Code of the Town of Kirkland

Local Law #2 of 2020 – Solar Ordinance

TOWN OF KIRKLAND

COUNTY OF ONEIDA, STATE OF NEW YORK

Local Law No. 2 of 2020

A Local Law to amend the code of the Town of Kirkland, Chapter 118, Article VI thereof entitled Antenna’s; Solar and Wind Energy Systems and Chapter 118, Section 118-2 entitled Definitions and Usage

BE IT HEREBY ENACTED by the Town Board of the Town of Kirkland as follows:

Section 1.

Chapter 118 of Code of the Town of Kirkland adopted March 2, 1962, amended in its entirety on August 13, 2007 and at various times thereafter, is further modified and amended to provide as follows:

CHAPTER 118

§ 118-2

B. Definitions and Word Usage. As used in this chapter, the following term is added to the Code and shall have the meaning indicated:

SETBACK – The distance from a front property lot line, side property lot line or rear property lot line of a parcel, prescribed by the zoning district regulations and/or applicable section of the Code into which no building, structure or equipment shall project.

Section 2. CHAPTER 118

§ 118-49

Section 118-49 is repealed in its entirety and further amended, modified and replaced to provide as follows:

A. Purpose – The use of solar energy systems, including solar collectors, generating systems, storage facilities and distribution components, for space heating and cooling, the heating of water, use in industrial, commercial or agricultural processes and the generation of electricity is a permitted use within any zoning district within the Town and the development and installation of such solar energy systems shall advance the health, safety and welfare of the Town with consideration of the following objectives:

1) To take advantage of a safe, abundant, renewable and non-polluting energy resource;

2) To decrease the cost of electricity to the owners of residential and commercial properties, including single-family houses;

3) To increase employment and business development in the Town to the extent reasonably practical, by furthering the installation of Solar Energy Systems;

4) To mitigate the impacts of Solar Energy Systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources, and;

5) To create synergy between solar and the desire to create a healthy community and to include recreational usage.

B. Definitions – In addition to the definitions set forth in Section 118-2 of this chapter, the following additional definitions shall apply:

1. BUILDING-INTEGRATED SOLAR ENERGY SYSTEM – 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, which produce electricity for onsite consumption.

2. FARMLAND OF STATEWIDE IMPORTANCE – Land, designated as “Farmland of Statewide Importance” in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)’s 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.

3. GLARE – 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.

4. GROUND-MOUNTED SOLAR ENERGY SYSTEM – 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 onsite or offsite consumption.

5. NATIVE PERENNIAL VEGETATION – 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.

6. POLLINATOR – Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.

7. PRIME FARMLAND – Land, designated as “Prime Farmland” in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)’s Soil Survey Geographic (SSURGO) Database on Web Soil Survey, 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.

8. ROOF-MOUNTED SOLAR ENERGY SYSTEM – A Solar Energy System located on the roof of any legally permitted building or structure that produces electricity for onsite or offsite consumption.

9. SOLAR ACCESS – 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.

10. SOLAR ENERGY EQUIPMENT – Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.

11. SOLAR ENERGY SYSTEM (SES) – 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 excluding travel aisle space between panels. A Solar Energy System is classified as a Tier 1, Tier 2, or Tier 3 Solar Energy System as follows.

(a) Tier 1 Solar Energy Systems include the following:

(1) Roof-Mounted Solar Energy Systems

(2) Building-Integrated Solar Energy Systems

(b) Tier 2 Solar Energy Systems include Ground-Mounted Solar Energy Systems with a total surface area of all solar panels on the lot of up to 4,000 square feet and that generate up to 110% of the electricity consumed on the site over the previous 12 months.

(c) Tier 3 Solar Energy Systems are systems that are not included in the list for Tier 1 and Tier 2 Solar Energy Systems.

12. SOLAR PANEL – A photovoltaic device capable of collecting and converting solar energy into electricity.

13. STORAGE BATTERY – A device that stores energy and makes it available in an electrical form.

C. Applicability

1. The requirements of this Local Law shall apply to all Solar Energy Systems permitted, installed, or modified in Town after the effective date of this Local Law, excluding general maintenance and repair.

2. Solar Energy Systems constructed or installed prior to the effective date of this Local Law shall not be required to meet the requirements of this Local Law.

3. Modifications to an existing Solar Energy System that increase the Solar Energy System area by more than 5% of the original area of the Solar Energy System (exclusive of moving any fencing) shall be subject to this Local Law.

4. 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 Code.

D. General Requirements

1. A Building permit shall be required for installation of all Solar Energy Systems.

2. 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”)].

3. The Town is authorized to adopt such permit or permits, which in its reasonable discretion shall be required to fulfill the intent of this Local Law.

4. The permitting fee for Tier 1 and Tier 2 Solar Energy Systems shall be $50.00. The permitting fee for Tier 3 Solar Energy Systems shall be $100.00, plus the reasonable cost of the reviewing boards outside consultant fees (engineering, surveying, legal, etc.). The permitting fees for all Solar Energy Systems shall be set by the Planning Board and are subject to review and modification on a periodic basis. Applicant is also responsible for the actual cost of outside consultant fees and expenses, including without limitation, engineering, surveying and legal.

5. All SES shall generally use neutral nonreflective colors (grey, white or beige) or, in the case of Roof-Mounted SES, shall match the roof or wall color mounted thereon.

6. All utility services and electrical wiring shall be underground and otherwise be placed within the walls or unobtrusive conduit. No conduits or feeds can be laid on the roof. Feeds to the inverter shall run within the building and penetrate the roof at the solar panel location.

7. No signing, except for safety issues, is allowed.

8. Lot coverage: The area occupied by the free standing SES shall be included in lot and building coverage.

9. Standards.

(1) The equipment shall be Underwriters Laboratory (UL) or equivalently listed.

(2) The energy generating equipment shall be approved by the utility company responsible for power transmission and/or oversight.

(3) SES shall be approved for grid connection.

(4) The energy generating equipment shall have its input/output ratings verified by a recognized independent third party.

(5) Contractors installing SES shall be certified by the North American Board of Certified Energy Practitioners (NABCEP). Contractor’s information shall be submitted with the development permit application. Notwithstanding the foregoing submittal, the Contractor installing the SES may be substituted after permit submission so long as the substitute Contractor is NABCEP certified and notice is provided to the Town of Kirkland prior to commencement of work.

(6) Proposed projects shall identify the locations of all trees that may have to be topped or removed so that they do not shade the solar panels.

E. Permitting Requirements for Tier 1 Solar Energy Systems

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 Systems:

1. Roof-Mounted Solar Energy Systems

(a) Roof-Mounted Solar Energy Systems shall incorporate, when feasible, the following design requirements:

(1) Solar Panels on pitched roofs shall be mounted with a maximum distance of [8] inches between the roof surface the highest edge of the system.

(2) Solar Panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.

(3) Solar Panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.

(4) 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.

(b) Glare: All Solar Panels shall have anti-reflective coating(s).

(c) Height: 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.

(d) Safety: No Roof-Mounted Solar Energy System shall be installed until certified by the installer and codes officer or an engineer that the structure is capable of supporting the SES.

2. Building-Integrated Solar Energy Systems shall be shown on the plans submitted to the Codes Enforcement Officer for the building permit application for the building containing the system.

F. Permitting Requirements for Tier 2 Solar Energy Systems

All Tier 2 Solar Energy Systems shall be permitted in all zoning districts as accessory structures and shall be subject to site plan review under the local zoning code or other land use regulations, subject to the following conditions:

1. Glare: All Solar Panels shall have anti-reflective coating(s).

2. 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.

3. Height: Tier 2 Solar Energy Systems shall not exceed a height of 15 ft.

4. Screening and Visibility.

(1) All Tier 2 Solar Energy Systems shall have views minimized from adjacent properties to the extent practical in the reasonable discretion of the Planning Board.

(2) Solar Energy Equipment shall be located 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.

5. Lot Size: Tier 2 Solar Energy Systems shall comply with the existing lot size requirement specified for accessory structures within the underlying zoning district.

G. Permitting requirements for Tier 3 Solar Energy Systems

All Tier 3 Solar Energy Systems are permitted through the issuance of a special use permit within all zones except R-TC and R-M zoning districts, and subject to site plan application requirements set forth in this Section.

1. Applications for the installation of Tier 3 Solar Energy System shall be:

(a) reviewed by the Planning Board for completeness. Applicants shall be advised within 30 business days of the completeness of their application or any deficiencies that must be addressed prior to substantive review.

(b) subject to a public hearing to hear all comments for and against the application. The Planning Board of the Town shall have a notice printed in a newspaper of general circulation in the Town no less than 7 days and no more than 20 days in advance of such hearing. Applicants shall have delivered the notice by first class mail to adjoining landowners or landowners within [200] feet of the property at least [10] days prior to such a hearing. Proof of mailing shall be provided to the Planning Board at the public hearing.

(d) upon closing of the public hearing, the Planning Board shall take action on the application within 62 days of the public hearing, which can include approval, approval with conditions, or denial. The 62-day period may be extended upon consent by both the Planning Board and applicant.

2. 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.

3. Vehicular Paths. Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction.

4. Signage.

(a) No signage or graphic content shall be displayed on the Solar Energy Systems except the manufacturer’s name, equipment specification information, safety information, and 24-hour emergency contact information. Said information shall be depicted within an area no more than [8] 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.

5. Glare. All Solar Panels shall have anti-reflective coating(s).

6. 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.

7. Tree-cutting. Removal of existing trees larger than [6] inches in diameter shall be minimized to the extent possible.

8. Decommissioning.

(a) Solar Energy Systems that have been abandoned and/or not producing electricity for a period [1] year shall be removed at the Owner and/or Operators expense, which at the Town’s option may come from any security made with the Town as set forth in Section 8(b) herein.

(b) A decommissioning plan signed by the owner and/or operator of the Solar Energy System shall be submitted by the applicant, addressing the following:

a. The cost of removing the Solar Energy System.

b. The time required to decommission and remove the Solar Energy System any ancillary structures.

c. The time required to repair any damage caused to the property by the installation and removal of the Solar Energy System.

a. Escrow Agreement. The Town shall require applicant to fund an escrow agreement to cover the amount of the Town’s cost to review the applicant’s application, including without limitation, decommission plan.

b. The deposit, executions, or filing with the Town Clerk of cash, bond, or other form of adequate security deemed 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 restorations of the site subsequent to removal. The amount of the bond or security shall be [125]% of the cost of removal of the Tier 3 Solar Energy System and restoration of the property together with an annual escalator as is deemed appropriate under the circumstances.

c. In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the cash deposit, bond, or adequate 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.

d. In the event of default or abandonment of the Solar Energy System, the system shall be decommissioned as set forth in Section 8(b) and 8(c) herein.

e. If a bond is posted to meet this requirement, the bond issuing company must have a current A.R. Best rating of A- or higher. All decommissioning removal and remediation fund requirements must be met before a building permit is issued.

9. Site plan application. For any Solar Energy System requiring a Special Use Permit, site plan approval shall be required. Any site plan application shall include the following information:

(1) Property lines and physical features, including roads, for the project site.

(2) Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(7) Zoning district designation for the parcel(s) of land comprising the project site.

(8) Property Operation and Maintenance Plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.

(9) Erosion and sediment control and storm water 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.

(10) 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.

10. Special Use Permit Standards.

1) Lot size

a. The property on which the Tier 3 Solar Energy System is placed shall meet the lot size requirements of the underlying zoning district.

2) Setbacks

a. The Tier 3 Solar Energy Systems shall comply with the setback requirements of the underlying zoning district for principal structures. Notwithstanding the foregoing, in no event shall any SES or component thereof be less than fifty (50) feet from any front property line, side property line or rear property line.

3) Height

a. The Tier 3 Solar Energy Systems shall comply with a height not too exceed max height of 15 ft.

4) Lot coverage

a. The following components of a Tier 3 Solar Energy System shall be considered included in the calculations for lot coverage requirements:

I. Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.

II. All Solar Energy Equipment, including panels, mechanical equipment, any pad mounted structure for batteries, switchboard, transformers, or storage cells.

III. Paved access roads servicing.

b. Lot coverage of the Solar Energy System, as defined above, shall not exceed the maximum lot coverage requirement of the underlying zoning district, and in no event greater than 25%.

5) Fencing Requirements. All mechanical equipment, including any structure for storage batteries, shall be enclosed by a 6 foot high fence, as required by NEC, with a self-locking gate to prevent unauthorized access.

6) Screening and Visibility.

a. Solar Energy Systems smaller than 5 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.

b. Solar Energy Systems larger than 5 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, shall be required to be submitted by the applicant.

II. Submit a screening & 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.

i. The screening & 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, following the applicable rules and standards established by the Town.

7) Agricultural Resources. For projects located on agricultural lands:

1. Tier 3 Solar Energy Systems on Prime Farmland or Farmland of Statewide Importance shall minimize top soil disturbance and grading to extent that is practical and 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, Tier 3 Solar Energy Systems located on Prime Farmland shall be constructed in accordance with the construction requirements of the New York State Department of Agriculture and Markets.

3. 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. Tier 3 systems shall also be located in such a manner that minimizes significant negative impacts on animal species in this county.

11. Ownership Changes. If the owner or operator of the Solar Energy 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 shall notify the Town of such change in ownership or operator [30] days prior to any ownership change.

H. Traffic Routes.

A. Traffic Routes. Construction and delivery vehicles for SES shall use traffic routes established as part of the application review process. Factors in establishing such corridors shall include (i) minimizing traffic impacts from construction and delivery vehicles; (ii) minimizing SES related traffic during times of school bus activity; (iii) minimizing wear and tear on local roads (if use of such roads is permitted under this Local Law); and (iv) minimizing impacts on local business operations. Solar Energy Permit conditions may limit SES related traffic to specified routes, and include a plan for disseminating traffic route information to the public.

B. Road Remediation. If any load exceeds the limits of Section 385 of the New York State Vehicle and Traffic Law, the Applicant shall be responsible for remediation of damaged roads upon completion of the installation of the SES. A public improvement bond shall be posted prior to the issuance of any building permit in an amount, determined by the Planning Board, sufficient to compensate the Town for any damage to local roads, if such use is authorized under this Local Law, that is not corrected by the Applicant. An Applicant shall submit an estimate of costs for restoration to the pre-construction quality and character of local roads for the Town’s approval prior to construction, and this estimate shall be the basis for the bond.

I. Safety.

A. Solar Energy Systems and Solar Energy Equipment shall be certified under the applicable electrical and/or building codes as required.

B. 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, if the Tier 3 Solar Energy System is located in an ambulance district, the local ambulance corps.

C. 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.

J. Permit Time Frame and Abandonment

A. The Special Use Permit and site plan approval for a Solar Energy System shall be valid for a period of 12 months, provided that a building permit is issued for construction. 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.

B. 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.

C. If the owner and/or operator fails to comply with decommissioning upon any abandonment of, 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.

K. Host Community Agreements. Nothing in this Local Law shall be read as limiting the ability of the Town to enter into host community Agreements with any applicant or impose mitigation fees to compensate the Town for expenses or impacts on the community.

L. 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.

M. Severability

The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.

Section 3. Statement of Authority

This Local Law is adopted pursuant to authority vested in the Town Board by New York State Constitution Article IX, Section 2; Sections 10, 11, 12, 14 and 22 of the New York Municipal Home Rule Law; relevant portions of the New York Town Law; The Code of the Town of Kirkland; and the general police power of the Town of Kirkland to promote health, safety, and welfare of all residents and property owners in the Town.

Section 4.

All other provisions of Chapter 118 of the Code of the Town of Kirkland, and amendments thereto, are hereby affirmed except to the extent that this Local Law shall modify or amend.

Section 5.

This Local Law shall become effective upon filing in the office of the Secretary of the State of New York as provided in Section 27 of the Municipal Home Rule Law.

**This was the version of the local law available on the Town ok Kirkland government website on 11/16/2025**