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:
ACCESSORY STRUCTURES
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.
SOLAR ENERGY EQUIPMENT
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.
SOLAR ENERGY SYSTEMS
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.
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.
(1) Solar pathfinder results shall be provided for all cases where shading
occurs between 9:00 a.m. and 3:00 p.m.
(2) Results of the solar shade analysis must determine that 70% of the
annual solar path's area is shade free to be considered for a
solar energy grant.
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.