This zoning for solar energy chapter is adopted pursuant to
§§ 261 through 263 of the Town Law, of the State of
New York, which authorize the Town of Wilton to adopt zoning provisions
that advance and protect the health, safety, and welfare of the community,
and "to make provision for, so far as conditions may permit, the accommodation
of solar energy systems and equipment and access to sunlight necessary
therefor."
This zoning for solar energy chapter is adopted to advance and
protect the public health, safety, and welfare of the Town of Wilton,
including:
A. Taking advantage of a safe, abundant, renewable, and nonpolluting
energy resource; and
B. Decreasing the cost of energy to the owners of commercial and residential
properties, including single-family houses; and
C. Increasing employment and business development in the region by furthering
the installation of solar energy systems.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
A combination of photovoltaic building components integrated
into any building envelope system such as vertical facades, including
glass and other facade material, semitransparent skylight systems,
roofing materials, and shading over windows.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure for the primary purpose of producing less than 25 kilowatts
electricity for on-site consumption.
LARGE-SCALE SOLAR ENERGY SYSTEM
A solar energy system that is ground mounted and produces
more than 25 kilowatts of energy primarily for the purpose of off-site
sale or consumption.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
on-site or off-site consumption.
SOLAR ENERGY EQUIPMENT
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
SOLAR ENERGY SYSTEM
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
SOLAR PANEL
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
SOLAR THERMAL ENERGY SYSTEMS
Solar hot-water technology consisting of solar thermal equipment.
Thermal energy is transferred to a heat transfer system via a collector
and heat exchanger.
The requirements of this chapter shall apply to all solar energy
systems installed or modified after its effective date, excluding
general maintenance and repair of building-integrated photovoltaic
systems.
Any violation of this chapter shall be punishable by a fine
of $1,000 per day, per violation, or up to one year in jail, or both,
and each 24 hours thereof shall constitute a single, separate and
distinct offense.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision or phrase of the aforementioned
sections as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional shall not affect the validity
or enforceability of any other section, subsection, paragraph, sentence,
clause, provision or phrase, which shall remain in full force and
effect.