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Town of Rotterdam, NY
Schenectady County
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Table of Contents
Table of Contents
[Added 2-22-2017 by L.L. No. 1-2017]
[1]
Editor's Note: Former Art. XXVIII, Critical Impact Uses and Critical Impact Permits, adopted 11-8-2006 by L.L. No. 16-2006, was repealed 9-6-2011 by L.L. No. 9-2011.
A. 
The provisions of this article apply to small-scale solar energy systems. No small-scale solar energy system or device shall be installed or operated in the Town except in compliance with this article.
B. 
Rooftop and building-mounted solar collectors. Rooftop and building-mounted solar collectors that constitute small-scale solar energy systems are permitted in all zoning districts in the Town subject to the following conditions:
(1) 
Building permits shall be required for installation of all rooftop and building-mounted solar collectors.
(2) 
Rooftop and building-mounted solar collectors shall not exceed the maximum allowed height of the principal use in any zoning district.
(3) 
All rooftop and building-mounted solar collectors shall meet all applicable standards set forth in the New York State Uniform Fire Prevention and Building Code.
C. 
Building-integrated photovoltaic (BIPV) systems. BIPV systems that constitute small-scale solar energy systems are permitted in all zoning districts and shall be shown on the plans submitted for the building permit application for the building containing the system. All BIPV systems shall meet all applicable standards set forth in the New York State Uniform Fire Prevention and Building Code.
D. 
Freestanding or ground-mounted solar energy systems. Freestanding or ground-mounted solar collectors that constitute small-scale solar energy systems are permitted as accessory structures in all zoning districts of the Town subject to the following conditions:
(1) 
Building permits are required for the installation of all ground-mounted and freestanding solar collectors.
(2) 
All ground-mounted or freestanding solar collectors shall be set back from the property line by the greater of i) 20 feet or ii) the otherwise applicable setback in the subject zoning district. No ground-mounted or freestanding solar collectors shall be permitted on any lot which is less than one acre in size.
(3) 
The height of the solar collector and any mounts shall not exceed 15 feet when oriented at maximum tilt.
(4) 
Solar energy equipment shall not be sited within any required buffer area.
(5) 
The total surface area of all ground-mounted and freestanding solar collectors on a lot shall not exceed one half of the area of the ground covered by the building structure of the largest building on the lot measured from the exterior walls, excluding patios, decks, balconies, screened and open porches and attached garages, provided that nonresidential placements exceeding this size may be approved by the Planning Board, subject to site plan review pursuant to Article XVII of this chapter.
(6) 
The area beneath ground-mounted and freestanding solar collectors shall be included in calculating whether the lot meets maximum permitted lot coverage requirements for the applicable district as if the ground-mounted and freestanding solar collectors were deemed to be principal or accessory buildings for purposes of the definition of the term "lot coverage"; and
(7) 
The installation of ground-mounted and freestanding solar collectors shall be considered a land development activity for purposes of Article XXVI of this chapter.
E. 
Solar-thermal systems. Solar-thermal systems that constitute small-scale solar energy systems are permitted in all zoning districts subject to the following conditions:
(1) 
Building permits are required for the installation of all solar-thermal systems;
(2) 
Ground-mounted and freestanding solar-thermal systems shall be subject to the same requirements set forth in Subsection D above as for ground-mounted and freestanding solar collectors.
F. 
Solar energy systems and equipment that constitute small-scale solar energy systems may be permitted only if they are determined not to present any unreasonable safety risks, including, but not limited to, related to the following:
(1) 
Weight load.
(2) 
Wind resistance.
(3) 
Ingress or egress in the event of fire or other emergency.
G. 
Solar collectors and related equipment that constitute small-scale solar energy systems shall be surfaced, designed and sited so as not to reflect glare onto adjacent properties and roadways.
H. 
All small-scale solar energy systems shall be designed to produce only so much energy as may be required on the lot or in the building to be served by the system. The Building Inspector/Code Enforcement Officer shall be authorized to require any applicant to submit proof of the last 12 months of electricity usage for such lot or building or, in the case where 12 months of electricity usage data cannot be produced, proof of the projected electricity usage for such lot or building. The Building Inspector/Code Enforcement Officer shall be authorized to deny any application that seeks to install a solar energy system that is designed to produce, or is capable of producing, energy in excess of the electricity usage data or projection for such building or lot.
A. 
All solar collector installations must be performed by a qualified solar installer.
B. 
Prior to operation, electrical connections must be inspected by the Building Inspector/Code Enforcement Officer and by an appropriate electrical inspection person or agency, as determined by the Town.
C. 
Any connection to the public utility grid must be inspected by the appropriate public utility.
D. 
Solar energy systems shall be maintained in good working order.
E. 
If 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 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 other applicable laws and regulations.
F. 
Solar energy systems and equipment shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system. Materials used for marking shall be weather resistant. For residential applications, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover. For commercial applications, the marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the lever is operated.