Fredonia reviews draft local law setting rules for solar equipment placement and decommissioning

The Village of Fredonia Board of Trustees held a public hearing at Fredonia Village Hall on Jan. 21, 2025, to consider Local Law No. 2 of 2025, a proposed local law regulating installation and placement of solar equipment and systems in the village. A village official read the draft ordinance aloud during the hearing.

The draft establishes definitions and separate regulatory tracks for small-scale (tier 1) and large-scale (tier 2) solar energy systems. The draft defines small-scale systems as installations producing energy for on-site consumption with a capacity of less than 25 kilowatts and large-scale (tier 2) systems as those with capacity greater than 25 kilowatts or intended primarily for off-site sale or wholesale generation.

Under the draft, small-scale roof-mounted systems would be permitted as accessory uses in all zoning districts when attached to a lawfully permitted principal or accessory structure; they would require a building permit and must meet code requirements. Roof-mounted panels visible from a public right-of-way must match the structure’s color scheme, and panels facing the front yard must be mounted flush to the roof with a maximum distance of 18 inches between the roof and the highest edge of the system. The draft requires anti-reflective coatings for all panels and requires proof of such coating with permit applications.

Ground-mounted small-scale panels in residential districts must be installed in the rear yard; side-yard installations are allowed only after site-plan review and affirmative approval by the Planning Board. Ground-mounted arrays are included in lot-coverage and impervious-surface calculations and the draft limits such coverage to 30% of the lot for small-scale systems.

Large-scale (tier 2) systems would be permitted only by special-use permit in M-1, C-2 and I-1 zoning districts. The draft sets minimum setbacks and height limits for large solar facilities: 300 feet from the edge of any public right-of-way, 250 feet from each bordering property line, 350 feet from any residential premises on adjoining property, at least 50 feet from any structure on the host premises, and a maximum component height of 35 feet. Large systems’ surface area (including equipment sheds and other components) would count toward lot coverage and impervious-surface caps and must not exceed 50% of the lot.

The draft requires a special-use permit application to include utility-notification verification (unless off-grid), applicant and owner contact information, legal consent for leased property, site plans, plans signed by a New York State licensed engineer or registered architect, equipment specification sheets, an operation and maintenance plan, and a decommissioning plan prepared with a professional engineer’s cost estimate. The proposed surety requirement would allow a municipality to require financial assurance up to 125% of the estimated decommissioning cost.

The draft also addresses solar storage batteries, directing that their placement, installation and disposal conform to the New York State Uniform Code and the National Electrical Code. Violations of the proposed law would be subject to the village’s zoning and land-use enforcement provisions, including civil and criminal remedies the board may pursue.

During the reading, the village official acknowledged a published error on a draft summary distributed in the local Observer newspaper, saying, "I want to point out that I made a mistake on the front page of the Observer with regards to saying that there was a thousand feet... that was a proposal, but that was not on the final, final draft." The transcript contains no recorded vote or adoption of Local Law No. 2 in the supplied segments.

If adopted and filed with the New York Department of State, the draft states it would be effective immediately upon filing; the transcript does not record any final action during the provided portion of the meeting.