A.
The Wales Town Board recognizes that solar energy is a clean, readily
available and renewable energy source and that the Town of Wales intends
to accommodate the use of solar systems.
B.
However, the Town Board finds a need to properly site solar energy
systems in the Town of Wales to protect residential and business areas
and other land uses, to preserve the overall beauty, nature and character
of the Town of Wales, to promote the effective and efficient use of
solar energy, and to protect the health, safety and general welfare
of the citizens of Wales.
C.
Prior to the adoption of this chapter, no specific procedures existed
to address the siting of solar energy systems. Accordingly, the Town
Board finds that the promulgation of this chapter is necessary to
direct the location and construction of these systems.
D.
Solar energy systems need to be regulated for removal when no longer
utilized.
E.
The Town Board finds that, because of the limited water supply in
the Town of Wales, only solar energy systems which require water solely
for the periodic cleaning of solar panels and solar energy systems
requiring little or no water consumption shall be allowed in the Town
of Wales.
As used in this chapter, the following terms shall have the
meanings indicated:
Generates power solely for on-site use to benefit the principal
use of the land. Accessory use solar energy systems exist on the same
lot as the principal use and are subordinate, incidental to, and customarily
found in connection with the principal use. Usually this system is
a small-scale, roof-, building- or ground-mounted system designed
to supply energy for a principal use on a residential, commercial
or mixed-use parcel.
An active solar energy system that is an integral part of
a principal or accessory building, rather than a separate device,
replacing or substituting for an architectural or structural component
of the building. Building-integrated systems include, but are not
limited to, photovoltaic or thermal solar systems that are contained
within roofing materials, windows, skylights and awnings.
The effect produced by light with an intensity sufficient
to cause annoyance, discomfort or loss in visual performance and visibility.
A solar energy system connected directly to a utility.
Freestanding solar panels mounted to the ground by use of
stabilizers or similar apparatus. Ground-mounted systems may be systems
which are accessory to the principal use of the site and designed
to supply energy to the principal use or may be a part of a solar
farm operation.
A solar energy system which converts solar energy directly
to electricity.
A principal use requiring a special use permit issued by
the Town Board. This system is allowed conditioned upon compliance
with specific requirements imposed to prevent any negative effects
on adjacent properties and/or the community and consists of an overall
footprint of greater than five and less than 50 acres. The requirements
for this system may include, but are not limited to, those listed
in this chapter.
A solar energy system that is mounted to the roof or building
using brackets, stand or other similar apparatus; typically accessory
to the land use.
Provides energy partially for on-site uses but ships some
off site. A secondary use solar energy system sited on a commercial
or agricultural parcel provides energy for the on-site principal use
while shipping a significant amount of energy off site to generate
additional revenues.
A view of the sun, from any point on the collector surface
that is not obscured by any vegetation, building or object located
on parcels of land other than the parcel upon which the solar collector
is located, between the hours of 9:00 a.m. and 3:00 p.m., Standard
time, on any day of the year.
A group of solar panels wired together.
A device, structure or part of a device or structure, the
principal purpose of which is to transform solar radiant energy into
thermal, mechanical, chemical or electrical energy.
A right, expressed as an easement, restriction, covenant
or condition contained in any deed, contract or other written instrument
executed by or on behalf of any landowner, for the purpose of ensuring
adequate access to direct sunlight for solar energy systems.
Radiant energy (direct, diffused or reflective) received
from the sun.
A system that collects or stores solar energy and transforms
it into another form of energy or transfers heat from a collector
to another medium using mechanical, electrical, thermal or chemical
means.
A utility-scale commercial facility that converts sunlight
into electricity, whether by photovoltaics (PV), concentrating solar
thermal devices (CST), or other conversion technology, where the principal
purpose of the land is to provide energy to off-site uses or wholesale
sales of generated electricity.
A system that includes a solar collector and a heat exchanger
that heats or preheats water for building heating systems or other
hot water needs.
That part or portion of a solar energy system containing
one or more receptive cells or modules, the purpose of which is to
convert solar energy for use in space heating, water heating or electricity.
A water-cooled solar thermal energy system which converts
water to steam to electricity.
A.
Rooftop-mounted and building-mounted accessory use and secondary
use solar energy systems are permitted in all zoning districts in
the Town of Wales.
B.
Ground-mounted accessory use and secondary use solar energy systems
are permitted in all zoning districts in the Town, subject to site
descriptions as stated in this chapter.
C.
Principal use solar energy systems are permitted in agricultural
zoning districts, subject to the issuance of a special use permit
by the Town Board.
