Town of Wales, NY Article II General Regulations

§ 196-4 Regulations applicable in all districts.

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.

§ 196-5 Rooftop- or building-mounted accessory uses.

A. Rooftop-mounted solar energy systems shall not be more than three feet higher than the finished roof to which they are mounted, and in no instance shall any part of the system extend beyond three feet before the edge of the roof. There shall be at least a three-foot center walkway for safety access purposes.

B. For rooftop- or wall-mounted solar energy systems, the applicant shall provide evidence that the plan complies with the Uniform Construction Code and the adopted Building Code of the Town of Wales and that the roof or wall involved is capable of holding the load imposed on the structure.

C. A roof-mounted solar energy system may be located on a front-facing roof as viewed from any adjacent street only when approved as a conditional use and if the applicant can demonstrate that glare or other effects will not negatively impact others and that, due to solar access limitations, no location exists other than the street-facing roof where the solar energy system can perform effectively.

D. A roof- or wall-mounted solar energy system may be located on a principal or accessory building and shall be subject to the maximum height regulations specified for such buildings in the relative sections of this Code book.

E. Any electrical controls associated with a building-mounted solar energy system shall be located on an exterior wall, common with and not more than 10 feet from the electrical utility meter for said building.

§ 196-6 Ground-mounted accessory uses.

A. The location of said solar energy system shall be placed no closer than standard setback requirements for an accessory structure in the use district in which it is located.

B. The location of said solar energy system shall only be located in the side or rear yard.

C. The orientation of said solar energy system shall not be directed at any adjoining building, public roads or public parks where such would create a negative impact due to glare or other results.

D. The height of said solar system shall not exceed 15 feet when oriented at a maximum tilt when situated on a lot in R or B Zoning Districts.

E. Ground-mounted solar energy systems may not be located in a required front yard unless authorized by the Building Inspector and where no location exists on the property other than the front yard where the solar panel can perform effectively.

F. Ground-mounted solar energy systems do not count as an accessory structure for the purpose of meeting limits on the total square footage or number of accessory structures allowed.

G. The total surface area of said solar energy system shall not exceed the allowed accessory structures or combinations of accessory structures where permitted.

§ 196-7 Principal use of solar energy systems.

A. All principal use solar energy systems constructed with the Town of Wales shall utilize only silicon-based panels and/or panels similarly based using nontoxic materials and must pass the TCLP test and be classified as nontoxic.

B. Principal use solar energy system owners/operators shall, prior to the operation of these systems and at their expense, provide appropriate training sessions for the local fire/emergency services personnel to ensure their full capability in dealing with solar-energy-system-related emergencies.

C. A principal use solar energy system is an area of land or other area used for a solar collection system used to capture solar energy, convert it to electrical energy or thermal power and supply electrical energy or thermal power primarily or totally for off-site use. A principal use solar energy system consists of one or more freestanding solar collector devices, solar-related equipment and other accessory structures and/or buildings, including light reflectors, concentrators and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures.

D. The owner of a principal use solar energy system shall provide the Town of Wales written confirmation that the public utility company to which the system will be connected has been informed of the customer's intent to install a grid-connected system and has approved of such connection. Off-grid and primarily off-grid systems are exempt from this requirement.

E. The principal use solar energy system owner and/or operator shall maintain a phone number and identify a person responsible for the public to contact with inquires or complaints throughout the life of the project and provide said name and number to the Town of Wales. The system owner/operator shall make reasonable efforts to respond in a timely fashion to the public's inquiries and complaints.

F. A noise study shall be performed by an independent noise study expert, paid for by the applicant, and showing that noise from a principal use solar energy system:

(1) Does not exceed 45 DBA as measured at the property line; or

(2) Shall not have any adverse effect on the surroundings, evidence of which is conclusive in the opinion of the Wales Town Board.

G. The total surface area (footprint) of a principal use solar energy system, defined as the surface area actually covered by the system-related equipment, shall not exceed 10 acres or 20% of the parcel on which it is located and shall be screened from any adjacent property that is residentially zoned and used for residential purposes. The screen may consist of plant materials which provide a visual screen or a decorative fence meeting the requirements of the appropriate zoning ordinance listed elsewhere in this Code. The site area footprint size shall be computed by determination of the Building Inspector.

H. At a minimum, a twelve-foot-wide cartway shall be provided between the solar arrays to allow access for maintenance vehicles and emergency management vehicles, including fire apparatus, as well as water-runoff mitigation. "Cartway width" is the distance between the bottom edge of a solar panel to the top edge of the solar panel directly across from it.

I. All solar panel materials shall be contained in a solid matrix, insoluble and nonvolatile at ambient conditions, and enclosed to prevent ground leaching and volatilization to the air.

J. The owner or operator of a principal use solar energy system shall contain all unenclosed electrical conductors and equipment located above ground within structure(s) that control access.

K. Appropriate safety/warning signage concerning voltage or other hazards shall be placed at ground-mounted electrical and/or other devices, equipment and structures. All electrical control devices and/or other hazardous devices associated with the solar energy system shall be locked away to prevent any unauthorized access, contact or entry.

L. Any changes or alterations post-construction to a principal use solar energy system shall be done only by amendment on the special permit and/or site plan (if required), subject to all requirements of this Code.