Owasco Town City Zoning Code
ARTICLE IX
Solar Energy Systems
§ 150-57 Purpose and intent.
Intent. This article regulates and promotes the safe, effective and efficient use of installed solar energy systems in order to encourage renewable energy systems and a sustainable lifestyle, while protecting the health, safety and welfare and minimizes the adverse impact on the adjacent and surrounding neighboring properties.
Statement of purpose. This solar energy article is adopted to advance and protect the public health, safety and welfare of the Town of Owasco, including, but not limited to:
To take advantage of a safe, abundant, renewable and nonpolluting energy resource;
To foster low-impact development of sites that are otherwise challenging to develop located near existing substations;
To broaden the economic tax base without further depleting or drawing on limited resources;
To lessen the impacts of solar energy systems on environmental resources such as important agricultural lands, forests, wildlife, and other protected resources, including, but not limited to, scenic byways and view sheds; and
To create synergy between solar and other community goals pursuant to the Town's Comprehensive Plan, such as to responsibly and safely create vibrant neighborhoods, manage land uses, create and preserve walkable areas and recreation spaces, and encourage investment in the Town.
§ 150-58 Applicability.
This article applies to all building-mounted, building-integrated, and ground-mounted systems installed and constructed after the effective date of this chapter.
Solar energy systems lawfully constructed prior to the effective date of this article are not required to meet the requirements of this article.
Any upgrade, modification or structural change that alters the size or placement of an existing solar energy system shall comply with the provisions of this article.
The installation of any solar energy system does not carry with it a right to a clear line of sight to the sun. It shall be the responsibility of the applicant, installer, or developer to gain any and all solar easements or agreements to maintain a line of sight to the sun if necessary.
The substantive requirements and standards for Tier 1, Tier 2A, Tier 2B, and Tier 3 solar energy systems set forth in this article are intended to apply to all projects with solar collectors and the enclosure and/or fence surrounding the solar energy system, including large projects subject to the siting authority of the New York State Board on Electric Siting and the Environment pursuant to New York State Executive Law § 94-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 Act, the New York State Energy Conservation Code and the Town of Owasco Zoning Law. Such applicable industry standards include, but are not limited to, Institute of Electric and Electronic Engineers ("IEEE"); American National Standards Institute ("ANSI"); National Fire Protection Association (NFPA) National Electrical Code ("NEC").
§ 150-59 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Land used for a farm operation in accordance with Agriculture and Markets Law § 301 uses of which include production of crops, livestock, and livestock products within the past five years.
Applicant shall include all owners and operators, including their successors and assigns, and any person, partnership, or entity responsible for submitting a site plan application for review, or otherwise being responsible for compliance with the terms, conditions, and requirements of this section.
Any number of electrically connected photovoltaic (PV) modules providing a single electrical output.
A structure wholly or partially enclosed within exterior walls, or within exterior party walls, and a whole or partial roof, affording shelter to persons, machinery, equipment or property.
The Building and Code Enforcement Office of the Town of Owasco.
A solar photovoltaic system that is constructed as an integral part of a principal or accessory building or structure and where the building-integrated system features maintain a uniform profile or surface of vertical walls, window openings, and roofing. Such a system is used in lieu of a separate mechanical device, replacing or substituting for an architectural or structural component of the building or structure that appends or interrupts the uniform surfaces of walls, window openings and roofing. A building-integrated system may occur within vertical facades, replacing view glass, spandrel glass or other facade material; into semitransparent skylight systems; into roofing systems, replacing traditional roofing materials; or other building or structure envelope systems.
A solar photovoltaic system attached to any part or type of roof on a building or structure that has an occupancy permit on file with the Town of Owasco and that is either the principal structure or an accessory structure on a recorded lot. This system also includes any solar-based architectural elements.
The outermost edge of a roof, including eaves, overhangs and gutters.
Land and on-farm buildings, equipment, facilities, and practices which contribute to the production, preparation, and marketing of crops, livestock, and livestock products as a commercial enterprise (in accordance with Agriculture and Markets Law § 301 Subdivision 11).
A land, in addition to prime and unique farmlands, that is of statewide importance for the production of food, feed, fiber, forage, and oil seed crops as determined by the appropriate state agency or agencies. Farmlands of statewide importance may include tracts of land that have been designated for agriculture by state law.
Any jurisdictional or mapped floodplain identified by the Department of Environmental Conservation or on jurisdictional floodplain and FEMA/FIRM maps.
Harsh bright light to a receptor location resulting from the reflection of sunlight from photovoltaic (PV) arrays, calculated based on sun position, solar orientation and tilt, reflectance, and environmental factors, which results in potential ocular hazard ranging from temporary afterimage to retinal burn, discomfort or loss in visual performance and visibility in any material respects.
A solar photovoltaic system that is anchored to the ground and mounted on a structure, pole or series of poles constructed specifically to support the photovoltaic system and not attached to any other structure, and the primary purpose of producing electricity or thermal energy for on-site or off-site use.
The technical and practical link between the solar generator and the grid providing electricity to the greater community.
A unit of electrical power equal to 1,000 watts, which constitutes the basic unit of electrical demand. A watt is a metric measurement of power (not energy) and is the rate (not the duration) at which electricity is used. 1,000 kW is equal to 1 megawatt (MW).
A unit of power equal to 1,000 kW.
A module is the smallest protected assembly of interconnected PV cells.
An agreement with a local electric utility that allows customers to receive credits for surplus electricity generated by certain renewable energy systems.
A solar energy system located on a farm which is a "farm operation" (as defined by Article 25-AA of the Agriculture and Markets Law), which may include one or multiple contiguous or non-contiguous parcels in an agriculture district, which is designed, installed, and operated so that the anticipated annual total amounts of electrical energy generated do not exceed more than 110% of the anticipated annual total electrical energy consumed by the farm operation.
Agricultural lands consisting of highly productive soils as identified by the United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) as land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops, and is also available for these land uses (or as designated through alternative available resources such as the NYS Department of Agriculture and Markets Soil Groups 1 through 4). The parameters for prime farmland are national. Soils must meet specific criteria with respect to a number of soil properties, including temperature, moisture regime, erodibility, pH, water table, permeability, rock fragment content, and others as described in the National Soil Survey Handbook. Soils that are designated as prime farmland if drained met all the prime farmland criteria except for depth to seasonal high water table, and are suitable for drainage.
A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition.
Allows solar photovoltaic owner generators to apply excess generation credits from the generator system ("host account") to other meters on property that is owned or leased by the same customer and are within the same load zone as the generator ("satellites").
A solar power system in which solar panels are mounted on top of the structure of a roof either as a flush-mounted system or as modules fixed to frames which can be tilted toward the south at an optimal angle.
The New York State Environmental Quality Review Act and its implementing regulations in Title 6 of the New York Codes, Rules and Regulations, Part 617.
The parcel(s) of land where a solar energy system is to be placed. Where multiple adjacent lots are in joint ownership or use, the combined lots shall be considered as one for purposes of applying setback requirements. Any property which has a solar energy system located upon it or has entered an agreement for a solar energy system or a setback agreement shall not be considered off-site.
A photovoltaic cell, panel or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
A document recorded pursuant to New York State Real Property Law § 335-b, the purpose of which is to secure the right to receive sunlight across real property of another for continued access to sunlight necessary to operate a solar energy system.
Any person, firm, corporation or any other entity submitting an application to the Town of Owasco for a solar energy system.
Solar collectors, controls, inverters, energy storage devices, and other materials and hardware, associated with the production of electrical or thermal energy from solar radiation.
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. A solar energy system is classified as a Tier 1, Tier 2A, Tier 2B, or Tier 3 solar energy system as follows:
Tier 1 solar energy systems include the following:
Building-mounted solar energy systems and/or building-integrated solar energy systems with an energy capacity of less than 25 kW.
Tier 2A solar energy systems include the following:
Ground-mounted solar energy systems with a total surface area of less than 2,000 square feet and with an energy capacity of less than 25kW.
Tier 2B solar energy systems include the following:
On-farm solar energy systems.
A floating zoning district as may be approved by the Owasco Town Council as set forth in accordance with provisions of the Zoning Code of the Town of Owasco.
A photovoltaic device capable of collecting and converting solar energy into electrical energy.
Items including a solar photovoltaic cell, panel or array, lines, mounting brackets, framing and foundations used for or intended to be used for collection of solar energy.
A system in which water or other liquid is directly heated by the sunlight. The heated liquid is then used for purposes such as space heating and cooling, domestic hot water and the heating of swimming pools.
Structural/architectural element(s) that provide protection from weather that includes awnings, canopies, porches or sunshades and that are constructed with the primary covering consisting of solar PV modules and may or may not include additional solar PV-related equipment.
Devices that store energy and make it available in an electrical form.
An assembly of materials located on or permanently affixed to the ground, directly or indirectly, usually including underground parts, such as a foundation, and above ground parts. A building is one type of structure.
Town of Owasco, Cayuga County, New York.
A number of photovoltaic modules mounted such that they track the movement of the sun across the sky to maximize energy production, either with a single-axis or dual-axis mechanism.
§ 150-60 Permitted locations.
No solar energy system or device shall be installed or operated in the Town of Owasco except in compliance with this section.
Summary of Permitted Solar Energy Systems by Zoning District | ||||
|---|---|---|---|---|
Solar Energy System | Zoning District | Applicable Sections | ||
AR | R | L | ||
Tier 1 | P | P | P | § 150-61A |
Tier 2A | SUP | NP | NP | § 150-61B |
Tier 2B | SUP | NP | NP | § 150-61B |
Tier 3 | FOD-S & SUP | FOD-S & SUP | NP | |
NOTES: |
|---|
P - Permitted, SUP-Special use permit with site plan, FOD-S - Floating Overlay District requires zone change to Solar Energy System Overlay District and special use permit with site plan, NP - Not permitted |
Tier 1 solar energy systems.
Tier 1 solar energy systems are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure.
All applicants and owners of Tier 1 solar energy systems must file a building permit application with the building Department, and obtain a valid building permit, prior to starting installations.
Tier 2A and 2B solar energy systems.
Tier 2A and 2B solar energy systems are permitted through the issuance of a special use permit by the Town of Owasco Planning Board in the Agricultural/Residential Zoning District on lots having a minimum size of three acres, except as may otherwise be detailed herein, and shall adhere to the following:
All applicants and owners of Tier 2A and 2B solar energy systems must file a building permit application with the Building Department, and obtain a valid building permit, prior to starting installations.
All applicants and owners of Tier 2A and 2B solar energy systems must file a special use permit application with the Planning Board, and obtain a valid special use permit, prior to starting installations.
Locating of ground-mounted Tier 2A and 2B solar energy systems avoids the following areas, unless special circumstances arise which create an unavoidable hardship to the applicant and an exception is granted by the Planning Board in conjunction with the special use permit approval process:
Agricultural lands consisting of highly productive soils (i.e., prime farmland soils and soils of statewide importance) as identified by the United States Department of Agriculture- Natural Resources Conservation Service (USDA - NRCS) or alternative available resource (NYS Department of Agriculture and Markets Soil Groups 1 through 4). The Town will use the following hierarchy as a guide to encourage preservation of prime farmland soils:
Areas of potential environmental sensitivity, such as unique natural areas as designated by the Town of Owasco, Cayuga County Soil and Water Conservation District, floodplains, historic sites, airports, state-owned lands, conservation easements, trails, parkland, prime soils, Owasco Lake viewsheds, and wetlands as identified by the New York State Department of Environmental Conservation or the United States Army Corps of Engineers.
Areas with slopes of greater than 15%.
Front yards of residential lots, if any aboveground portion of the system is within 100 feet of a public or private highway, road, street, and/or right-of-way, it being the intent of the Town of Owasco to encourage residential solar energy systems to be affixed to a building pursuant to Tier 1 standards whenever and wherever reasonably possible.
Recreation areas and opens spaces designed for use by members of the public for recreation, hiking, biking, sporting events and similar activities, whether classified as pre-existing nonconforming uses or specially permitted.
§ 150-61 Design, installation, removal, and permitting standards.
Tier 1 solar energy systems: building-mounted/integrated.
Height and setback requirements.
Tier 1 solar energy systems shall not exceed height limitations of the zoning district and shall adhere to the following:
Any solar energy system installed on a pitched roof that faces the front yard of a property must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and edge or surface of the system.
A solar energy system installed on a sloped roof shall not allow the highest point of the system to exceed the highest point of the roof to which it is attached.
A solar energy system installed on a flat roof shall not allow the highest point of the system to extend beyond six feet above the roof to which it is attached.
Submittal requirements and fees.
At the time of submittal of the application, at a minimum and unless waived by the Code Enforcement Officer, the solar energy applicant shall submit the following documents:
Fees. The applicant shall deliver to the Town of Owasco, along with its application for a Tier 1 solar energy system, the fee amount as determined in the Town's Fee Schedule.
Nonconformance.
If a Tier 1 solar energy system is to be installed on any building or structure that is nonconforming because its height violates the height restrictions of the zoning district in which it is located, the Tier 1 solar energy system shall be permitted, so long as it does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the other provisions of this section.
If a Tier 1 solar energy system is to be installed on a building or structure on a nonconforming property that does not meet the minimum setbacks required and/or exceeds the lot coverage limits for the zoning district in which it is located, a Tier 1 solar energy system shall be permitted, so long as there is no expansion of any setback or lot coverage nonconformity and so long as it complies with the other provisions of this section.
Tier 2A and 2B solar energy systems: small-scale ground-mounted.
Height and setback requirements.
Tier 2A and Tier 2B solar energy systems may not exceed the permitted height of accessory structures in the zoning district where the solar energy system is to be installed, or 20 feet from the ground, whichever is less.
Tier 2A and 2B solar energy systems may not be located within 100 feet of the edge of the front, side, or rear limits of the parcel.
Tier 2B solar energy systems that include building-mounted and building-integrated panels shall adhere to the requirements of § 150-61A(1)(a).
Submittal requirements and fees.
Pre-application meeting. At least 60 days prior to the submission of an application, the applicant shall conduct a pre-application meeting with the Town of Owasco Planning Board to ensure all parties have clear expectations regarding any Town requirements applicable to the proposed solar energy system. A written request for this purpose shall be sent to the Planning Board. Submission and review of the application shall not be delayed based on the failure of the Town to respond in a timely manner to a properly filed meeting request. At the pre-application meeting, the applicant must provide 1) a brief description of the proposed facility and its environmental setting, 2) a map of the proposed facility showing project components, 3) the proposed facility's anticipated impacts, 4) a designated contact person with telephone number, email address, and mailing address from whom information will be available going forward, and 5) an anticipated application submission date.
Applications for Tier 2A and 2B solar energy systems shall be reviewed by the Code Enforcement Officer for completeness. Applicants shall be advised within 10 days of the completeness of their application or any deficiencies that must be addressed prior to substantive review.
At the time of submittal of the application for a special use permit for a Tier 2A or 2B solar energy system, at a minimum and unless waived by the Town of Owasco Planning Board, the solar energy applicant shall submit the following documents to be reviewed and approved by the Town's designated engineer if requested by the Town of Owasco Planning Board:
Site plans. Site plans shall be progressed to include details of relevant site features, including, but not limited to, wetlands, streams and other environmentally sensitive areas to be protected, access driveways, fencing, signage, stormwater management practices, connection to the grid, landscaping, etc. Site plan shall include layouts and details as necessary for the Town of Owasco Planning Board to review aesthetic impact (materials, colors, height, etc.).
Equipment specification sheets.
Soils maps.
Map showing active and prime farmland, including USDA classifications (e.g., farmland of statewide importance, all areas are prime farmland and prime farmland if drained).
Proposed screening and buffering between the solar energy system and neighboring properties, as necessary through mechanisms including fencing and landscaping, to be incorporated to the satisfaction of the Planning Board.
Special provisions. The Town of Owasco Planning Board may impose conditions on its approval of any special use permit under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA). Such conditions may include, but are not limited to, the submission of line-of-sight drawings, detailed elevation maps, visual simulations, before and after renderings, and alternate designs to more clearly identify adverse impacts for the purpose of their mitigation.
Fees. The applicant shall deliver to the Town of Owasco, along with its application for a Tier 2A or 2B solar energy system, the application fee amount as determined in the Town's Fee Schedule.
Nonconformance.
If a Tier 2A or 2B solar energy system is to be installed on a property containing a structure that is nonconforming because the required minimum setbacks are exceeded, the proposed system shall be permitted so long as the system does not encroach into the required setback established herein.
If a Tier 2B solar energy system includes building-mounted and building-integrated panels, the requirements of § 150-61A(1) shall apply.
§ 150-62 Right of inspection.
In order to verify that the solar energy system's applicant(s)/owners and any and all lessees, renters and/or operators of the solar energy system place, construct, modify and maintain such systems, including solar collectors and solar inverters, in accordance with all applicable technical, safety, fire, building and zoning codes, laws, ordinances and regulations and other applicable requirements, the Town of Owasco may inspect all facets of said system's placement, construction, modification and maintenance.
Any inspections required by the Town of Owasco Building and Codes Department that are beyond its scope or ability shall be at the expense of the solar energy applicant/owner/operator.
§ 150-63 Enforcement.
The Town Council shall appoint such Town staff or outside consultants as it sees fit to enforce this section, and each such person shall be deemed an Enforcement Officer under this article.
All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this section, and for such purposes the violation of this section is hereby declared an unclassified misdemeanor. The Town's justice court is hereby vested with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and Administrative Codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction.