[Adopted 9-6-2016 by L.L.
No. 3-2016]
A.
Solar energy is a renewable and nonpolluting energy resource that
can prevent fossil fuel emissions and reduce a municipality's energy
load. Energy generated from solar energy systems can be used to offset
energy demand on the grid where excess solar power is generated.
B.
The use of solar energy equipment for the purpose of providing electricity
and energy for heating and/or cooling is a priority and is a necessary
component of the Town's current and long-term sustainability agenda.
C.
The article aims to promote the accommodation of solar energy systems
and equipment and the provision for adequate sunlight and convenience
of access necessary therefor.
A.
The increase in state and federal support for non-petroleum-based,
renewable energy source uses, including the desirability of solar
energy generating facilities being proposed to be located within the
County of Orange, provide a possibility for a significant increase
of having a potential number of individuals, companies and/or property
owners seeking to create, establish and/or operate solar use facilities.
B.
The Town of Deerpark Town Board has determined that it is appropriate
to monitor the installation of solar use facilities by utilization
of appropriate regulation and fees relative to said use by local property
owners.
(1)
Based upon studies and evaluations examining regulation of residential
uses throughout the State of New York, the Town Board of the Town
of Deerpark has determined that appropriate methodologies must be
created to monitor:
(2)
The goal is to regulate these uses without significant cost to, or
interference with, property owners.
C.
SEQR requirements.
As used in this article, the following terms shall have the
meanings indicated:
A structure, the use of which is customarily incidental and
subordinate to that of the principal building and is attached thereto,
and is located on the same lot or premises as the principal building.
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 building.
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.
The grant of a priority status to an application that results
in the review of the application ahead of applications filed prior
thereto, including applications which may be currently under review
by the applicable agency.
Photovoltaic panels and tiles that are installed flush to
the surface of a roof and which cannot be angled or raised.
A solar energy system that is directly installed in/on the
ground, or as modules fixed to frames which can be tilted toward the
south at an optimal angle, and which is not attached or affixed to
an existing structure.
For purposes of this article, the term "large-scale solar"
refers to solar photovoltaic systems that produce 23 kilowatts (kW)
per hour of energy or more, or solar-thermal systems which, although
they may serve the building or electrical service to which they are
attached, provide energy for other buildings, other properties or
the commercial electrical grid.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the grid so they only pay for their net electricity usage at the
end of the month.
The Town authority charged with granting permits for the
operation of solar energy systems.
A solar energy system that produces electricity by the use
of 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.
For purposes of this article, the term "small-scale solar"
refers to solar photovoltaic systems that produce less than 23 kilowatts
(kW) per hour of energy or solar-thermal systems which serve only
the building or electrical service 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 solar photovoltaic cell, panel, or array, or solar hot-air
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 New York 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 a solar collector.
Solar collectors, controls, energy storage 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.
A device for the direct conversion of solar energy into electricity.
A program to expedite all applications for commercial and
residential solar panel installation to encourage the use of reliable
and clean renewable energy.
A device that stores energy from the sun and makes it available
in an electrical form.
Solar thermal systems directly heat water or other liquids
using sunlight. The heated liquid is used for purposes such as space
heating and cooling, domestic hot water, and heating pool water.
A.
The requirements of this article shall apply to all solar energy
systems (residential, commercial, multifamily and condominium) proposed,
modified or installed after the effective date of this article.
B.
Solar energy systems for which a valid permit has been previously
and properly issued, or for which installation has commenced, prior
to the effective date of this article shall not be required to meet
the requirements of this article except in accordance with § 191-15D,
E, F and G.
C.
All solar energy systems shall be designed, erected and installed
in accordance with all applicable codes, regulations and standards.
D.
Small-scale solar energy collectors 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 State Public Service Law § 66-j
or similar state or federal statutes.
E.
Large-scale solar energy collectors shall not be restricted to providing
power only for use by owners, lessees, tenants, residents, or other
occupants of the premise on which they are erected.
A.
No solar energy system or device shall be installed or operated in
the Town except in compliance with this article.
B.
To the extent practicable, and in accordance with Town law, the accommodation
of solar energy systems and equipment and the protection of access
to sunlight for such equipment shall be encouraged in the application
of the various review and approval provisions of the Town Code.
C.
Rooftop and building-mounted solar collectors. Rooftop and building-mounted
solar collectors are permitted in all zoning districts in the Town,
subject to the following conditions:
(1)
No Planning Board review and site plan approval shall be required
for the installation of a small-scale rooftop or building-mounted
solar collector generating less than 23kW per hour. The Town shall
utilize the New York State unified solar permit, as amended by the
Town, in addition to or as an alternative to the existing Town Law
in order to accomplish the stated purposes of the Town Board.
(2)
Planning Board review and site plan approval shall be required for
the installation of any large-scale solar collector generating 23kW
per hour or more.
(3)
Building permits shall be required for installation of all rooftop
and building-mounted solar collectors.
(4)
Any height limitations of the Town Code shall be applicable to solar
collectors, provided that such structures are erected only to such
height as is reasonably necessary to accomplish the purpose for which
they are intended to serve and that such structures do not obstruct
solar access to neighboring properties.
(5)
Placement of solar collectors shall be allowed, provided that panels
do not extend horizontally past the roofline.
D.
Building-integrated photovoltaic (BIPV) systems. BIPV systems are
permitted in all zoning districts.
E.
Ground-mounted and freestanding small-scale solar collectors. Ground-mounted
and freestanding solar collectors are permitted as accessory structures
in all zoning districts of the Town, subject to the following conditions:
(1)
Planning Board review and site plan approval shall be required for
the installation of a small-scale ground-mounted or freestanding solar
collector, generating less than 23kW per hour; however, the Planning
Board shall be and hereby is authorized to waive the requirement of
a public hearing as part of the review of an application for such
small-scale ground-mounted or freestanding solar collector. Planning
Board review and site plan approval, including a public hearing(s),
shall be required for the installation of any large-scale solar collector
generating less than 23kW or more.
(2)
Building permits are required for the installation of all ground-mounted
or freestanding solar collectors.
(3)
The location of the solar collector must meet all applicable setback
requirements for accessory structures in the zoning district in which
it is located.
(4)
The height of the solar collector and any mounts shall not exceed
20 feet when oriented at maximum tilt.
(5)
Solar energy equipment shall be located in a manner to reasonably
minimize view blockage for surrounding properties and shading of property
to the north, while still providing adequate solar access for collectors.
(6)
Freestanding 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.
F.
Ground-mounted and freestanding large-scale solar collectors. Ground-mounted
and freestanding solar collectors are permitted as principal structures
in all zoning districts of the Town, subject to the following conditions:
(1)
Planning Board review and site plan approval, including a public
hearing(s), shall be required for the installation of a large-scale
ground-mounted or freestanding solar collector proposed to be constructed
as a principal use. Planning Board review and site plan approval,
including a public hearing(s), shall be required for the installation
of any large-scale solar collector.
(2)
Building permits are required for the installation of all large-scale
ground-mounted or freestanding solar collectors.
(3)
The location of the solar collector must meet all applicable setback
requirements for principal and/or accessory structures in the zoning
district in which it is located. In cases where the setback requirements
differ, the collector must meet the more-restrictive setback requirements
for the zoning district in which the parcel is located.
(4)
The height of the solar collector and any mounts shall not exceed
20 feet when oriented at maximum tilt.
(5)
Solar energy equipment shall be located in a manner to reasonably
minimize view blockage for surrounding properties and shading of property
to the north, while still providing adequate solar access for collectors.
(6)
Freestanding 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.
A.
All solar collector installations must be performed by a qualified
solar installer.
B.
Prior to operation, electrical connections must be inspected by an
electrical underwriter, Town Code Enforcement Officer, and/or 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.
Rooftop and building-mounted 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 solar collector ceases to perform its originally intended function
due to damage 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, unless the
equipment poses a safety hazard or is an eyesore, in which circumstance
removal must be performed within 30 days.
A.
If an individual is found to be in violation of the provisions of
this article, appeals would be made in accordance with the established
procedures of the Town Code.
B.
If a building permit for a solar energy device is denied because
of a conflict with other goals of the Town, the applicant may seek
relief from the Town Zoning Board of Appeals, which shall regard solar
energy as a factor to be considered, weighed and balanced along with
other factors.
