar energy system shall be situated in a location which shall be readily accessible for all emergency service vehicles and personnel.

All structures and devices used to support solar collectors shall be nonreflective and/or painted a subtle or earth-tone color.

The design, construction, operation and maintenance of any solar energy system shall prevent the misdirection and/or reflection of solar rays onto neighboring properties, public roads and public parks in excess of that which already exists.

The development and operation of a solar energy system shall not have a significant adverse impact on fish, wildlife or plant species or their critical habitats, or other significant habitats identified by the Town of Livonia or other federal or state regulatory agencies.

Artificial lighting of any solar energy systems shall be limited to lighting required for safety and operational purposes only and shall be shielded from all neighboring properties and public roads so as to prevent the illumination of adjoining properties or excessive lighting.

If the use of an approved solar energy system is discontinued, the owner or operator shall notify the Building Inspector within 30 days of such discontinuance. If a solar energy system is to be retained and reused, the owner or operator shall further inform the Building Inspector of this, in writing, at such time and obtain any necessary approvals within one year; otherwise it shall be automatically deemed abandoned.

Time limit on completion. After the granting of site plan approval of a ground-mounted solar energy system by the Planning Board, the building permit shall be obtained within six months and the project shall be completed within 12 months. If not constructed, the permit and/or site plan approval shall automatically lapse 12 months after the date of approval by the Town of Livonia Planning Board. A new application will be subject to ordinary review and approval to obtain a new building permit.

Inspections. Upon reasonable notice, the Town of Livonia Building Inspector or his or her designee may enter a lot on which a solar energy system has been constructed for the purpose of compliance with any requirements or conditions. Twenty-four hours' advance notice by telephone to the owner/operator or designated contact person shall be deemed reasonable notice. Any fee or expense associated with this inspection shall be borne entirely by the permit holder. Consent to such inspection shall be deemed given by the applicant upon submission and granting of a unified solar permit.

General complaint process. During construction, the Town Building Inspector can issue a stop order at any time for any violations of a site plan or building permit.

Continued operation. A solar energy system shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. Operational condition includes meeting all approval requirements and conditions. Further, the Building Inspector shall also have the right to request documentation from the owner for a solar energy system regarding the system's usage at any time.

Removal and soil remediation. All ground-mounted solar energy systems shall be dismantled and removed immediately from a lot where the permit or approval has been revoked by the Town of Livonia Planning Board or the solar energy system has been deemed by the Code Enforcement Officer to be inoperative or abandoned for a period of more than 365 days, which said dismantling and removal shall be at the cost of the solar energy system owner. Removal of all equipment and infrastructure and remediation of soil and vegetation in the entire area which supported the installation shall be required to be returned to its original state (prior to construction), within 365 days of such revocation of the permit or approval, or after having been deemed inoperative or abandoned. This work shall be inspected and approved for satisfactory compliance by the Town Code Enforcement Officer. If the solar energy system owner, applicant, successor or landowner (if different) does not dismantle and remove from the premises said solar energy system as required, and does not restore and remediate the soil so as to support vegetation and plant life of the type that would have been supported on said site prior to the installation of the solar energy system, the Town Board may, after a hearing at which the solar energy system owner, applicant, successor or landowner shall be given an opportunity to be heard and present evidence, dismantle and remove said facility and/or remediate the site and place the cost of removal and/or remediation as a tax lien on said parcel, regardless of whether the owner of the parcel owned or leased the solar energy system. The Town Board shall also be authorized to maintain an action at law to compel the solar energy system owner, applicant, successor or landowner to accomplish such removal and remediation, but the Board cannot be required to exercise this remedy, which shall be available to it in its reasonable discretion.

Determination of abandonment or inoperability. A determination of the abandonment or inoperability of a solar energy system shall be made by the Town Code Enforcement Officer, who shall provide the solar energy system owner, applicant, successor or landowner with written notice by personal service or certified mail. Any appeal by the solar energy system owner, applicant, successor or landowner of the Code Enforcement Officer's determination of abandonment or inoperability shall be filed with the Town of Livonia Zoning Board of Appeals within 30 days of the Code Enforcement Officer causing personal service or mailing certified mail his written determination, and the Board shall hold a hearing on same. The filing of an appeal does not stay the following time frame unless the Zoning Board of Appeals or a court of competent jurisdiction grants a stay or reverses said determination. At the earlier of the 366 days from the date of determination of abandonment or inoperability without reactivation or upon completion of dismantling and removal, any approvals for the solar energy system shall automatically expire.

Application and annual fees.

Prior to the issuance of a building permit, the applicant shall document that all applicable federal, state, county and local permits have been obtained.

In the context of the requirement of site plan approval, the Town of Livonia Planning Board may, for ground-mounted solar energy systems when review is required by the Board pursuant to this article, grant site plan approval, deny site plan approval or grant site plan approval with written stated conditions. Denial of site plan approval shall be by written decision based upon substantial evidence considered by the Board. Upon issuance of a site plan approval, the applicant shall obtain a building permit for the ground-mounted solar energy system.

Any changes or alterations after construction to a ground-mounted solar energy system shall be done only by amendment to any previously issued building permit and/or site plan (if required) subject to all requirements of this Code.