[Added 3-23-2015 by L.L.
No. 2-2015]
A.
Solar energy is a renewable and nonpolluting energy resource that
can prevent fossil fuel emissions and reduce a municipality's energy
load. Energy generated from solar energy systems can be used to offset
energy demand on the grid where excess solar power is generated.
B.
The use of solar energy equipment for the purpose of providing electricity
and energy for heating and/or cooling is a priority and is a necessary
component of the Town of Newburgh's current and long-term sustainability
agenda.
C.
This article aims to promote the accommodation of solar energy systems
and equipment and the provision for adequate sunlight and convenience
of access necessary therefor, and to balance the potential impact
on neighbors when solar collectors may be installed near their property
while preserving the rights of property owners to install solar energy
systems without excess regulation. In particular, this legislation
is intended to apply to freestanding, ground-mounted or pole-mounted
solar energy system installations based upon certain placement. 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. The definitions contained in § 185-3 shall also apply.
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, electricity or other
forms of energy on site and which 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.
Solar installations owned collectively through subdivision
homeowner associations, college student groups, "adopt-a-solar-panel"
programs, or other similar arrangements.
A photovoltaic panel or tile that is installed flush to the
surface of a 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 chapter.
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.
The Town Code Compliance Department, which 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 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 purposes of this definition. Persons
who are not on NYSERDA's list of eligible installers or NABCEP's list
of certified installers may be deemed to be qualified solar installers
if the Town Code Compliance Supervisor or such other Town officer
or employee as the Town Board designates determines such persons have
had adequate training to determine the degree and extent of the hazard
and the personal protective equipment and job planning necessary to
perform the installation safely. Such training shall include the proper
use of special precautionary techniques and personal protective equipment,
as well as the skills and techniques necessary to distinguish exposed
energized parts from other parts of electrical equipment and to determine
the nominal voltage of exposed live parts.
A solar power system in which solar panels are mounted on
top of the structure of a 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
lot line of a parcel within which a freestanding or ground-mounted
solar energy system is installed.
For purposes of this chapter, the term "small-scale solar"
refers to solar photovoltaic systems that produce up to 10 kilowatts
(kW) per hour of energy or solar thermal systems which serve the building
to which they are attached, and do not provide energy for any other
buildings.
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 New York 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 chapter, a solar
energy system does not include any solar energy system of four square
feet in size or less.
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 into electricity.
A device that stores energy from the sun and makes it available
in an electrical form.
Solar thermal systems 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 article shall apply to all solar energy
system and equipment installations modified or installed after the
effective date of this article.
B.
Solar energy system installations for which a valid building permit
has been issued or, if no building permit is presently required, for
which installation has commenced before the effective date of this
article, shall not be required to meet the requirements of this article.
C.
All solar energy systems shall be designed, erected and installed
in accordance with all applicable codes, regulations and industry
standards as referenced in the State Building Code and the Town Code.
D.
Solar collectors, unless part of a solar farm or solar power plant,
shall be permitted only to provide power for use by owners, lessees,
tenants, residents, or other occupants of the premises on which they
are erected, but nothing contained in this provision shall be construed
to prohibit collective solar installations or the sale of excess power
through a net-billing or net-metering arrangement in accordance with
New York Public Service Law § 66-j or similar state or federal
statute.
A.
No small-scale solar energy system or device shall be installed or
operated in the Town except in compliance with this article.
B.
Rooftop and building-mounted solar collectors. Rooftop and building-mounted
solar collectors are permitted in all zoning districts in the Town
subject to the following conditions:
(1)
Building permits shall be required for installation of all rooftop
and building-mounted solar collectors, except a building permit shall
not be required for flush-mounted photovoltaic panels.
(2)
Rooftop and building-mounted solar collectors shall not exceed the
maximum allowed height of the principal use in any zoning district.
(3)
Firesafety and emergency access.
(a)
In order to ensure firefighter and other emergency responder
safety, except in the case of accessory buildings under 1,000 square
feet in area, there shall be a minimum perimeter area around the edge
of the roof and structurally supported pathways to provide space on
the roof for walking around all rooftop and building-mounted solar
collectors. Additionally, installations shall provide for adequate
access and spacing in order to:
(b)
Exceptions to these requirements may be requested where access,
pathway or ventilation requirements are reduced due to:
[1]
Unique site specific limitations;
[2]
Alternative access opportunities (as from adjoining roofs);
[3]
Ground-level access to the roof area in question;
[4]
Other adequate ventilation opportunities when approved by the
Code Compliance Department;
[5]
Adequate ventilation opportunities afforded by panel setback
from other rooftop equipment (for example: shading or structural constraints
may leave significant areas open for ventilation near HVAC equipment.);
[6]
Automatic ventilation device; or
[7]
New technology, methods, or other innovations that ensure adequate
emergency responder access, pathways and ventilation opportunities.
C.
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.
D.
Freestanding and ground-mounted solar collectors. Freestanding or
ground-mounted solar collectors are permitted as accessory structures
in all zoning districts of the Town except the R-3 District subject
to the following conditions:
(1)
Building permits are required for the installation of all ground-mounted
and freestanding solar collectors.
(2)
In the R-2 District, a lot must have a minimum size of 40,000 square
feet in order for a ground-mounted or freestanding solar collector
to be permitted.
(3)
The location of the ground-mounted or freestanding solar collector shall meet the greater of the setback requirements for accessory buildings set forth in § 185-15 or the following setback requirements and limitations set forth in this provision:
(e)
R-3 District.
[1]
Ground-mounted and freestanding solar collectors are not permitted
in the R-3 District in connection with any use.
(i)
Yards having a line bounding on the right of way of Interstate
87 or Interstate Route 84 shall not be considered front yards for
purposes of this section.
(4)
The height of the solar collector and any mounts shall not exceed
20 feet when oriented at maximum tilt.
(5)
Ground-mounted and freestanding 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 collectors.
(6)
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 collectors.
(7)
Solar energy equipment shall not be sited within any required buffer
area.
(8)
The total surface area of all ground-mounted and freestanding solar collectors on a lot shall not exceed 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 pursuant to Article IX of the this chapter.
(9)
The area beneath ground-mounted and freestanding solar collectors
shall be included in calculating whether the lot meets maximum permitted
lot building coverage and lot surface coverage requirements for the
applicable district, notwithstanding that the collectors are not "buildings."
E.
Solar thermal systems. Solar thermal systems are permitted in all
zoning districts subject to the following conditions:
G.
Solar collectors and related equipment shall be surfaced, designed
and sited so as not to reflect glare onto adjacent properties and
roadways.
A.
All solar collector installations must be performed by a qualified
solar installer.
B.
Prior to operation, electrical connections must be inspected by a
Town Code Enforcement Officer and by an appropriate electrical inspection
person or agency, as determined by the Town.
C.
Any connection to the public utility grid must be inspected by the
appropriate public utility.
D.
Solar energy systems shall be maintained in good working order.
E.
Rooftop and building-mounted solar collectors shall meet New York's
Uniform Fire Prevention and Building Code standards.
F.
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.
G.
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 by no later than 90
days after the end of the twelve-month period.
H.
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. 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.
(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 operated.
Solar farms and solar power plants shall be permitted in the
I District as an "electric generating" use subject to site plan review
by the Planning Board, subject to the following supplementary regulations:
A.
Solar farms and solar power plants shall be enclosed by perimeter
fencing to restrict unauthorized access at a height of 8 1/2
feet.
B.
The manufacturer's or installer's identification and appropriate
warning signage shall be posted at the site and clearly visible.
C.
Solar farm and solar power plant buildings and accessory structures
shall, to the extent reasonably possible, use materials, colors, and
textures that will blend the facility into the existing environment.
D.
Appropriate landscaping and/or screening materials may be required
to help screen the solar power plant and accessory structures from
major roads and neighboring residences.
E.
The average height of the solar panel arrays shall not exceed 12
feet.
F.
Solar farm and solar power plant panels and equipment shall be surfaced,
designed and sited so as not to reflect glare onto adjacent properties
and roadways.
G.
On-site power lines shall, to the maximum extent practicable, be
placed underground.
H.
The following requirements shall be met for decommissioning:
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 Zoning Code and New York State Town
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 Town Law.
The fees for all building permits required pursuant to this
article shall be paid at the time each building permit application
is submitted in such reasonable amount as the Town Board may by resolution
establish and amend from time to time.
A.
New structures will be sited to take advantage of solar access insofar
as practical, including the orientation of proposed buildings with
respect to sun angles, the shading and windscreen potential of existing
and proposed vegetation on and off the site, and the impact of solar
access to adjacent uses and properties.
B.
To permit maximum solar access to proposed lots and future buildings,
wherever reasonably feasible, consistent with other appropriate design
considerations and to the extent practicable, new streets shall be
located on an east-west axis to encourage building siting with the
maximum exposure of roof and wall area to the sun. The Planning Board
shall also consider the slope of the property and the nature and location
of existing vegetation as they affect solar access.
C.
The impact of street trees on the solar access of the surrounding
property shall be minimized to the greatest possible extent in selecting
and locating shade trees. Every effort shall be made to avoid shading
possible locations of solar collectors.
D.
When the Planning Board reviews and acts upon applications for subdivision
approval or site plan approval, it shall take into consideration whether
the proposed construction would block access to sunlight between the
hours of 9:00 a.m. and 3:00 p.m. Eastern Standard Time for existing
approved solar energy collectors or for solar energy collectors for
which a permit has been issued.
E.
The Planning Board may require subdivisions to be platted so as to
preserve or enhance solar access for either passive or active systems,
consistent with the other requirements of the Town Code.
F.
The plan for development of any site within cluster subdivisions
shall be designed and arranged in such a way as to promote solar access
for all dwelling units. Considerations may include the following:
(1)
In order to maximize solar access, the higher-density dwelling units
should be placed on a south-facing slope and lower-density dwelling
units sited on a north-facing slope.
(2)
Subject to the Town's setback requirements, structures should be
sited as close to the north lot line as possible to increase yard
space to the south for reduced shading of the south face of a structure.
(3)
A tall structure should be sited to the north of a short structure.
Section 185-52 of the Zoning Code applies to violations of this article.
