[Added 5-26-2016 by L.L.
No. 8-2016]
The purpose of this article is to encourage and promote solar
energy systems while protecting the health and safety of the residents
of the Town of Wallkill by establishing regulations for the installation
of small scale solar energy systems and equipment for residential
and commercial purposes.
Unless otherwise stated, the following definitions shall apply solely to this Article XX, Solar Energy Systems and Equipment:
Shall have the same meaning as that defined in § 249-3 of this chapter.
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, electricity or other
forms of energy on site and may be attached to or separate from the
principal structure.
A solar energy system that consists of integrating photovoltaic
modules into the building structure, such as the roof or the facade
and which does not alter the relief of the roof.
Solar installations owned collectively through subdivision
homeowners' associations, college student groups, "adopt-a - solar-panel"
programs, or other similar arrangements
A photovoltaic panel or tile that is installed flush to the
surface of a roof and which cannot be angled or raised.
A solar energy system that is directly installed in the ground
and is not attached or affixed to an existing structure. Pole-mounted
solar energy systems shall be considered freestanding or ground-mounted
solar energy systems for purposes of this article.
The effect produced by reflections of light with an intensity
sufficient to cause annoyance, discomfort, or loss in visual performance
and visibility.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the grid so that they only pay for their net electricity usage
at the end of the month.
The Building and Code Enforcement Department, which is charged
with granting permits for the operation of solar energy systems.
A solar energy system that produces electricity by the use
of the semiconductor devices, called photovoltaic cells that generate
electricity whenever light strikes them.
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition. Persons
who are not on NYSERDA's list of eligible installers or NABCEP's list
of certified installers may be deemed to be qualified solar installers
if the Town determines such persons have had adequate training to
determine the degree and extent of the hazard and the personal protective
equipment and job planning necessary to perform the installation safely.
Such training shall include the proper use of special precautionary
techniques and personal protective equipment, as well as the skills
and techniques necessary to distinguish exposed energized parts from
other parts of electrical equipment and to determine the nominal voltage
of exposed live parts.
A solar power system in which solar panels are mounted on
top of the structure of a roof either as a flush-mounted system or
as modules fixed to frames which can be tilted toward the south at
an optimal angle.
The distance from a front lot line, side lot line or rear
lot line of a parcel within which a free standing or ground mounted
solar energy system is installed.
Refers to solar photovoltaic systems that produce up to 10
kilowatts (kW) per hour of energy, or solar-thermal systems which
serve the building to which they are attached, and do not provide
energy for any other buildings.
Space open to the sun and clear of overhangs or shade, including
the orientation of streets and lots to the sun so as to permit the
use of active and/or passive solar energy systems on individual properties.
A group of multiple solar modules with the purpose of harvesting
solar energy.
The smallest basic solar electric device which generates
electricity when exposed to light.
A solar photovoltaic cell, panel, or array, or water collector
device, which relies upon solar radiation as an energy source for
the generation of electricity or transfer of stored heat.
An easement recorded pursuant to NY Real Property Law § 335-b,
the purpose of which is to secure the right to receive sunlight across
real property of another for continued access to sunlight necessary
to operate solar collector.
Solar collectors, controls, energy devices, heat pumps, heat
exchangers, and other materials, hardware or equipment necessary to
the process by which solar radiation is collected, converted into
another form of energy, stored, protected from unnecessary dissipation
and distributed. Solar systems include solar thermal, photovoltaic,
and concentrated solar. For the purposes of this article, solar energy
system does not include any solar energy system of four square feet
in size or less.
Energy generation facility or area of land principally used
to convert solar energy to electricity, whether by photovoltaics,
concentrating solar thermal devices or various experimental solar
technologies, with the primary purpose of wholesale or retail sales
of electricity.
A grouping of solar cells with the purpose of harvesting
solar energy.
A device for the direct conversion of solar energy into electricity.
A device that stores energy from the sun and makes it available
in an electrical form.
Solar thermal systems directly heat water or other liquid
using sunlight. The heated liquid is used for such purposes as space
heating and cooling, domestic hot water, and heating pool water.
A.
The requirements of this article shall apply to all solar energy
system and equipment installations modified or installed after the
effective date of this article.
B.
Solar energy system installations for which a valid building permit
has been issued or, if no building permit is presently required, for
which installation has commenced before the effective date of this
article shall not be required to meet the requirements of this article.
C.
All solar energy systems shall be designed, erected and installed
in accordance with all applicable codes, regulations and industry
standards as referenced in the State Uniform Fire Prevention and Building
Code ("Uniform Code"), the New York State Energy Conservation Construction
Code ("Energy Code") and the Town Code.
D.
Solar collectors, unless part of a solar farm or solar power plant,
shall be permitted only to provide power for use by owners, lessees,
tenants, residents, or other occupants of the premises on which they
are erected, but nothing contained in this provision shall be construed
to prohibit collective solar installations or the sale of excess power
through a net billing or net-metering arrangement in accordance with
New York Public Service Law § 66 or similar state or federal
statute.
A.
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 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 by more than four feet of the principal
use in any zoning district.
(3)
There shall be adequate ventilation opportunities afforded by
panel set back from other rooftop equipment. (For example: Shading
or structural constraints may leave significant areas open for ventilation
near HVAC equipment.)
(4)
In order to ensure firefighter and other first responder safety,
in accordance with the New York State Uniform Fire Prevention and
Building Code, there shall be a minimum perimeter area around the
edge of the roof and structurally supported pathways to provide space
on the roof for walking around all rooftop and building-mounted solar
collectors.
(b)
Exceptions to these requirements may be requested where access,
pathway or ventilation requirements are reduced due to:
[1]
Alternative access opportunities (such as from adjoining roofs);
[2]
Ground-level access to the roof area in question;
[3]
Adequate ventilation opportunities afforded by panels set back
from other rooftop equipment;
[4]
New technology, methods, or other innovations that ensure adequate
emergency responder access, pathways, and ventilation opportunities.
(c)
In the event any of the standards in this subsection are more
stringent than the New York State Uniform Fire Prevention and Building
Code, they shall be deemed to be installation guidelines only and
the standards of the State Code shall apply.
(5)
Rooftop and building-mounted solar collectors must be properly
engineered to support solar collectors.
(a)
The applicant must provide a signed and sealed certification
from a New York State licensed professional engineer containing the
following information:
[1]
The roof structure is strong enough to support the additional
weight of the solar units as per Chapter 16 "dead load" standards
of the New York State Building Code.
[2]
All solar collectors are in compliance with Chapter 14 of the
New York State Mechanical Code.
[3]
The solar energy system is constructed and installed in compliance
with Article 690 of the National Electric Code.
(b)
In the event any of the standards in this subsection is more
stringent than the New York State Uniform Fire Prevention and Building
Code, the standards in this subsection shall be deemed to be installation
guidelines only and the standards of the State Code shall apply.
C.
Building-integrated photovoltaic (BIPV) systems: BIPV 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.
D.
Freestanding and ground-mounted solar collectors: Freestanding or
ground-mounted solar collectors are permitted as accessory structures
in all zoning districts of the Town of Wallkill, subject to the following
conditions.
(1)
The location of the solar collector meets all applicable setback
requirements for accessory buildings in the zoning district in which
it is located.
(2)
The solar collector must be installed in a side or rear yard.
(3)
No unit shall exceed 12 feet in height from the ground unless
an area variance is obtained from the Zoning Board of Appeals.
(4)
Freestanding and ground-mounted solar energy collectors shall
be screened, when possible and practicable, through the use of architectural
features, earth berms, landscaping, or other screening which will
harmonize with the character of the property and surrounding area.
(5)
The total surface area of all ground-mounted and freestanding solar collections on a lot shall not exceed the area of the ground covered by the building structure of the largest building on the lot, providing that nonresidential placements exceeding this size may be approved by the Planning Board, subject to site place review pursuant to Article XI of this chapter.
(6)
Any freestanding, ground-mounted or pole-mounted solar collectors,
to be installed in all nonresidential zones within the Town, shall
require prior approval by the Planning Board.
E.
Building permits are required for the installation of all ground-mounted
and freestanding solar collectors.
F.
Solar thermal systems: Solar thermal systems are permitted in all
zoning districts, subject to the following conditions:
G.
Solar energy systems and equipment shall be permitted only if they
are determined by the Town not to present any unreasonable safety
risks, including, but not limited to, the following:
H.
The Building Inspector shall have authority to determine compliance
with the requirements set forth in this provision. Consideration shall
be made regarding glare or other adverse effects on neighboring properties
when determining compliance with this provision.
A.
All solar collector installations must be performed by a qualified
solar installer.
B.
Prior to operation, electrical connections must be inspected by a
Town 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.
All solar collectors shall meet New York's Uniform Fire Prevention
and Building Code Standards.
F.
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.
G.
If a ground-mounted solar collector ceases to perform its originally
intended function for more than 12 consecutive months, the property
owner shall remove the collector, mount and associated equipment by
no later than 90 days after the end of the twelve-month period. In
the event that the property owner fails to remove the aforesaid nonfunctioning
system within the time prescribed herein, the Town shall then be permitted
to enter upon the land where such system has been installed and remove
same. All expenses incurred by the Town in connection with the removal
of the nonfunctioning system shall be assessed against the land on
which such building is located and shall be levied and collected in
the same manner as provided in Article 15 of the Town Law for the
levy and collection of a special ad valorem levy.
H.
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.
(1)
For commercial application, the marking shall be placed adjacent
to the main service disconnect in a location clearly visible from
the location where the lever is operated.
(2)
In the event any of the standards in this subsection for markings
are more stringent than applicable provisions of the New York State
Uniform Fire Prevention and Building Code, they shall be deemed to
be guidelines only and the standards of the State Code shall apply.
Solar farms and solar power plants shall be permitted in any
zone as an electric-generating use, subject to site plan review and
approval by the Planning Board, and subject to the following supplementary
regulations:
A.
Solar farms and solar power plants shall be enclosed by perimeter
fencing at a height of eight feet to restrict unauthorized access.
(1)
The fencing shall be black, rubber coated, and chain-linked.
(2)
For any parcel of property that is primarily forested, no fencing
shall be closer than 250 feet from any road.
(3)
For any parcel of property that is primarily clear of brush,
trees and other screening vegetation, no fencing shall be closer than
1,000 feet from any road. Notwithstanding the foregoing, if there
is sufficient vegetation and/or topography that will result in appropriate
screening, as determined by the Planning Board, the required setback
may be reduced from 1,000 feet to 500 feet.
B.
Solar farms and solar plants cannot exceed 15 acres of property.
No greater than 15% of a parcel of property will be permitted for
use as a solar farm or solar power plant. This restriction shall apply
to all residential zones. Notwithstanding the foregoing, two or more
property owners may enter into appropriate agreements to form a contiguous
aggregate parcel of property for the purposes of the development of
a solar farm or solar power plant, provided that said combined parcel
does not exceed 15 acres in the aggregate.
C.
The manufacturer's or installer's identification and appropriate
warning signage shall be posted at the site, clearly visible.
D.
Solar farm and solar power plant buildings and accessory structures
shall, to the extent reasonably possible, use materials, colors, and
textures that will blend the facility into the existing environment.
E.
No more than 15% of the total existing brush, trees and other screening
vegetation on a parcel of property may be removed in order to accommodate
a solar farm.
F.
Appropriate landscaping and/or screening materials may be required
to help screen the solar power plant, access roads and accessory structures
from public roads.
G.
The average height of the solar panel array shall not exceed 10 feet.
H.
Solar farm and solar power plant panels and equipment shall be ground
mounted only, and shall be surfaced, designed and sited so as not
to reflect unreasonable glare onto adjacent properties and roadways.
I.
All on-site power lines shall be installed underground with the exception
of the main service connection at the utility company right-of-way.
J.
The following requirements shall be met for decommissioning:
The provisions of Article XVI of this chapter shall apply to any violation of this article.
A.
Upon a finding of a violation of the provisions of this article,
appeals should be made in accordance with the established procedures
and time limits of this chapter and the New York State Town Law.
B.
If a building permit for a solar energy device is denied based upon
failure to meet the requirements of this article, the applicant may
seek relief from the Town of Wallkill Zoning Board of Appeals in accordance
with the established procedures and time limits of this chapter and
the New York State Town Law.
The fees for all building permits required pursuant to this
article shall be paid at the time each building permit application
is submitted in such reasonable amount as the Town Board may by resolution
establish and amend from time to time.
