The regular meeting of the town board on Monday, July 3, 2000 was not held due to the lack of a quorum
The supervisor and council woman did listen to the comments of residents who wished to speak
I guess scheduling a town board meeting on a Monday, July 3rd isn't really such an anomaly after all in the Town of Lancaster
Georgia L Schlager
Considering the example you posted took place 17 years ago, where I was present, where there was no quorum and the reason meetings have not been scheduled during the July 4th Lancaster Festival, why do you use the phrase ‘not so much an anomaly’ when anomaly connotes ‘aberration, irregularity, inconsistency or abnormality’?
Something not happening for 17 years typifies consistency and normality?
On Monday, July 2, 2012, the Republican supervisor held a town board meeting. With July 4th being on a Wednesday, I have no idea when the festivities were held that year.
Georgia L Schlager
Only 18 items on Monday night's agenda. It should go quickly
Georgia L Schlager
New Solar Energy Facilities Law
Chapter 50. Zoning
Article VII-B
Solar Energy Facilities
Proposed
Local Law of the year 2017
A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF LANCASTER BY
ENACTING ARTICLE VII-B, SOLAR ENERGY FACILITIES, TO CHAPTER 50
ZONING, WHICH ARTICLE DEFINES AND REGULATES SOLAR ENERGY
FACILITIES.
50-41.13 Purpose
This Article aims to promote the accommodation of solar energy systems and
equipment and the provision for adequate sunlight and convenience of access necessary
therefore, and to balance the potential impact on neighbors when solar collectors may be
installed near their property while preserving the rights of property owners to install solar
energy systems without excess regulation. In particular, this legislation is intended to apply
to free-standing, ground-mounted or roof-mounted solar energy system installations based
upon certain placement. This legislation is not intended to override agricultural exemptions
that are currently in place.
50-41.14 Definitions
ALTERNATIVE ENERGY SYSTEMS: Structures, equipment, devices or construction
techniques used for the production of heat, light, cooling, electricity or other forms of
energy on site and may be attached to or separate from the principal structure.
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV): The incorporation of
photovoltaic (PV) material into a building’s envelope. Technologies include PV
shingles or tiles, PV laminates, and PV glass. Examples of placement include vertical
facades, semi-transparent skylights, awnings, fixed awnings, and roofs.
COLLECTIVE SOLAR: Installations of Solar Energy Systems that are owned
collectively through a homeowners’ association, “adopt-a-solar-panel” programs, or
other similar arrangements.
GLARE: A continuous source of excessive brightness, relative to diffused lighting. This is
not a direct reflection of the sun, but rather a reflection of the bright sky around the sun.
Glare is significantly less intense than glint.
GLINT: A momentary flash of light that may be produced as a direct reflection of the sun
on a solar collection system.
GROUND-MOUNTED SYSTEM: A solar energy system that is anchored to the
ground and attached to a pole or similar mounting system, detached from any other
structure.
MAJOR SOLAR COLLECTION SYSTEM or SOLAR FARM: An area of land or other
area used for a solar collection system principally used to capture solar energy and convert it
to electrical energy for transfer to the public electric grid in order to sell electricity to or
receive a credit from a public utility entity, but also may be for on-site use. Solar farm
facilities consist of one or more freestanding GROUND-MOUNTED or ROOF-MOUNTED
solar collector devices.
MINOR OR ACCESSORY SOLAR COLLECTION SYSTEM: A solar photovoltaic
cell, panel, array, solar hot air or water collector device, which relies upon solar radiation as
an energy source for collection, inversion, storage, and distribution of solar energy for
electricity generation or transfer of stored heat, secondary to the use of the premises for other
lawful purposes. Minor solar collection systems may consist of BUILDING-INTEGRATED
PHOTOVOLTAICS, GROUND-MOUNTED, or ROOF-MOUNTED solar collector devices.
ROOF-MOUNTED SYSTEM: A solar panel system located on the roof of any legally
permitted building or structure for the purpose of producing electricity for onsite or offsite
consumption.
SOLAR ACCESS: Space that is open to the sun and clear of overhangs or shade.
Structures constructed on private property will not infringe on the rights of adjacent
properties.
SOLAR ENERGY EQUIPMENT: Any other accessory structures and buildings, including
light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure,
transmission lines and other appurtenant structures and facilities.
SOLAR ENERGY EQUIPMENT/SYSTEMS: Energy storage devices, material,
hardware, or electrical equipment and conduit associated with the production of electrical
energy.
SOLAR PANEL: A device capable of collecting and converting solar energy into
electrical energy.
50-41.15 Applicability
A. The requirements of this section shall apply to all solar energy systems installed or
modified after the effective date of this ordinance, excluding general maintenance
and repair.
B. Solar energy system installations for which a valid building permit has been issued or, if
no building permit is presently required, for which installation has commenced before the
effective date of this local law shall not be required to meet the requirements herein.
C. All solar energy systems shall be designed, erected, and installed in accordance with all
applicable codes, regulations and industry standards as referenced in the New York State
Uniform Fire Prevention and Building Code and the Town Code.
D. Nothing contained in this Article shall be construed to prohibit “Collective Solar”
installations or the sale of excess power through a “net billing” or “net metering”
arrangement in accordance with New York State Public Service Law § 66-j or similar
New York State or federal law or regulation.
E. All solar energy systems shall be designed, erected, and installed so as to prevent undue
glint and glare from falling on adjoining properties or creating traffic safety issues.
50-41.16 Solar Collectors and Installations for Minor Systems
A. Roof-mounted systems are permitted as accessory uses in all zoning districts, subject to
the following requirements:
(1) The distance between the roof and highest edge of the system shall be in
accordance with the New York State Uniform Fire Prevention and Building Code.
(2) Rooftop and building-mounted solar collectors shall not obstruct solar access to
adjacent properties.
(3) A building permit shall be required for installation of all roof and building
mounted solar collectors.
B. Ground-mounted and freestanding solar collectors are permitted as accessory structures
in all business and industrial districts, subject to the following requirements:
(1) The location of the solar collectors meets all applicable setback requirements of the
zone in which they are located.
(2) The height of the solar collectors and any mounts shall not exceed the height
restrictions of the zone when oriented at maximum tilt.
(3) The solar collectors are located in a side or rear yard. If the side or rear yard is
visible from adjacent properties and roads, there shall be a landscape buffer installed.
(4) Ground-mounted and freestanding solar collectors shall not obstruct solar access to
adjacent properties.
(5) A building permit shall be required for installation of all ground-mounted and
freestanding solar collectors.
Ground-mounted and freestanding solar collectors are NOT permitted in residential districts.
C. Building-integrated photovoltaic systems, as defined by this Ordinance, are not considered
an accessory use and are not subject to the requirements of this Ordinance, but are subject
to all other applicable building, electrical, and safety codes.
D. All solar collector installations must be performed in accordance with applicable electrical
and building codes, the manufacturer's installation instructions, and industry standards, and
prior to operation the electrical connections must be inspected by Code Enforcement Officer
or by an appropriate electrical inspection person or agency, as determined by the Town. In
addition, any connection to the public utility grid must be inspected by the appropriate public
utility.
E. When solar storage batteries are included as part of the solar collector system, they must be
placed in a secure container or enclosure meeting the requirements of the New York State
Uniform Fire Prevention and Building Code when in use and when no longer used shall be
disposed of in accordance with the laws and regulations of Erie County and other applicable
laws and regulations.
50-41.17 Major Solar Systems
A. Major Solar Systems are permitted through the issuance of a special use permit and site plan
review in accordance with this Chapter in the Light Industrial (LI), General Industrial (GI)
and Sand, Gravel and Aggregates (SGA) Districts. The minimum lot size required is one acre
in the Light Industrial (LI) District, one acre in the General Industrial (GI) District, and five
acres in the Sand Gravel, and Aggregates (SGA) District. In addition, Major Solar Systems
must meet the criteria set forth below.
B. A Major Solar System may be permitted in the Light Industrial (LI), General Industrial
(GI), and Sand, Gravel, and Aggregates (SGA) Districts when authorized by site plan
review and a special use permit from the Town Board subject to the following terms and
conditions.
(1) The total coverage on a lot, including freestanding solar panels, shall not exceed 80%.
(2) Height and setback restrictions.
i. The maximum height for freestanding solar panels located on the ground or
attached to a framework located on the ground shall not exceed 20
feet in height above the ground.
ii. The minimum setback from property lines shall be 25 feet, unless
adjacent to residential property.
iii. A landscaped buffers of trees, shrubs or bushes shall be provided around all
equipment and solar collectors to provide screening from adjacent residential
properties and roads.
(3) Design standards.
i. Removal of trees and other existing vegetation should be minimized or
offset with planting elsewhere on the property.
ii. Removal of any prime agricultural soil from the subject parcel is
prohibited.
iii. Proposed major solar systems shall not negatively impact the viability of
prime agricultural soils on-site.
iv. Roadways within the site shall not be constructed of impervious
materials and shall be designed to minimize the extent of roadways
constructed and soil compaction.
v. All on-site utility and transmission lines shall, to the extent feasible, be
placed underground.
vi. Solar collectors and other facilities shall be designed and located in order
to minimize reflective glare and/or glint toward any inhabited buildings
on adjacent properties and roads.
vii. All mechanical equipment, including any structure for batteries or storage
cells, shall be enclosed by a minimum six-foot-high fence with a self-locking
gate and provided with landscape screening.
viii. Major systems or solar farms shall not obstruct solar access to adjacent
properties.
(4) Signs.
i. A sign not to exceed eight square feet shall be displayed on or near the main
access point and shall list the facility name, owner and phone number.
ii. A clearly visible warning sign concerning voltage must be placed at the base
of all pad-mounted transformers and substations not to exceed four square
feet.
C. A piece of equipment which meets the definition of oil-filled operational equipment set
forth in 40 CFR part 112.2 (e.g. transformers, capacitors and electrical switches) shall
comply with the secondary containment procedures of that regulation.
50-41.18 Special Use Permit Requirements
A. In addition to the other special use permit requirements of this Code, the following shall
be provided to the Town
(1) Verification of utility notification. Any foreseeable infrastructure
upgrades shall be documented and submitted. Off-grid systems are exempt
from this requirement.
(2) Name, address, and contact information of the applicant, property owner(s),
and agent submitting the project.
(3) If the property of the proposed project is to be leased, legal consent between all
parties, specifying the use(s) of the land for the duration of the project, including
easements and other agreements, shall be submitted.
(4) Site Plan: Site plan approval is required.
(5) Blueprints signed by a Professional Engineer or Registered Architect of the solar
installation showing the layout of the system.
(6) Property Operation and Maintenance Plan: A property operation and
maintenance plan is required, describing continuing photovoltaic maintenance and
property upkeep, such as mowing, trimming, etc.
(7) Decommissioning Plan: To ensure the proper removal of Large-Scale Solar
Energy Systems, a Decommissioning Plan shall be submitted as part of the
application. Compliance with this plan shall be made a condition of the issuance of
a special use permit under this section. The Decommissioning Plan must specify
that after the Large-Scale Solar Energy System can no longer be used, it shall be
removed by the applicant or any subsequent owner. The plan shall demonstrate how
the removal of all infrastructure and the remediation of soil and vegetation shall be
conducted to return the parcel to its original state prior to construction. The plan
shall also include an expected timeline for execution. A cost estimate detailing the
projected cost of executing the Decommissioning Plan shall be prepared by a
Professional Engineer or Contractor. Cost estimations shall take into account
inflation. Removal of Large-Scale Solar Energy Systems must be completed in
accordance to the Decommissioning Plan. If the Large-Scale Solar Energy System
is not decommissioned after being considered abandoned, the municipality may
remove the system and restore the property and impose a lien on the property to
cover these costs to the municipality.
WHEREAS, pursuant to the Town of Lancaster Code and the Municipal Home
Rule Law, a public hearing is required on the proposed Local Law;
NOW, THEREFORE,
BE IT RESOLVED by the Town Board of the Town of Lancaster that:
1. A public hearing for the proposed Local Law is hereby set for the 17th day of July,
2017 at 7:15 o'clock P.M.
2. The Town Clerk is directed to provide notice of the public hearing as required by law.
3. This resolution is effective immediately.
Georgia L Schlager
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