[a] All 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 conditions for each type of solar energy system.
[b] All roof-mounted and building-integrated solar energy systems are 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 conditions for each type of solar energy system:
[c] Roof-mounted solar energy collectors shall incorporate, when feasible, the following design requirements:

[i] Shall be mounted no more than 12 inches above the surface to which they are affixed.
[ii] On a pitched roof, shall not extend beyond the highest point of the roof surface.
[iii] On a flat roof, shall not extend beyond surrounding parapet, or more than 24 inches above flat roof surface, whichever is higher.
[iv] All roof-mounted solar energy systems shall be subject to the maximum height regulations specified for principal and accessory buildings within the underlying zoning district unless otherwise provided in Subsection [b] above.
[v] Building-integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the system.

Permitting requirements for Tier 2 solar energy systems.

[a] All Tier 2 solar energy systems shall be permitted in all zoning districts as accessory structures and shall be exempt from site plan review under the local zoning code or other land use regulations, subject to the following conditions:
[b] Setbacks. Tier 2 solar energy systems shall be subject to the setback regulations specified for the accessory structures within the underlying zoning district. All ground-mounted solar energy systems shall only be installed in the side or rear yards in residential districts.
[c] Height. Tier 2 solar energy systems shall be subject to the height limitations specified for accessory structures within the underlying zoning district.
[d] Screening and visibility:

[i] All Tier 2 solar energy systems shall have views minimized from adjacent properties to the extent reasonably practicable;
[ii] Solar energy equipment shall be in a manner to reasonably avoid and/or minimize blockage of views from surrounding properties and shading of property to the north, while still providing adequate solar access.

[e] Lot size. Tier 2 solar energy systems shall comply with the existing lot size requirement specified for accessory structures within the underlying zoning district.

Permitting requirements for Tier 3 solar energy systems.

[a] All Tier 3 solar energy systems are permitted through the issuance of a site plan approval from the Planning Board within the CC (Corridor Commercial) District zoning district, and subject to site plan application requirements set forth in this section.
[b] Underground requirements. All onsite utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, except for 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.
[c] Vehicular paths. Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction.
[d] Signage.

[i] No signage or graphic content shall be displayed on the solar energy 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 eight square feet.
[ii] As required by National Electric Code (NEC), disconnect and other emergency shut off 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.

[e] Glare. All solar panels shall have antireflective coating(s).
[f] Lighting. Lighting of the solar energy systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.
[g] Tree-cutting. Removal of existing trees larger than six inches in diameter should be minimized to the extent possible.
 

Additional standards for Tier 1 and Tier 2 solar energy collectors shall be permitted subject to the following requirements:

[a] Tier 1. A roof plan shall be submitted to the Building Inspector including the height of the parapets and structural design load requirements certified by a design engineer and the location of all property lines and neighboring buildings.
[b] Tier 1 and Tier 2. Upon project completion, the Design Engineer shall certify in writing to the Building Inspector that the solar installation has been built in accordance with New York State Building Code and the plan's design specifications.

Decommissioning. See § 360-3.2E(10)(e)[9].

Site plan application.

[a] The plan submitted to the Building Inspector as a requirement for the approval of the site plan shall indicate all existing and proposed grading, excavating, filling, paving, fencing, and screening as it may relate to the proposed collector, shall indicate the location of all property lines and neighboring buildings, and shall comply with the requirements and standards of this section and of Village Code § 360-5.7.
[b] Any site plan application shall include the following information:

[i] Property lines and physical features, including roads, for the project site,
[ii] Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures,
[iii] A one- or three-line electrical diagram detailing the solar energy system layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices,
[iv] 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 issuance of building permit,
[v] Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the solar energy system. Such information of the final system installer shall be submitted prior to the issuance of building permit,
[vi] Name, address, phone number, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the solar energy system,
[vii] Zoning district designation for the parcel(s) of land comprising the project site (on a complete bulk table),
[viii] Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming,
[ix] Erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board,
[x] Prior to the issuance of the building permit or final approval by the Planning Board, but not required as part of the application, engineering documents must be signed and sealed by a New York State (NYS) Licensed Professional Engineer or NYS Registered Architect.

Additional site plan review standards.
In addition to the site plan elements contained in this chapter, the following additional site plan review elements shall apply:

[a] Lot size. The property on which the Tier 3 solar energy system is placed shall meet the lot size requirements of the underlying zoning district.
[b] Setbacks. The Tier 3 solar energy systems shall comply with the setback requirements of the underlying zoning district for principal structures.
[c] Height. The Tier 3 solar energy systems shall comply with the building height limitations for principal structures of the underlying zoning district.
[d] Fencing requirements. All mechanical equipment, including any structure for storage batteries, shall be enclosed by a seven-foot-high fence, as required by NEC, with a self-locking gate to prevent unauthorized access.
[e] Screening and visibility. Solar energy systems smaller than five acres shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area.
[f] Solar energy systems larger than five acres shall be required to:

[i] Conduct a visual assessment of the visual impacts of the solar energy system on public roadways and adjacent properties. 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 a digital viewshed report, may be required to submitted by the applicant;
[ii] Submit a screening and landscaping plan to show adequate measures to 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 and adjacent properties to the extent feasible (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). The landscaped screening shall be comprised of a minimum of one evergreen tree, at least six feet high at time of planning, plus two supplemental shrubs at the reasonable discretion of the Village Planning Board, all planted within each 10 linear feet of the solar energy system. Existing vegetation may be used to satisfy all or a portion of the required landscaped screening. A list of suitable evergreen tree and shrub species may be provided by the Village.

[g] Tier 3 solar energy 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.
[h] Safety.

[i] Solar energy systems and solar energy equipment shall be certified under the applicable electrical and/or building codes as required.
[ii] Solar energy 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 the local ambulance corps.
[iii] 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 Village and any applicable federal, state, or county laws or regulations.

[i] Permit time frame and abandonment.

[i] The site plan approval for a solar energy system shall be valid for a period of 18 months, provided that a building permit is issued within that time period. 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 18 months after approval, the applicant or the Planning Board may extend the time to complete construction for 180 days. If the owner and/or operator fails to perform substantial construction after 24 months, the approvals shall expire.
[ii] Upon cessation of electricity generation of a solar energy system on a continuous basis for 12 months, the Village 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 360 days of notification.
[iii] If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Village 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.

Enforcement.
Any violation of this subsection shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land use regulations of Village. This article shall be enforced by the Building Inspector, Assistant Building Inspector, Fire Inspector and other enforcement officials in the Building Department. A person who violates this article shall be charged with a violation and, if convicted, shall be punished by a fine of not less than $500 and not more than $1,000, for each day that the violation continues.

See § 360-3.2E(10) for complete, detailed information.
See Solar Permit for more information.