The purpose of this chapter is to provide for the location,
regulation and processing of applications for solar energy systems
within the Town of Bath. The intent is to both encourage the use of
renewable energy systems based on sunlight while at the same time
protecting the health, safety and general welfare of the residents
of the Town of Bath. In doing so, these regulations provide standards
for the safe provisions of solar energy systems in order to protect
the natural and aesthetic character of the Town of Bath with special
attention to open space, vistas, farmland, and neighboring property
owners.
The regulations contained in this chapter have been adopted
pursuant to New York Town Law §§ 261 through 263, and
are made in accordance with the comprehensive plan for the development
of the Town of Bath. The Planning Board is hereby authorized to review
and approve, approve with modifications, or disprove site plans for
solar energy systems pursuant to the criteria set forth herein.
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
A combination of photovoltaic building components integrated
into any building envelope system such as vertical facades including
glass and other facade material, semitransparent skylight system,
roofing materials and shading over windows.
GLARE
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is anchored to the ground via
a pole or other mounting system, detached from any other structure,
which generates electricity for on-site or off-site consumption.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A series of solar panels located on the roof of any legally
permitted building and/or structure for the purpose of producing electricity
for on-site and/or off-site consumption.
SOLAR ACCESS
Space open to the sun and clear of overhangs or shade so
as to permit the use of active and/or passive solar energy systems
on individual properties.
SOLAR ENERGY EQUIPMENT
Electrical energy storage devices, material, hardware, inverters
and/or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
SOLAR ENERGY SYSTEM
An electrical generating system comprised of components and
subsystems required to convert solar energy into electric energy suitable
for use. The term includes, but is not limited to, solar panels and
solar energy equipment. The area of a solar energy system includes
all the land inside the perimeter of the solar energy system, which
extends to any interconnection equipment. A solar energy system is
classified as a Tier 1, Tier 2, or Tier 3 solar energy system as follows:
A.
Tier solar energy systems include the following:
(1)
Roof-mounted solar energy systems.
(2)
Building-integrated solar energy systems.
B.
Tier 2 solar energy systems include ground-mounted solar energy
systems with system capacity up to 25 KW AC and that generate no more
than 110% of the electricity consumed on the site over the previous
12 months.
C.
Tier 3 solar energy systems are systems that are not included
in the list for Tier 1 and Tier 2 solar energy systems.
SOLAR PANEL
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
STORAGE BATTERY
A device that stores energy and makes it available in an
electrical form.
To the extent that any law, ordinance, rule or regulation, or
parts thereof, are in conflict with the provisions of this chapter
(including all provision of the Code concerning subdivision or site
plan applications), this chapter shall control.
If any provision of this chapter shall be adjudged by any court
of competent jurisdiction to be invalid, such adjudication shall not
affect, impair or invalidate the remainder thereof, but shall be confined
in its operation to the particular provision directly involved in
the controversy in which such judgment shall have been rendered.