[HISTORY: Adopted by the Town Board of the Town of DeWitt 5-9-2011 by L.L. No.
5-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 192.
The purpose of this chapter is to allow the construction of
solar energy conversion systems in the Town of DeWitt in a manner
that preserves the health, safety and welfare of the Town while facilitating
the production of renewable energy. In so doing, this chapter establishes
procedures for the use of generated energy by the principal user of
a parcel with only ancillary sale of any excess energy to the public
utility.
As used in this chapter, the following terms shall have the
meanings indicated:
All ECS are accessory structures and are only allowed in rear yards, as defined in Chapter 192, unless mounted on the roof of the principal building as provided for herein.
The Town of DeWitt Department of Development.
A system whereby solar or wind energy is converted to other
energy forms.
A device or system to absorb, accumulate or convert or otherwise
use the sun's energy as a source of heat or electriCity. A facility
is only allowed in the Town if it supplies electrical power or heat
solely for on-site use, except that when a parcel on which a SCS is
installed also receives electrical power supplied by a utility company,
excess electrical power generated by the SCS and not currently needed
for on-site use may be used by the utility company in exchange for
a reduction in the quantity of electrical power supplied by that company
to the parcel for on-site use, as long as no net revenue is produced
by such electrical power.
Town of DeWitt, outside the Village of East Syracuse
A WECS is a system, which may or may not include a monopole
tower for mounting, designed to use wind for the on-site conversion
to energy for the sole use of the owner or tenant(s).
This law shall apply to all ECS proposed in the Town, provided
such generated energy is used primarily by the principal user of the
property where the ECS is located. Commercial energy generation for
sale off-site is prohibited.
All proposed uses of an ECS shall obtain a development permit prior to construction pursuant to the rules of Chapter 192. Unless otherwise provided for in this chapter, the applicant shall first obtain site plan review approval from the Town Planning Board pursuant to § 192-122. The Planning Board may schedule a public hearing following the rules of § 192-122. When site plan review is approved, a development permit may be issued.
SCS are permitted in the following districts subject to these
specific regulations:
A.
Roof- and wall-mounted.
(1)
Allowed in all districts.
(2)
The size shall be limited to the roof area.
(3)
Site plan review is not required for single-family dwellings, except as noted in Subsection A(4) below.
[Amended 1-21-2015 by L.L. No. 1-2015]
(4)
In all districts, SCS that are wall-mounted shall only be mounted
on the rear wall of the principal building. If the solar panel is
integral with a building material, it may be placed on any wall of
the principal building, subject to site plan review and all other
provisions of this Code.
[Amended 1-21-2015 by L.L. No. 1-2015]
(5)
Site
plan review is not required for roof-mounted systems on buildings
where the installation of such systems does not otherwise impact the
physical site outside the visual impact of such system, and where
such systems meet all of the requirements and standards set forth
in this chapter.
[Added 2-6-2015 by L.L.
No. 2-2015]
ECS are subject to the following requirements:
A.
All ECS shall generally use neutral nonreflective colors (grey, white
or beige) or, in the case of SCS, shall match the roof or wall color
mounted thereon.
B.
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.
[Amended 2-6-2015 by L.L.
No. 2-2015]
C.
No signing, except for safety issues, is allowed.
D.
Lot coverage: The area occupied by the free standing SCS shall be
included in lot and building coverage.
F.
Standards.
(1)
The equipment shall be Underwriters Laboratory (UL) or equivalently
listed.
(2)
The energy generating equipment shall be approved by NYSERDA.
(3)
SCS 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 SCS shall be certified by the North American
Board of Certified Energy Practitioners (NABCEP). Contractor's
information shall be submitted with the development permit application.
(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.
[Added 2-6-2015 by L.L.
No. 2-2015]
G.
Variances to the distance and equipment requirements of this chapter
are not permitted.
H.
Development
permit application for non-single-family-dwelling roof-mounted SCS.
The following information shall be provided with a permit application:
[Added 2-6-2015 by L.L.
No. 2-2015]
(2)
A detailed
site plan indicating the location of the proposed solar panels.
(3)
A detailed
plan showing the location of the proposed solar panels on the roof,
as applicable. The plans shall be clearly and completely dimensioned,
including:
(a)
The
dimensions of all panels, spacing of panels, distances to walls or
roof edges.
(b)
The
heights of the panels, including angle from horizontal.
(c)
The
degree, if any, that the panels deviate from a due south orientation.
(d)
A
clear indication that the output is connected to the power company
grid.
(5)
Roof
drains shall be located on the plan where panels are to go on the
roof.
(6)
An engineer’s
verification that roof structure can handle additional load, including
any additional drifting snow.
WECS are not permitted in the Town.
Recognizing that ECS are rapidly changing technologies, the Planning Board shall prepare and modify as necessary, additional guidelines, rules and regulations in order to carry out the spirit and intent of this chapter and incorporate them in the design guidelines as provided for in Chapter 192, after their acceptance by the Town Board pursuant to § 192-117F of the Town Code.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment is rendered.
