[HISTORY: Adopted by the Common Council of the City of Fulton 6-18-2024 by L.L. No. 11-2024. Amendments noted where applicable.]
A. 
The Common Council of the City of Fulton adopts this chapter to accommodate the use of solar energy systems and to regulate the placement of solar energy systems so that the public health, safety, natural resources and aesthetics of the City of Fulton and its residents will not be jeopardized.
B. 
The Common Council of the City of Fulton finds that solar energy is an abundant renewable energy source. Therefore, the City of Fulton intends to accommodate the use of solar energy systems.
C. 
Regulations for the siting, installation and use of solar energy are necessary for the purpose of protecting the health and safety of neighboring property owners, the general public and the aesthetics of the community. These regulations are in place to balance the need to improve energy sustainability through increased use of solar energy while preserving the public health, welfare and safety, as well as environmental quality, visual and aesthetic values and existing neighborhood's social and ecological stability. Further, the intent is to minimize any adverse impacts on the character of the neighborhood's property values, scenic, traffic safety, historic and environmental resources of the City.
D. 
Solar energy systems need to be regulated for removal when they are no longer utilized or are out of compliance with the requirements of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
AGRICULTURAL DUAL-USE
Also referred to as "dual-use" or agrivoltaics," this involves the practice of co-locating solar photovoltaic panels on farmland in such a manner that primary agricultural activities, including animal grazing and crop or vegetable production, can continue simultaneously on that farmland.
APPLICANT
The person or entity filing an application and seeking an approval under this chapter, the owner or operator of a solar energy system or proposed solar energy system or any person acting on behalf of an applicant.
BUILDING-INTEGRATED PHOTOVOLTAIC COLLECTORS
A solar energy system that consists of integrating photovoltaic modules into the building envelope, such as the roof or the facade, which does not alter the roofline.
COLLECTIVE SOLAR
Solar installations owned collectively through subdivision owner associations or similar groups. Collective solar installations shall be regulated depending upon generation capacity as defined herein.
FARMLAND OF STATEWIDE IMPORTANCE
Land, designated as "farmland of statewide importance" in the U.S. Department of Agriculture Natural Resources Conservation Services (NRCS)'s Soil Survey Geographic Database on Web Soil Survey, that is of statewide importance for the production of food, feed, fiber, forage and oilseed crops as determined by the appropriate state agency or agencies. Farmland of statewide importance may include tracts of land that have been designated for agriculture by state law.
FLUSH-MOUNTED SOLAR PANELS
A photovoltaic panel or tile that is installed flush to the surface of the roof and which cannot be angled or raised.
FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY COLLECTOR
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 chapter.
LARGE-SCALE SOLAR COLLECTION SYSTEM or SOLAR FARM
An area of land with solar facilities principally used to capture solar energy and convert it to electrical energy to transfer to the public electric grid in order to sell electricity to or receive a credit from the public utility entity, but also may be for on-site use. Solar facilities consist of one or more freestanding ground- or roof-mounted solar collector devices, solar-related equipment and other accessory structures and buildings, including light reflectors, concentrators, heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
PASSIVE SOLAR COLLECTOR
A solar energy system that relies upon original or retrofitted design features and building materials of a structure to enhance the use of natural forces to provide heating and cooling within a building.
PHOTOVOLTAIC COLLECTOR
A solar energy system that produces electricity by the use of semiconductor devices, called "photovoltaic cells," which generate electricity whenever light strikes them.
QUALIFIED SOLAR INSTALLER
A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purpose of this definition.
ROOFTOP OR BUILDING-MOUNTED SOLAR PROTECTORS
A solar system in which solar panels are mounted on top of the structure of a roof either as a flush-mounted system or as a module fixed to frames which can be tilted toward the south at an optimal angle.
SOLAR ACCESS
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.
SOLAR COLLECTOR
A device or combination of devices which relies upon solar radiation as an energy source and that is employed for the purpose of heating or cooling a building, the heating of water or the generation of electricity. For the purpose of this chapter, a solar collector does not include any solar energy system of four square feet in size or less.
SOLAR ENERGY EQUIPMENT
Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, batteries and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, and protected from unnecessary dissipation or distribution.
UTILITY-SCALE SOLAR ENERGY SYSTEM
Any solar energy system that is capable of producing greater than 25 kw of electricity per hour.
A. 
All solar energy systems existing on the effective date of this chapter shall be allowed to continue usage as they presently exist. Routine maintenance shall be permitted on such existing systems. New construction other than routine maintenance shall comply with the requirements of this chapter.
B. 
No solar energy system shall hereafter be used, erected, moved, reconstructed, changed or altered except in conformity with this chapter.
C. 
Any applications (including variance applications) pending for solar systems on the effective date of this chapter shall be subject to the provisions of this chapter.
D. 
This chapter shall take precedence over any inconsistent provisions of the City of Fulton Code.
A. 
Rooftop and building-mounted solar collectors are permitted in all zoning districts in the City of Fulton, subject to the following requirements:
(1) 
Building permits shall be required for installation of all solar collectors.
(2) 
All solar energy systems capable of producing greater than 25 kw of electricity per hour or less are permitted in M-1 Zoning Districts in the City of Fulton.
(3) 
In a nonresidential district, the maximum height of a panel in a tilted position shall not exceed six feet above the surface of the roof.
(4) 
All rooftop or building-mounted solar collectors shall use black or neutral, nonreflective colors.
(5) 
All utility services and electrical wiring shall be underground or otherwise placed within conduit securely attached to the roof and walls.
(6) 
Rooftop units shall be installed in accordance with all applicable requirements of New York State Uniform Fire Prevention and Safety Code.
(7) 
In residential districts, panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and highest edge of the system.
(8) 
Solar panels affixed to a flat roof shall be placed below the line of sight from a public right-of-way, except where the subject right-of-way is at a higher elevation than the first-floor elevation of the building.
B. 
Building-integrated photovoltaic (BIPV) systems. BIPV systems are permitted in all zoning districts and shall be shown on the plans submitted for the building permit application for the building containing the system.
C. 
Freestanding and ground-mounted solar collectors are permitted as accessory structures in all zoning districts of the City of Fulton, subject to the following requirements:
(1) 
Building permits are required for the installation of all ground-mounted solar collectors.
(2) 
The location of the solar collector shall meet all applicable setback requirements for accessory structures in the zoning district in which it is located.
(3) 
The height of the solar collector and any mounts shall not exceed 12 feet when oriented at maximum tilt.
(4) 
The total surface area of all ground-mounted and freestanding solar collectors on the lot shall not exceed 1,000 square feet. The area beneath ground-mounted and freestanding solar collectors shall be included in calculating total surface area.
(5) 
The solar collector shall be located in a side or rear yard.
(6) 
Freestanding and ground-mounted solar collectors shall be screened when possible and practicable from adjoining lots and street rights-of-way through the use of architectural features, earth berms, landscaping, fencing or other screening which will harmonize with the character of the property and surrounding area. The proposed screening shall not interfere with normal operation of the solar collector.
(7) 
Freestanding and ground-mounted solar collectors on corner lots shall be restricted to areas that are not highly visible from the street.
(8) 
The solar collectors shall not emit unreasonable glare and negatively impact adjacent properties.
(9) 
Solar energy equipment shall be located in a manner to reasonably minimize view blockage for surrounding properties and shading of property to the north, while still providing adequate solar access for the collector.
(10) 
Solar collectors and solar energy equipment shall not be placed in such a way as to obstruct proper sight distance or otherwise interfere with pedestrian or traffic flow or means of ingress or egress.
D. 
If a solar collector ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount, and associated equipment and facilities by no later than 90 days after the end of the twelve-month period.
A. 
All solar collector installations must be performed by a qualified solar installer, and prior to operation, the electrical connections must be inspected by the Building Inspector and by an appropriate electrical inspection person or agency, as determined by the City of Fulton.
B. 
Solar systems shall be maintained in good working condition.
C. 
Rooftop and building-mounted solar collectors shall meet New York's Uniform Fire Prevention and Building Code standards.
D. 
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 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 City and other applicable laws and regulations.
E. 
Marking of equipment.
(1) 
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. All solar energy systems shall comply with all applicable federal, state, and City of Fulton laws, regulations and building, plumbing, electrical and fire codes. In addition, all solar energy systems shall be labeled with a permanent, weather-resistant four-inch by six-inch red sign with white lettering next to the electric meter stating, "Solar on Site". The Code Enforcement Officer shall notify the Fire Departments of all solar energy systems.
(2) 
For commercial application, the marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the lever is located.
(3) 
In the event any of the standards in this Subsection E for markings are more stringent than applicable provisions of the New York State Uniform Fire Prevention and Building Code, they shall be deemed to be guidelines only, and the standards of the state code shall apply.
A. 
If a person is found to be in violation of the provisions of this article, appeals should be made in accordance with the established procedures and time limits of the City Zoning Code and New York State law.
B. 
If a building permit for a solar energy device is denied based upon a failure to meet the requirements of this article, the applicant may seek relief from the Zoning Board of Appeals in accordance with the established procedures and time limits of the Zoning Code and New York State law.
A. 
For any solar installation project(s) proposed or sponsored by the City of Fulton for which a contract has been awarded by the City of Fulton prior to the adoption of this article, such solar installation project(s) shall be exempt from the requirements of this article.
B. 
Any solar installation project proposed or sponsored by the City of Fulton after the adoption of this article may be exempt from the provisions of this article at the sole discretion of the City Council.