A.
A building permit is required for all solar energy systems in the Town of Wales.
B.
Prior to the issuing of a building permit, applicants must acknowledge, in writing, that the issuing of said permit shall not and does not create in the property owner, its, his or her or their successors and assigns in title, to create in the property itself:
(1)
The right to remain free of shadows and/or obstructions to solar energy created by development of adjoining or other property or the growth of any trees or vegetation on such property; or
(2)
The right to prohibit the development on or growth of any trees or vegetation on adjoining or other property.
C.
Layout, design, installation and ongoing maintenance shall conform to applicable industry standards, Underwriters' Laboratories, the New York Uniform Construction Code, the New York State Fire Code and the Town of Wales Zoning Code, as interpreted by the Building Inspector/Zoning Officer of the Town of Wales. The manufacturers' specifications for the key components of the proposed system shall be submitted as part of the application.
D.
Building permit applications shall document compliance with this section and shall be accompanied by to-scale drawings showing the location of the system on the property or building, including property lines.
E.
All solar energy systems shall adhere to all applicable federal, state, county and Town of Wales laws, regulations and building, plumbing, electrical and fire codes.
F.
This chapter shall not apply to any lot owned by a municipality.
G.
Any solar energy system shall be accessible for all emergency services vehicles and personnel.
H.
The design, construction, operation and maintenance of any solar energy system shall prevent the misdirection and/or reflection of solar rays onto neighboring properties, public roads and public parks in excess of that which already exists.
I.
All solar energy systems must be properly maintained and kept free from all hazards, including, but not limited to, faulty wiring, loose fastening, being in an unsafe condition or detrimental to the public health, safety and general welfare. In the event of the violation of any of the foregoing provisions, the Building Inspector shall give written notice, specifying the violation, to the owner of the system to conform or to remove the system.
J.
If the use of an approved solar energy system is discontinued, the owner or operator shall notify the Building Inspector within 30 days of such discontinuance. If the solar energy system is to be retained and reused, the owner or operator shall further inform the Building Inspector of this in writing at such time and obtain any necessary approvals within one year; otherwise the system shall be deemed abandoned.
K.
The special use permit shall be revoked if the solar system, whether new or preexisting, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the system to not be in conformity with this section. Routine maintenance and like-kind replacements are excluded.
L.
All solar energy systems existing on the effective date of this chapter shall be allowed to continue usage as they presently exist. New construction other than routine maintenance shall comply with this chapter.
M.
Any applications (including variance applications) pending for solar energy systems on the effective date of this chapter shall be subject to the provisions herein.
N.
This chapter shall take precedence over any inconsistent provisions of the Zoning Law of the Town of Wales.
O.
Any solar energy system to be used strictly for agricultural use purposes in accordance with the New York State Agriculture and Markets Law may have some of the requirements of this chapter waived by the Building Inspector or the Town of Wales.
P.
Solar storage batteries. When solar storage batteries are included as part of any solar energy system, they shall be placed in a secure container or enclosure meeting the requirements of the New York State Building Code.