[HISTORY: Adopted by the Town Council of the Town of Bethany
Beach 5-21-2010 by Ord. No. 455. Amendments noted where applicable.]
Solar energy electrical systems in the Town will reduce the
need for additional electrical generation and distribution and tend
to reduce atmospheric pollution that is considered harmful to the
environment. There is a need to recognize both the permitted use and
the regulation of solar energy systems because their placement within
the Town of Bethany Beach affects both building site improvements
as well as overall Town aesthetics. The use of solar energy systems
is encouraged in the Town of Bethany Beach.
As used in this chapter, the following terms shall have the
meanings indicated:
All accessory structures shall be located within the rear yard space on a lot or plot on which a principal building or structure is erected or is being erected and shall be limited to three in number, including any detached garage. Accessory structures shall comply with all safety and structural requirements set by the Bethany Beach Building Inspector. No accessory structure or projection thereof shall be less than five feet from a property line. See § 425-10, Accessory buildings.
Items including but not limited to solar panels, lines, pumps,
batteries, mounting brackets, framing and/or foundations used for
or intended to be used for the collection of solar energy in connection
with a building on residential, municipal or commercial properties.
Solar energy equipment and its use is accessory to the principal use
of the property.
An energy system which converts solar energy to usable thermal,
mechanical, chemical or electrical energy to meet all or a significant
part of a building's energy requirements.
A.
Solar energy systems are a permitted use in all zoning districts.
B.
The placement of solar energy equipment on roofs of principal buildings
is preferred and encouraged. For Town aesthetic purposes, the front
slope of the principal building shall not be used unless no other
location of the solar energy equipment is feasible.
C.
All exterior plumbing and electrical lines must be painted and/or
coated to match the color of adjacent roofing material and walls.
All visible exterior plumbing and electrical lines must not be installed
in any portion of the front of the property. Aluminum trim, if used
and visible, should be anodized or otherwise color treated to blend
into the surroundings as much as possible.
D.
Roof-mounted solar energy systems on the principal building shall
not be more than three feet higher than the finished roof to which
it is mounted. In no instance shall any part of the solar energy panels
extend beyond the edge of the roof.
E.
Roof-mounted solar energy equipment shall be located so as not to
increase the total height of the structure above the maximum allowable
height of the structure on which it is located, in accordance with
the applicable zoning regulations.
F.
There is no limit to the number of modules and arrays installed on
each property that comprise a solar energy system. The number of solar
panels and supporting equipment shall be considered as one system.
G.
The placement of ground-mounted solar energy equipment may be permitted
if the solar energy equipment is unable to be located on the roof
of the principal structure, but all ground-mounted solar energy equipment
is considered to be accessory structures. Prepackaged UL-listed solar-energy-based
lighting systems that do not involve any installation are exempt from
this provision.
H.
Solar energy commercial operations are prohibited as a principle
use. These are systems whose main purpose is to generate energy for
sale back into the energy grid system, rather than being consumed
on the site.
I.
Only commercially made and professionally installed solar energy
systems are permitted. All solar energy systems shall be installed
by licensed installers that are approved as participating contractors
by the Green Energy Fund and/or are certified installers by the NABCEP
and/or have proof of professional training and licensure.
The Town, prior to issuing a building permit for the installation
of any solar energy equipment, shall be provided with any requested
information in regard to proving compliance with this chapter of the
Town Code. This information may include but shall not be limited to
the following:
A.
Sun and shadow diagrams specific to the installation, which would
enable the Town to determine if solar access will be impaired due
to the proposed location or to the location of objects which may obstruct
the solar access.
B.
The Town may also require submission of detailed information, including
maps, plans or dimensional sketches, showing the proposed location,
including setbacks from property lines or distances from structures
on neighboring properties.
C.
The Town may also require the submission of an as-built plan showing
the actual location of any installed solar energy equipment. If the
equipment is not installed as permitted, the Town may order its removal
and/or its relocation, as appropriate.
(1)
All solar energy systems shall meet the minimum criteria as specified
in the Green Energy Fund guidelines and shall be installed to meet
all applicable local building and zoning codes. Manufacturers'
specifications and proof of certification shall be submitted for review
and approval.
D.
Any and all nonfunctioning and/or damaged solar panels or equipment shall be dismantled by a licensed professional as described herein and removed within three months of written notification from the Building Inspector. Failure to do so will be considered a violation under the Town's property maintenance ordinances and will be subject to penalties and fines as referenced in Chapter 1, General Provisions, § 1-1, Fines and penalties.
