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:
ALTERNATIVE ENERGY SYSTEMS
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.
COLLECTIVE SOLAR
Solar installations owned collectively through subdivision
homeowners' associations, college student groups, "adopt-a - solar-panel"
programs, or other similar arrangements
FLUSH-MOUNTED SOLAR PANEL
A photovoltaic panel or tile that is installed flush to the
surface of a roof and which cannot be angled or raised.
FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM
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.
GLARE
The effect produced by reflections of light with an intensity
sufficient to cause annoyance, discomfort, or loss in visual performance
and visibility.
NET-METERING
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.
PERMIT GRANTING AUTHORITY
The Building and Code Enforcement Department, which is charged
with granting permits for the operation of solar energy systems.
PHOTOVOLTAIC (PV) 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.
QUALIFIED SOLAR INSTALLER
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.
ROOFTOP OR BUILDING-MOUNTED SOLAR SYSTEM
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.
SETBACK
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.
SMALL-SCALE SOLAR
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.
SOLAR ACCESS
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.
SOLAR ARRAY
A group of multiple solar modules with the purpose of harvesting
solar energy.
SOLAR CELL
The smallest basic solar electric device which generates
electricity when exposed to light.
SOLAR COLLECTOR
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.
SOLAR EASEMENT
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 ENERGY EQUIPMENT/SYSTEM
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.
SOLAR FARM or SOLAR POWER PLANT
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.
SOLAR MODULE
A grouping of solar cells with the purpose of harvesting
solar energy.
SOLAR PANEL
A device for the direct conversion of solar energy into electricity.
SOLAR STORAGE BATTERY
A device that stores energy from the sun and makes it available
in an electrical form.
SOLAR THERMAL SYSTEMS
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.
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:
(1)
Solar farms and solar-power plants which have not been in active
and continuous service for a period of one year shall be removed at
the owner's or operator's expense;
(2)
The site shall be restored to as natural a condition as possible
within one year of removal.
The provisions of Article
XVI of this chapter shall apply to any violation of this article.
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.