Editor's Note: Former Art. XXVIII, Critical Impact Uses and
Critical Impact Permits, adopted 11-8-2006 by L.L. No. 16-2006, was
repealed 9-6-2011 by L.L. No. 9-2011.
The provisions of this article apply to small-scale solar energy
systems. No small-scale solar energy system or device shall be installed
or operated in the Town except in compliance with this article.
Rooftop and building-mounted solar collectors. Rooftop and building-mounted
solar collectors that constitute small-scale solar energy systems
are permitted in all zoning districts in the Town subject to the following
conditions:
All rooftop and building-mounted solar collectors shall meet
all applicable standards set forth in the New York State Uniform Fire
Prevention and Building Code.
Building-integrated photovoltaic (BIPV) systems. BIPV systems that
constitute small-scale solar energy 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. All BIPV
systems shall meet all applicable standards set forth in the New York
State Uniform Fire Prevention and Building Code.
Freestanding or ground-mounted solar energy systems. Freestanding
or ground-mounted solar collectors that constitute small-scale solar
energy systems are permitted as accessory structures in all zoning
districts of the Town subject to the following conditions:
All ground-mounted or freestanding solar collectors shall be
set back from the property line by the greater of i) 20 feet or ii)
the otherwise applicable setback in the subject zoning district. No
ground-mounted or freestanding solar collectors shall be permitted
on any lot which is less than one acre in size.
The total surface area of all ground-mounted and freestanding solar collectors on a lot shall not exceed one half of the area of the ground covered by the building structure of the largest building on the lot measured from the exterior walls, excluding patios, decks, balconies, screened and open porches and attached garages, provided that nonresidential placements exceeding this size may be approved by the Planning Board, subject to site plan review pursuant to Article XVII of this chapter.
The area beneath ground-mounted and freestanding solar collectors
shall be included in calculating whether the lot meets maximum permitted
lot coverage requirements for the applicable district as if the ground-mounted
and freestanding solar collectors were deemed to be principal or accessory
buildings for purposes of the definition of the term "lot coverage";
and
The installation of ground-mounted and freestanding solar collectors shall be considered a land development activity for purposes of Article XXVI of this chapter.
Solar-thermal systems. Solar-thermal systems that constitute small-scale
solar energy systems are permitted in all zoning districts subject
to the following conditions:
Ground-mounted and freestanding solar-thermal systems shall be subject to the same requirements set forth in Subsection D above as for ground-mounted and freestanding solar collectors.
Solar energy systems and equipment that constitute small-scale solar
energy systems may be permitted only if they are determined not to
present any unreasonable safety risks, including, but not limited
to, related to the following:
Solar collectors and related equipment that constitute small-scale
solar energy systems shall be surfaced, designed and sited so as not
to reflect glare onto adjacent properties and roadways.
All small-scale solar energy systems shall be designed to produce
only so much energy as may be required on the lot or in the building
to be served by the system. The Building Inspector/Code Enforcement
Officer shall be authorized to require any applicant to submit proof
of the last 12 months of electricity usage for such lot or building
or, in the case where 12 months of electricity usage data cannot be
produced, proof of the projected electricity usage for such lot or
building. The Building Inspector/Code Enforcement Officer shall be
authorized to deny any application that seeks to install a solar energy
system that is designed to produce, or is capable of producing, energy
in excess of the electricity usage data or projection for such building
or lot.
Prior to operation, electrical connections must be inspected by the
Building Inspector/Code Enforcement Officer and by an appropriate
electrical inspection person or agency, as determined by the Town.
If 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 Building Code when in use and
when no longer used shall be disposed of in accordance with the laws
and regulations of the Town and other applicable laws and regulations.
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. 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. For commercial applications,
the marking shall be placed adjacent to the main service disconnect
in a location clearly visible from the location where the lever is
operated.