[HISTORY: Adopted by the Town Board of the Town of Wilson 11-7-2018 by L.L. No. 2-2018. Amendments noted where applicable.]
A.
The Town of Wilson recognizes that solar energy is a clean, readily
available, and renewable energy source. Development of solar energy
systems offers an energy resource that can act to attract and promote
green business development, and decrease cost of energy to the owners
of commercial properties within the Town of Wilson.
B.
The Town of Wilson has determined that comprehensive regulations
regarding the development of solar energy systems are necessary to
protect the interests of the Town, its residents, and its businesses.
This chapter is intended to promote the effective and efficient use
of solar energy resources; set provisions for the placement, design,
construction, and operation of such systems to uphold the public health,
safety, and welfare; and to ensure that such systems will not have
a significant adverse impact on the aesthetic qualities and character
of the Town. This legislation is not intended to override agricultural
exemptions that are currently in place.
As used in this article, the following terms shall have the
meanings indicated, unless the context or subject matter requires
otherwise.
Structures, equipment, devices or construction techniques
used for the production of heat, light, a cooling, electricity or
other forms of energy on site and may be attached to or separate from
the principal structure.
A solar energy system that consists of integrating photovoltaic
modules into the building structure, such as the roof or the facade
and which does not alter the relief of the roof.
A photovoltaic panel or tile that is installed flush to the
surface of the roof and which cannot be angled or raised.
A solar energy system that is directly installed in the ground
and is not attached or affixed to an existing structure. Pole-mounted
solar energy systems shall be considered freestanding or ground-mounted
solar energy systems for purposes of this article.
Any solar energy system that cumulatively on a lot meets
all of the following criteria:
Is an accessory or principal use or structure, designed and
intended to generate energy primarily or used to generate 110% or
less of the power used at the site, potentially by multiple tenants,
through a distribution system or electrical grid that is not available
to the general public. If excess energy is produced, it can be sold
to a utility under a net metering agreement.
Consists of an overall footprint of not less than 2,500 and
not exceeding 100,000 square feet. Overall footprint shall be determined
by the outline created on the ground, building/structure surface,
or combination thereof, excluding all rooftop-mounted solar energy
systems that meet the requirements of a small-scale or large-scale
solar energy system, by wholly enclosing all components/structures
of a solar energy system on a lot.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the grid so that they only pay for their net electricity usage
at the end of the month.
Unless a special use permit is required, the Building Department
is charged with granting permits for the operation of solar energy
systems.
A solar energy system that produces electricity by the use
of semiconductor devices, called photovoltaic cells that generate
electricity whenever light strikes them.
A solar power system in which solar panels are mounted on
top of the structure of the roof either as a flush-mounted system
or as modules fixed to frames which can be tilted toward the south
at an optimal angle.
The distance from a front lot line, side lot line, or rear
line of a parcel within which a freestanding or ground-mounted solar
energy system is installed.
Space open to the sun and clear of overhangs or shade including
the orientation of streets and lots to the sun so as to permit the
use of active and/or passive solar energy systems on individual properties.
A solar photovoltaic cell, panel or array, or solar hot air
or water collector device, which relies upon solar radiation as an
energy source for the generation of electricity or transfer of stored
heat.
An easement recorded pursuant to NY Real Property Law 335-b,
the purpose of which is to secure the right to receive sunlight across
real property of another for continued access to sunlight necessary
to operate a solar collector.
Solar collectors, controls, energy storage devices, heat
pumps, heat exchangers, and other materials, hardware or equipment
necessary to the process by which solar radiation is collected, converted
into another form of energy, stored, protected from unnecessary dissipation
and distributed. Solar systems include solar thermal, photovoltaic
and concentrated solar. For the purposes of this article, a solar
energy system does not include any solar energy system of four square
feet in size or less.
An energy generation facility or area of land principally
used to convert solar energy to electricity, whether by photovoltaics,
concentrating solar thermal devices or various experimental solar
technologies, with the primary purpose of wholesale or retail sales
of electricity.
A device for the direct conversion of solar energy to electricity.
A device that stores energy from the sun and makes it available
in an electrical form.
Solar thermal systems that directly heat water or other liquid
using sunlight. The heated liquid is used for such purposes as space
heating and cooling, domestic hot water and heating pool water.
Any solar energy system that cumulatively on a lot meets
at least one of the following:
Is a principal use or structure, designed and intended to supply
energy solely into a utility grid for sale to the general public;
or
Consists of an overall footprint of greater than 100,000 square
feet. Overall footprint shall be determined by the outline created
on the ground, building/structure surface, or combination thereof,
excluding all rooftop-mounted solar energy systems that meet the requirements
of small-scale or large-scale solar energy systems, by wholly enclosing
all components or structures of a solar energy system on a lot.
A.
The requirements of this section shall apply to all solar energy
systems installed or modified in the Town of Wilson after the effective
date of this chapter, excluding general maintenance and repair.
B.
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations and industry
standards as referenced in the New York State Uniform Fire Prevention
and Building Code Act and the Town Code.
C.
In order to promote innovative design and encourage the inclusion
of alternative energy systems within the overall design of a building,
solar energy systems determined by the Code Enforcement Officer to
be building-integrated photovoltaic (BIPV) systems, as defined herein,
are exempt from the requirements of this article. BIPV systems are
still required to meet applicable building codes and obtain all necessary
permits. The Code Enforcement Officer may request assistance from
the Planning Board to determine whether a solar energy system should
be considered a BIPV system.
A.
Large-scale and utility-scale solar energy systems that meet the
definition of a rooftop-mounted solar energy system, as defined herein,
shall be considered a permitted use pursuant to this article requiring
issuance of a building permit within the RHC 360, RNC 360, LI 360
and HI 360 zoning districts.
B.
Large-scale solar energy systems meeting the definition of a building-mounted
or ground-mounted solar energy system as defined herein may be considered
a permitted use pursuant to this article and subject to site plan
review by the Planning Board and requiring issuance of a building
permit within the RHC 360, RNC 360, LI 360 and HI 360 zoning districts.
C.
Large-scale and utility-scale solar energy systems shall not be a
permitted use on a lot in any zoning district other than the RHC 360,
RNC 360, LI 360 and HI 360 zoning districts.
D.
Utility-scale solar energy systems meeting the definition of a building-mounted
or ground-mounted solar energy system as defined herein shall be considered
a permitted use requiring the issuance of a special use permit pursuant
to this article and Article VII of the Town of Wilson Zoning Ordinance,
and subject to site plan review by the Planning Board and requiring
issuance of a building permit within the RHC 360, RNC 360, LI 360
and HI 360 zoning districts.
E.
Notwithstanding any other provision as outlined within this article,
the Code Enforcement Officer shall have the ability to refer a matter
to the Planning Board for their review and input as he/she deems appropriate.
A.
All applications for large-scale building-mounted and/or ground-mounted
solar energy systems shall be accompanied by an application for site
plan review, and all applicable fees.
B.
All applications for utility-scale building-mounted and/or ground-mounted
solar energy systems shall be accompanied by an application for special
use permit pursuant to this article and Article VII of the Town of
Wilson Zoning Ordinance, an application for site plan review, and
all applicable fees.
C.
All applications for large-scale or utility-scale solar energy systems
shall include the following:
(1)
Plans and drawings of the solar energy system installation signed
by a professional engineer registered in New York State showing the
proposed layout of the entire solar energy system along with a description
of all components, whether on site or off site, existing vegetation
and proposed clearing and grading of all sites involved. Clearing
and/or grading activities are subject to review by the Planning Board
and shall not commence until the issuance of site plan approval.
(2)
Certification from a professional engineer or architect registered
in New York State indicating that the building or structure to which
the solar energy system is to be affixed is capable of handling the
loading requirements of the solar energy system and various components.
(3)
One- or three-line electrical diagram detailing the solar energy
system installation, associated components, and electrical interconnection
methods, with all disconnects and over-current devices.
(4)
Documentation of access to the project site(s), including location
of all access roads, gates, parking areas, etc.
(5)
A stormwater, erosion, and slope analysis of the land shall be required
to be accessed by a New York State licensed professional engineer
for the site and any road used to access the site. The total area
of the face of all solar panels shall be calculated and considered
impervious surface. The applicant shall comply with the State Pollutant
Discharge Elimination System guidelines. A SWPPP (Stormwater Pollution
Prevention Plan) shall be prepared, if determined to be required,
and all local stormwater regulations shall be complied with.
(6)
Documentation of utility notification, including an electric service
order number.
(7)
Any signage used to advertise the solar energy facility shall be
limited to that required for safety and operational purposes and shall
be reasonably shielded from abutting properties. Where feasible, lighting
of the solar photovoltaic installation shall be directed downward
and shall incorporate full cutoff fixtures to reduce light pollution.
(8)
Sunchart. Where an applicant for a solar energy system requests that the setback for solar collectors from the south property line be less than that identified in § 106-6A(11)(a)[1] to [3], the Planning Board may require that the applicant submit a sunchart to demonstrate effectiveness of the proposed solar energy system. The sunchart shall also indicate the potential for obstructions to the solar skyspace of the proposed solar energy system under a scenario where an adjacent site is developed as otherwise permitted by applicable provisions of the Town of Wilson Zoning Ordinance with a building/structure built to maximum bulk and height at the minimum setback. Where no standards for height and/or setback are established, this scenario shall assume a minimum fifty-foot building height developed with a maximum setback of five feet from the property line. This article in no way places responsibility on the Town for guaranteeing the solar skyspace of a solar energy system in the event setbacks are waived at the applicant's request.
(9)
A weather-resistant sign not to exceed six square feet shall be displayed
on or near the main access point and shall list the facility name,
property owner's name, mailing address and telephone number.
(10)
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers or substations not to
exceed four square feet.
(11)
Construction schedule: proposed start date/completion connection
to power grid and date when commencement.
(12)
Decommissioning plan.
D.
All fees shall be approved by the Town Board by resolution. Nothing
in this article shall be read as limiting the ability of the Town
to enter into host community agreements with any applicant to compensate
the Town for expenses or impacts on the community. The Town shall
require any applicant to enter into an escrow agreement to pay the
engineering and legal costs of any application review, including the
review required under SEQRA if an EIS is required.
A.
All applications for large-scale or utility-scale solar energy systems
shall be in accordance with the following:
(1)
All solar energy systems shall adhere to all applicable Town of Wilson
building, plumbing, electrical, and fire codes.
(2)
Development and operation of a solar energy system shall not have
a significant adverse impact on fish, wildlife, or plant species or
their critical habitats, or other significant habitats identified
by the Town of Wilson or other federal or state regulatory agencies.
(3)
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.
(4)
All structures and devices used to support solar collectors shall
be nonreflective and/or painted a subtle or earth-tone color.
(5)
All transmission lines and wiring associated with a solar energy
system shall be buried and include necessary encasements in accordance
with the National Electric Code and Town requirements. The Planning
Board may recommend waiving this requirement if sufficient engineering
data is submitted by the applicant to demonstrate that underground
transmission lines are not feasible or practical. The applicant is
required to show the locations of all proposed overhead and underground
electric utility lines, including substations and junction boxes and
other electrical components for the project on the site plan.
(6)
All transmission lines and electrical wiring shall be in compliance
with the utility company's requirements for interconnection.
(7)
When solar storage batteries are included as part of the solar collector
system, they must be placed in a secure container or enclosure, meeting
the requirements of the New York State Uniform Fire Prevention and
Building Code when in use and when no longer used, shall be disposed
of in accordance with the laws and regulations of the Town of Wilson
and all other applicable laws and regulations.
(8)
Artificial lighting of solar energy systems shall be limited to lighting
required for safety and operational purposes and shall be shielded
from all neighboring properties and public roads.
(9)
Any signage used to advertise the solar energy facility shall be
in accordance with the Town's signage regulations.
(10)
Lot requirements. The overall footprint for any large-scale
or utility-scale ground-mounted solar energy system shall be permitted
to occupy up to 100% of the overall buildable area of the site, as
required by the Town, and shall not be counted towards the site's
maximum lot coverage as required by the Town. Overall footprint shall
be determined by the outline created on the ground by wholly enclosing
all components/structures of a solar energy system on a lot.
(11)
Bulk and siting requirements. Applies to large-scale or utility-scale
solar energy systems located in the RHC 360, RNC 360, LI 360 and HI
360 zoning districts.
(a)
Rooftop-mounted solar energy systems.
[1]
The maximum height of any rooftop-mounted solar energy system
shall be eight feet, as measured from the finished surface of the
roof to which the system is affixed.
[2]
Where rooftop-mounted solar energy systems are affixed to a
pitched or peaked roof, the solar energy system should generally follow
the slope of the roof.
[3]
A rooftop-mounted solar energy system shall not extend horizontally
beyond the plane of the roof surface.
[4]
Where practical and when obstruction of solar skyspace can be
avoided, a rooftop-mounted solar energy system shall be screened from
view from the public right-of-way by use of a building parapet or
other measure.
(b)
Building-mounted solar energy systems.
[1]
The maximum height of a building-mounted solar energy system
shall be 15 feet as measured from the lowest point where the system
is affixed to the vertical side of a building.
[2]
A building-mounted solar energy system shall not extend horizontally
more than eight feet from the vertical surface of a building.
[3]
Building-mounted solar energy systems should be integrated into
the design of the building and shall not obstruct any window, door,
or other architectural feature of the building.
(12)
Setbacks.
(a)
Large-scale or utility-scale ground-mounted solar energy systems.
[1]
The setback from the south property line for all solar collectors
constructed as part of a large-scale or utility-scale ground-mounted
solar energy system shall be 135 feet.
[2]
In no case shall the setback from the south property line be
less than that determined by the setback for accessory structures
identified for the zoning district in which the system is located.
(b)
Utility-scale ground-mounted solar energy systems.
[1]
All solar energy equipment and components/structures developed
as part of a utility-scale ground-mounted solar energy system shall
be set back from any property zoned RR 200, SRR 150, SRR 100, UR 40,
UR 100 and WC 160, a public road, or any public park a minimum of
60 feet.
[2]
All other setbacks for all solar energy equipment and components/structures
developed as part of a utility-scale ground-mounted solar energy system,
whether developed as a principal use or accessory use, shall be as
determined by the setback for principal structures identified for
the zoning district in which the system is located.
(c)
All other setbacks for all solar energy system equipment and
components/structures developed as part of a large-scale or utility-scale
rooftop-mounted, building-mounted and/or ground-mounted solar energy
system not identified above shall be as determined by the setback
for accessory structures identified for the zoning district in which
the system is located.
(13)
Due to the need to keep the solar skyspace for solar energy
systems free from obstructions, the Planning Board may recommend modifying
the landscaping requirements for any site proposed to contain solar
collectors and shall ensure that any landscaping proposed is low-growth
vegetation that will not obstruct the solar skyspace at mature height.
(14)
Following construction of a large-scale or utility-scale ground-mounted solar energy system, all disturbed areas where soil has been exposed shall be reseeded with grass and/or planted with low-level vegetation capable of preventing soil erosion and airborne dust. Failure to comply with these provisions shall result in an enforcement action in accordance with § 102-4 of the Town Code.
(15)
Solar energy systems and equipment shall be marked in order
to provide emergency responders with appropriate warning and guidance
with respect to isolating the solar electric system. Materials used
for marking shall be weather resistant.
(a)
For residential applications, the marking may be placed within
the main service disconnect. If the main service disconnect is operable
with the service panel closed, then the marking should be placed on
the outside cover.
(b)
For the nonresidential application, the marking shall be placed
adjacent to the main service disconnect in a location clearly visible
from the location where the lever is operated.
(c)
In the event any of the standards in this article for markings
are more stringent than applicable provisions of applicable residential,
building, fire, and electric codes, they shall be deemed to be guidelines
only and the standards of the applicable residential, building, fire
and electric codes shall apply.
B.
Applications for utility-scale solar energy systems shall meet the
following additional criteria:
(1)
Photo simulations shall be included showing the proposed solar energy
system in relation to the building/site along with elevation views
and dimensions, and manufacturer's specs and photos of the proposed
solar energy system, solar collectors, and all other components.
(2)
Any site containing a utility-scale solar energy system shall contain
fencing or other enclosure acceptable to the Town enclosing all solar
energy system components that present safety hazards.
(3)
A berm, landscape screen, or other opaque enclosure, or any combination
thereof acceptable to the Town capable of screening the site, shall
be provided along any property line that abuts an existing residence
or any property zoned other than the RHC 360, RNC 360, LI 360 and
HI 360 zoning districts.
(4)
After completion of a utility-scale solar energy system, the applicant
shall provide a post-construction certification from a professional
engineer registered in New York State that the project complies with
applicable codes and industry practices and has been constructed and
is operating according to the design plans.
A.
Removal of trees and other existing vegetation should be minimized
or offset with planting elsewhere on the property.
B.
Removal of any prime agricultural soil from the subject parcel is
prohibited.
C.
Proposed major solar systems shall not be placed on lands containing
prime farmland soils.
D.
Roadways within the site shall not be constructed of impervious materials
and shall be designed to minimize the extent of roadways constructed
and soil compaction.
E.
All on-site utility and transmission lines shall, to the extent feasible,
be placed under ground.
F.
Solar collectors and other facilities shall be designed and located
in order to minimize reflective glare and/or glint toward any inhabited
buildings or adjacent properties or roads.
G.
All mechanical equipment, including any structure for batteries or
storage cells, shall be enclosed by a minimum six-foot-high fence
with a self-locking gate and provided with landscaping screening.
H.
Major systems or solar farms shall not obstruct solar access to adjacent
properties.
A.
Unsafe, inoperable, and/or abandoned solar energy systems and solar
energy systems for which a special use permit has expired shall be
removed by the owner. A solar energy system shall be deemed abandoned
when it fails to produce energy for at least one year. All safety
hazards created by the installation and operation of the solar energy
system shall be eliminated and the site restored to its preexisting
condition within six months of the removal of the solar energy system.
B.
For all utility-scale solar energy systems, the applicant shall submit
a decommissioning plan for review and approval as part of the special
use permit application. The plan must specify that after the solar
energy system is no longer in use (as determined by the owner/operator
or the Building Inspector), it shall be removed by the applicant or
any subsequent owner. The decommissioning plan shall identify the
anticipated life of the project, and shall demonstrate how the removal
of all infrastructure and restoration shall be conducted to return
the parcel to its original state prior to construction. The plan shall
also include an expected timeline for execution and a cost estimate
for decommissioning prepared by a professional engineer or qualified
contractor. Cost estimates shall take inflation into consideration
and be revised every five years during operation of the system and
include any salvage value. Removal of the large-scale solar energy
system must be completed in accordance with the approved decommissioning
plan and the standards provided as follows:
(1)
All structures and foundations associated with the large-scale solar
energy systems shall be removed;
(2)
All disturbed ground surfaces shall be restored to original conditions
including top soil and seeding as necessary; and
(3)
All electrical systems shall be properly disconnected and all cables
and buried wiring shall be removed.
C.
A bond or other approved security shall be provided to cover the
cost of removal and restoration of the area impacted by the solar
system. Security shall be in an amount equal to 125% of the construction
estimate as presented in the approved decommissioning plan. The bond
shall be renewed every five years or, as necessary, to reflect adjustments
in the projected costs of decommissioning.
D.
In the event that the property owner fails to remove the aforesaid
nonfunctioning system within the time prescribed herein, the Town
may enter upon the land where such system has been installed and remove
same. All expenses incurred by the Town in connection with the removal
of the nonfunctioning system shall be assessed against the land on
which the freestanding or ground-mounted solar collector(s) is located
and shall be levied and collected in the same manner as provided in
Article 15 of the New York Town Law for the levy and collection of
a special ad valorem levy.
A.
Any change of ownership or operation shall require appearance before
the Town to ensure a shared understanding of conditions imposed by
the special use permit including, but not limited to, the necessity
of an effective bond.
B.
Any post-construction changes or alterations to the solar energy
system shall be done by amendment to the special use permit only and
subject to the requirements of this article.
A.
Time limit on completion. After the granting of a special permit
of a utility scale solar energy system with concurrent site plan approval
or site plan renewal of a freestanding or ground-mounted solar energy
system by the Zoning Board of Appeals, the building permit shall be
obtained within six months and the project shall be completed within
12 months. A six-month extension to obtain a building permit or the
completion time can be issued by the Zoning Board of Appeals upon
application by the applicant. If not constructed, the special permit
and/or site plan approval shall automatically lapse within 12 months
after the date of approval by the Town of Wilson Zoning Board of Appeals
(unless an extension is granted).
B.
Inspection. Upon reasonable notice, the Town of Wilson Building Inspector
or his/her designee may enter a lot on which a solar energy system
has been approved for the purpose of compliance with any requirements
or conditions. Twenty-four hours advance notice by telephone to the
owner/operator or designated contact person shall be deemed reasonable
notice. Furthermore, a utility-scale solar system may be inspected
annually by a New York State licensed professional engineer who has
been approved by the Town at any time, upon determination by the Town's
Building Inspector that damage may have occurred, and a copy of the
inspection report shall be submitted to the Town Building Inspector.
Any fee or expense associated with this inspection shall be borne
entirely by the permit holder.
C.
General complaint process. During construction, the Town Building
Inspector can issue a stop order at any time for any violations of
a special permit or building permit. After construction is complete,
the permit holder of a utility-scale solar energy system shall establish
a contact person, including name and phone number, for receipt of
any complaint concerning any permit requirements.
A.
The Town of Wilson recognizes that solar energy is a clean, readily
available, and renewable energy source. Development of solar energy
systems offers an energy resource that can act to attract and promote
green business development, and decrease cost of energy to the owners
of residential properties within the Town of Wilson.
B.
The Town of Wilson has determined that comprehensive regulations
regarding the development of solar energy systems are necessary to
protect the interests of the Town, its residents, and its businesses.
This chapter is intended to promote the effective and efficient use
of solar energy resources; set provisions for the placement, design,
construction, and operation of such systems to uphold the public health,
safety, and welfare; and to ensure that such systems will not have
a significant adverse impact on the aesthetic qualities and character
of the Town. This legislation is not intended to override agricultural
exemptions that are currently in place.
C.
Greater restrictions to prevail. It is not intended by this chapter
to repeal, except as herein stated, abrogate or impair existing conditions
previously made or permits previously issued relating to the use of
buildings or premises or to impair or interfere with any easements,
covenants or agreements existing between parties. Except as otherwise
provided herein, whenever this chapter imposes a greater restriction
upon the use of buildings or premises than is required by existing
provisions of law, ordinance, regulations or permits or by such easements,
covenants or agreements, the provisions of this chapter shall control.
As used in this article, the following terms shall have the
meanings indicated, unless the context or subject matter requires
otherwise.
Structures, equipment, devices or construction techniques
used for the production of heat, light, a cooling, electricity or
other forms of energy on site and may be attached to or separate from
the principal structure.
A solar energy system that consists of integrating photovoltaic
modules into the building structure, such as the roof or the facade
and which does not alter the relief of the roof.
A photovoltaic panel or tile that is installed flush to the
surface of the roof and which cannot be angled or raised.
A solar energy system that is directly installed in the ground
and is not attached or affixed to an existing structure. Pole-mounted
solar energy systems shall be considered freestanding or ground-mounted
solar energy systems for purposes of this article.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the grid so that they only pay for their net electricity usage
at the end of the month.
Unless a special use permit is required, the Building Department
is charged with granting permits for the operation of solar energy
systems.
A solar energy system that produces electricity by the use
of semiconductor devices, called photovoltaic cells that generate
electricity whenever light strikes them.
A solar power system in which solar panels are mounted on
top of the structure of the roof either as a flush-mounted system
or as modules fixed to frames which can be tilted toward the south
at an optimal angle.
The distance from a front lot line, side lot line, or rear
line of a parcel within which a free standing or ground-mounted solar
energy system is installed.
For purposes of this chapter, the term "small-scale solar"
refers to any solar energy system that cumulatively on a lot consists
of an overall footprint not more than 5,000 square feet in size.
Space open to the sun and clear of overhangs or shade including
the orientation of streets and lots to the sun so as to permit the
use of active and/or passive solar energy systems on individual properties.
A solar photovoltaic cell, panel or array, or solar hot air
or water collector device, which relies upon solar radiation as an
energy source for the generation of electricity or transfer of stored
heat.
An easement recorded pursuant to NY Real Property Law 335-b,
the purpose of which is to secure the right to receive sunlight across
real property of another for continued access to sunlight necessary
to operate a solar collector.
Solar collectors, controls, energy storage devices, heat
pumps, heat exchangers, and other materials, hardware or equipment
necessary to the process by which solar radiation is collected, converted
into another form of energy, stored, protected from unnecessary dissipation
and distributed. Solar systems include solar thermal, photovoltaic
and concentrated solar. For the purposes of this article, a solar
energy system does not include any solar energy system of four square
feet in size or less.
An energy generation facility or area of land principally
used to convert solar energy to electricity, whether by photovoltaics,
concentrating solar thermal devices or various experimental solar
technologies, with the primary purpose of wholesale or retail sales
of electricity.
A device for the direct conversion of solar energy to electricity.
A device that stores energy from the sun and makes it available
in an electrical form.
Solar thermal systems that directly heat water or other liquid
using sunlight. The heated liquid is used for such purposes as space
heating and cooling, domestic hot water and heating pool water.
A.
The requirements of this section shall apply to all solar energy
systems installed or modified in the Town of Wilson after the effective
date of this chapter, excluding general maintenance and repair.
B.
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations and industry
standards as referenced in the New York State Uniform Fire Prevention
and Building Code Act and the Town Code.
A.
The installation of a solar collector, whether attached to the main
structure or as a detached accessory structure, shall require a building
permit. Solar collectors are subject to the minimum setbacks, offsets
and lot area coverage for whatever use district in which they are
proposed to be installed. Height limitations for solar collectors
shall be five feet above the level of the permitted building height.
All solar collectors and their associated support elements shall be
designed according to generally accepted engineering practice to withstand
wind pressures applied to exposed areas by wind from any direction,
to minimize the migration of light or sound from the installation
and to minimize the development of sight obstructions for adjacent
structures or land parcels. Installation of building-integrated photovoltaic
(BIPV) systems, as defined herein, are exempt from the requirements
of this article. BIPV systems are still required to meet applicable
building codes and obtain all necessary permits. The Code Enforcement
Officer may request assistance from the Planning Board to determine
whether a solar energy system should be considered a BIPV system.
B.
Other alternative natural energy conservation devices shall be considered
structures and shall require a building permit. All permit applications
for such devices will be reviewed and considered pursuant to the Zoning
Ordinance of the Town of Wilson.
C.
Rooftop- or building-mounted solar energy system. These systems shall
be allowed based upon the following criteria:
(1)
Small-scale solar energy systems located in the RR 200, SRR 150,
SRR 100, UR 40, UR 100, and WC 160 zoning districts are only permitted
if they contain solar collectors (up to 5,000 square feet) located
on the rooftops of principal or accessory buildings. The solar collectors
must be completely contained within the limits of the building roof.
All other equipment and components of the solar energy system shall
be located within the rear yard, as defined by the Zoning Schedule,[1] only and are subject to setbacks for accessory structures.
[1]
Editor's Note: The Zoning Schedule is included as an
attachment to this chapter.
(2)
Small-scale solar energy systems featuring rooftop-mounted solar
collectors (up to 5,000 square feet) on the rooftops of principal
or accessory buildings are also permitted in RHC 360, RNC 360, LI
360 and HI 360 zoning districts. Rooftop-mounted solar collectors
must be completely contained within the limits of the principal or
accessory building's roof.
(3)
Rooftop- and building-mounted, small-scale solar energy systems exceeding
750 square feet in size shall require site plan approval by the Town
Planning Board.
D.
Freestanding or ground-mounted solar energy system. These systems
shall be allowed based upon the following criteria:
(1)
Units shall be prohibited from any side or front yard as defined
by Town code.
(2)
Units shall be placed a minimum of 50 feet away from any property
line. In no case shall the Zoning Board of Appeals grant a variance
of this setback requirement that would result in a setback of less
than 25 feet.
(3)
A ground-mounted solar unit of 50 square feet or greater shall require
a site plan application to be completed and submitted to the Town.
(4)
In the RR 200, SRR 150, SRR 100, UR 40, UR 100 and WC 160 districts,
ground-mounted solar units of 500 square feet or less will be allowed
as an accessory structure by issuance of a building permit.
(5)
In the RR200, SRR 150, SRR 100, UR 40, UR 100 and WC 160 districts,
ground-mounted solar units greater than 500 square feet but equal
to or less than 1,500 square feet, will be allowed as an accessory
structure by site plan approval by the Town Planning Board, on lots
that are a minimum of 200 feet in lot width and a minimum of three
acres in size.
(6)
In the RHC 360, RNC 360, LI 360 and HI 360 zoning districts, ground-mounted
solar units less than 2,500 square feet in size are allowed as an
accessory structure by site plan approval by the Town Planning Board.
E.
Notwithstanding any other provision as outlined within this article,
the Code Enforcement Officer shall have the ability to refer a matter
to the Planning Board for their review and input as he/she deems appropriate.
A.
Whenever the regulations made by this chapter require a greater width
or size of yards or courts or require a lower height of building or
less number of stories or require a greater percentage of lot to be
left unoccupied or impose other higher standards than required in
any other ordinance or regulation, the provisions of the regulations
made by this chapter shall govern.
B.
Whenever the provisions of any other ordinance or regulation require
a greater width or size of yards or courts or require a lower height
of building or less number of stories or require a greater percentage
of the lot to be left unoccupied or impose other higher standards
than are required by regulations made by this chapter, the provisions
of such other ordinance or regulation shall govern.
A.
Allowing or permitting the reflective glare of solar rays of any
solar energy system or array of solar panels, of any nature or kind
or description, onto neighboring properties, public roads, or public
parks, under any circumstances whatsoever, is strictly prohibited.
(1)
It is the responsibility of any landowner, resident, manager, tenant,
or lessee of any premises upon which there is situate a solar energy
system or array of solar panels of any nature, kind, or description
to keep reflective glare of any description from going onto neighboring
properties, public roads or public park at any time. In that regard
it is the ongoing responsibility of such persons to conduct regular
inspections of such systems or array to prevent the direction of reflective
glare onto the property of another and, if necessary, to make appropriate
adjustments to prevent the same from occurring.
(2)
In the event such persons become aware of, or with the exercise of
reasonable care would have become aware of, or has received a complaint,
that reflective glare from his solar energy system or array of solar
panels is upon the property of another, such person shall undertake
action to immediately block the reflective glare. This may be accomplished
by adjusting the angles of the system or array, if possible, or by
physically blocking the glare by covering the panels or by removing
them.
(3)
Upon the failure, refusal or neglect of such person to immediately block the reflective glare as directed by Subsection A(2) above, Town of Wilson workforces, at the direction of the Town Building Inspector and/or Code Enforcement Officer, shall cover such system or array of panels, if possible, to block the reflective glare. If not, the system or panels shall be physically deconstructed or removed to the point the reflective glare is blocked.
(4)
In the event the system or panels are removed or deconstructed as set forth in Subsection A(3) above, the owner or person responsible for the system or array shall not replace or reconstruct the system or panels until he applies to and received from the Planning Board of the Town of Wilson a permit after submitting to the Building Inspector a plan of operation that will ensure no further incidents of reflective glare onto neighboring properties, public road, or public park will occur.
(5)
Further, or additional complaints of such incidents shall be grounds
to revoke any permit received from the Town of Wilson for the system
or array and the system or array shall be fully dismantled and removed
from the premises.
B.
Solar energy systems shall be marked in order to provide emergency
responders with appropriate warning and guidance with respect to isolating
the solar electric system.
(1)
The marking may be placed within the main service disconnect. If
the main service disconnect is operable with the service panel closed,
then the marking should be placed on the outside cover.
(2)
For the nonresidential application, the marking shall be placed adjacent
to the main service disconnect in a location clearly visible from
the location where the lever is operated.
(3)
In the event any of the standards in this chapter for markings are
more stringent than applicable provisions of applicable residential,
building, fire, and electric codes, they shall be deemed to be guidelines
only and the standards of the applicable residential, building, fire
and electric codes shall apply.
(4)
In addition to a main service disconnect all solar energy systems
shall have the ability to be powered down with stored AC power drained
in the event of an emergency.
Any violation of this chapter shall be subject to the same civil
and criminal penalties provided for in the Wilson Town Code, including
any applicable zoning regulations, and/or the laws of the State of
New York.
