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.
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.
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.
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:
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.
