[Amended 5-12-1986 by L.L. No. 1-1986; 4-13-1987]
The following regulations are applicable to all or several districts
as specified and are supplemented by or superseded where in conflict
with the provisions applicable to each individual district.
A.
Authorized uses.
[Amended 6-9-2014 by L.L. No. 3-2014]
(1)
The uses of land and/or buildings shall be permitted in the various
districts as specified by the provisions of this chapter, but any
use which produces, beyond the confines of its own premises, an unusual
noise intensity, dust, noxious or toxic fumes, smoke, danger from
fire or explosion, vibration, public health hazard, danger from dissemination
of radioactive materials or damage resulting from pollution or reduction
in the supply of surface or ground waters shall be excluded from all
districts.
(2)
More than one principal use and/or structure located on a single
lot is hereby prohibited, except where located in the Commercial (Com-1A),
Industrial (Ind-75), and Park Industrial/Commercial (PIC-75) Districts.
Multiple single-family residences located on a single lot shall be
prohibited in all zones.
(3)
Accessory uses and/or structures shall be prohibited without a principal
use and/or structure on the premises.
B.
Appurtenances in front and side yards. The following features may
extend into the minimum front and side yards to the distances specified:
(1)
Cornices, canopies, eaves and similar features: 30 inches.
(2)
Open fire escapes: six feet.
(3)
Terraces or uncovered porches with a floor level no higher than that
of the entrance to the building: six feet in side yards and 20 feet
in the front yard, limited at the ends by the minimum side yard requirements.
A protective railing with a maximum height of three feet may be placed
around the terrace or porch.
C.
Height. The maximum height of buildings in residential and commercial
districts and of residential buildings or portions of buildings used
for residential purposes in other districts shall be 35 feet. The
maximum height of all other buildings shall be 50 feet. Chimneys,
flagpoles, radio and television antennas, cupolas, church spires,
siren towers, poles and masts to support public utility lines, cornices,
monuments, water tanks, silos, elevator penthouses and the necessary
structures to house machinery for vertical industrial operations are
released from the height limitations of this subsection.
(1)
The minimum distance between the principal building and any accessory
building and between individual accessory buildings shall be 10 feet
or the height of the lower building, whichever is greater.
(2)
The minimum distance between any accessory building and any adjoining
property line shall be 10 feet.
D.
Signs. Signs may be erected and maintained only when in compliance
with the provisions of this article and any and all other ordinances
and regulations relating to the erection, alteration or maintenance
of signs and similar devices. Use permits shall be obtained from the
Code Enforcement Officer except where the sign is part of an original
site plan review that is subject to approval by the Planning Board.
In that instance, the permit shall be obtained from the Planning Board
as part of the site plan review.
[Amended 12-28-1987 by L.L. No. 5-1987; 9-10-1990 by L.L. No. 4-1990]
(1)
All signs must be constructed of durable materials and shall be maintained
in good condition and repair at all times.
(2)
In any district, a sign not exceeding two square feet in surface
area is permitted which announces the name, address or professional
or home occupation of the occupant of the premises on which said sign
is located.
(3)
A bulletin board not exceeding 24 square feet is permitted in connection
with any church, school or similar public structure. Said bulletin
board shall use exterior lighting only.
(4)
A temporary real estate or construction sign, not exceeding 24 square
feet, is permitted on the property being sold, leased or developed.
Such sign shall be removed promptly when it has fulfilled its function.
(5)
A business sign shall be permitted in connection with any legal business
or industry located on the same premises and meeting the following
requirements:
(a)
Three signs are permitted with any legally established business,
including those that are standing or attached to the building.[1]
[1]
Editor's Note: Former Subsection D(5)(b), regarding the text
on business signs, which immediately followed this subsection, was
repealed 3-13-2000 by L.L. No. 4-2000.
(b)
Signs on a building shall not extend above the roof or parapet
of the building. The height of a freestanding sign shall not exceed
35 feet.
[Amended 10-13-1992 by L.L. No. 4-1992; 3-21-2005 by L.L. No. 1-2005]
(c)
Illuminated signs shall be shielded in such a way as to produce
no glare, undue distraction, confusion or hazard to the surrounding
area or to vehicular traffic. Illumination shall be properly focused
upon or from within the sign itself.
(d)
Signs which are animated, flashing or with intermittent illumination
are prohibited.
(e)
Signs shall not project over public right-of-way or property
lines.
(f)
Maximum square footage of any sign shall be 120 square feet
or a total of 300 square feet for the three signs.
[Amended 10-13-1992 by L.L. No. 4-1992; 3-21-2005 by L.L. No. 1-2005]
(g)
No portable signs, signs on rocks, trees and other parts of
the natural landscape, or signs attached to the rooftop of vehicles
parked on a public street shall be allowed.
(h)
No projecting sign shall be erected or maintained from the front
or face of a building a distance of more than 12 inches.[2]
[2]
Editor's Note: Former Subsection D(5)(j), added 10-13-1992
by L.L. No. 4-1992, regarding height of signs in a PC-1A District,
which immediately followed this subsection, was repealed 3-21-2005
by L.L. No. 1-2005.
(6)
Signs and billboards in a commercial zone having a depth less than
400 feet, which contain more than two square feet of surface area,
shall be set back a minimum of 10 feet from the right-of-way. Signs
and billboards in a commercial zone having a depth of 400 feet or
more, which contain more than two square feet of surface area, shall
be set back a minimum of 25 feet from the right-of-way. All other
signs shall be set back from the right-of-way a minimum of five feet.
E.
Parking areas.
(1)
Off-street parking space shall be required for all buildings constructed, altered, extended and engaged in use after the effective date of this chapter. A minimum of 162 square feet shall be provided for each stall, with a minimum nine-foot width and eighteen-foot depth. Said area shall be clearly delineated on the ground using appropriate pavement demarcation. The Planning Board shall have the ability reduce the required number of paved parking spaces, provided that there is an area suitable to meet the parking requirements of this section reserved for future use as may be deemed necessary by the Planning Board. Access drives shall be a minimum of 20 feet clear in width. The overall dimension of both stalls and drive shall be a minimum of 40 feet for parking along one side and 60 feet for parking along both sides of the drive. In addition, space necessary for maneuvering, safe pedestrian walkways and drives shall be provided. Parking requirements are specified in § 280-19E(3).
[Amended 10-13-1992 by L.L. No. 4-1992; 6-9-2014 by L.L. No.
3-2014]
(2)
For uses not specified in § 280-19E(3), the Planning Board may establish parking requirements consistent with those specified in § 280-19E(3).
(a)
For any building having more than one use, parking space shall
be required as provided for each use.
(b)
Floor areas for the purposes of computing parking requirements
shall be the sum of the horizontal area within exterior walls of the
several floors of a building, excluding basement, cellar and attic
areas used primarily for storage or service.
(c)
Any parking lot or parking area that will contain more than
100 cars shall be effectively configured using stripping and islands
so as to ensure safety of vehicles moving within the entire parking
area and to control speed.
[Amended 10-13-1992 by L.L. No. 4-1992]
(d)
Access points (ingress and egress) from parking areas for industrial
and commercial uses shall have a physical barrier separating the ingress
and egress area of the access points. A maximum of two lanes, a minimum
width of 12 feet wide per lane, shall be permitted for each. Access
points shall be separated from adjoining access points by at least
50 feet.
(e)
All nonresidential parking shall be adequately lighted.
(3)
Off-street parking schedule:
Use
|
Minimum Spaces Required
| |
---|---|---|
Dwelling
|
2 for each dwelling unit
| |
Rooming house, motel
|
1 for each guest room
| |
Church or temple
|
1 for each 4 seating spaces in the main assembly room
| |
School
|
3 for each classroom
| |
Theater or other place of assembly
|
1 for each 4 seating spaces
| |
Retail store or bank
|
1 for each 200 square feet of gross floor area
| |
Eating and drinking establishments
|
1 for every 3 seats
| |
Wholesale, storage, freight terminal or utility use
|
1 for each 1,000 square feet of gross floor area
| |
Industrial use or manufacturing use
|
1 for each 1.5 employees on the maximum working shift, plus
1 for company vehicle
| |
Home occupation and professional offices
|
1 for each 100 square feet of feet of floor area devoted to
such use
| |
Commercial or shopping center
|
5.5 per 1,000 square feet of gross leasable floor space
| |
Commercial or shopping center in a PC-1A Zone
[Added 10-13-1992 by L.L. No. 4-1992] |
4.5 per 1,000 square feet of gross leasable floor area
| |
Eating and drinking establishments in a PC-1A District
[Added 10-13-1992 by L.L. No. 4-1992] |
1 for every 5 seats
|
F.
Off-street loading space.
(1)
At least one off-street loading space shall be provided for each
commercial or industrial establishment hereafter erected or substantially
altered to have a gross floor area in excess of 5,000 square feet,
computed as described below. Space for off-street loading shall be
in addition to space for off-street parking.
(2)
Each off-street loading space shall be subject to the following minimum
requirements:
(a)
Each berth shall be not less than 12 feet wide, 40 feet long
and 14 feet in height when covered.
(b)
Off-street loading space (or spaces) located within 50 feet
of a residential property shall be shielded by wall, fencing or other
suitable material which shall serve to screen noise and limit uncontrolled
entrance. Do not inhibit sight distance.
G.
Uses subject to special requirements. The following uses shall be
subject to special requirements hereby established.
(1)
Commercial extraction and processing of natural products. Extraction
and processing of natural products may be permitted in planned development
districts, subject to the following conditions:
(a)
The final slope of material in the excavation or pit shall not
exceed the normal angle of repose of the material.
(b)
There shall be adequate lateral support at all times for the
soil of adjoining lots.
(c)
The natural water supply of adjoining lots shall be unimpaired.
(d)
The final contours shall be such as to prevent the accumulation
of stagnant water.
(e)
Within one year after the termination of operations, all area
except that covered by buildings or intended to be covered by buildings
for which valid construction permits have been issued, or covered
by a permanent body of fresh water, or included in the sites for existing
or planned roads, shall be covered with topsoil to the depth of three
inches or to the original depth, whichever is less, and shall be seeded.
Whenever a construction permit becomes invalid or if a planned road
does not become an existing road within three years after the termination
of operations, any area from which natural products have been extracted
or been involved in extraction operations shall be covered with topsoil
to the depth of three inches or the original depth, whichever is less,
and shall be seeded. A performance bond or other evidence of good
faith shall be given the Town at the time of the issuance of the use
permit to guarantee fulfillment of the conditions under which the
permit is issued.
(f)
Adequate measures shall be taken to ensure public safety at
the site.
(2)
Gasoline retail sales. The use of land and structures for gasoline
retail sales shall be subject to the following conditions:
(a)
The minimum road frontage shall be 150 feet, except on corner
lots, where it shall be 150 feet along the shorter side.
(b)
Pump islands shall be so placed as to provide easy access from
and to the public highway without producing interference with the
flow of traffic.
(c)
Service shelters or booths may be placed adjacent to pump islands.
If only one lane is to be used, the service shelter shall be placed
on the side of the lane away from the public highway.
(d)
Any building containing stalls in which minor repair and servicing may be performed shall be located in back of the minimum setback line prescribed in § 280-23 of this chapter.
(e)
All major repair work shall be performed indoors.
(f)
All liquid fuel shall be stored in underground tanks located
at least 35 feet distant from the public right-of-way and the lot
lines.
(3)
Manure heaps. Manure heaps shall be a minimum of 100 feet distant
from adjacent lot lines.
(4)
Outdoor storage of equipment and vehicles. In districts where such
storage is permitted, it shall be limited to the area behind the minimum
setback line and shall be screened from view from residential and
commercial districts and from public roads, except when such storage
is part of customary farming operations.
(5)
Public garages. All repair work and all storage of vehicles shall
be performed indoors or within a screened enclosure situated behind
the setback line.
(6)
Public utility unit substations. Public utility unit substations
shall be screened and constructed in such a manner as to preserve
and protect the character of the district where located.[3]
(8)
Mobile home parks. Mobile homes in a mobile home park shall be situated
40 feet distant from the side park lot line, with setback lines the
same as for residences.
[Amended 9-25-1989 by L.L. No. 2-1989][5]
[5]
Editor's Note: Original Subsection G(11), pertaining to unregistered,
old or secondhand motor vehicles, as amended, which immediately followed
this subsection, was repealed 9-22-2008 by L.L. No. 5-2008.
(9)
Storage and display of merchandise. All merchandise on display for
sale or rent shall be set back a minimum of 10 feet from the right-of-way.
This standard shall not apply to the seasonal sale of agricultural
products or to occasional sales, including but not limited to garage
sales or lawn sales, lasting no more than three days in any thirty-day
period.
[Added 9-12-1988 by L.L. No. 6-1988]
H.
Landfills. Notwithstanding anything to the contrary stated within
this Code, a sanitary landfill (nonhazardous) may be constructed anywhere
within the Town of Kingsbury upon application to and approval of the
Town Board, subject to site plan review by the Planning Board, and
provided that all state and federal laws, rules and regulations must
be met as a condition of approval.
[Added 9-14-2015 by L.L.
No. 1-2015; amended 10-15-2018 by L.L. No. 2-2018; 3-7-2022 by L.L. No. 1-2022]
A.
Purpose and intent.
(1)
The purpose of this section is 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 collection
systems without excess regulation. The intent is to allow building-integrated
photovoltaic (BIPV) systems, flush-mounted solar systems, roof-mounted
and building-mounted and pole-mounted solar installations that have
a minimum footprint (height) to be approved using the building permit
process while requiring freestanding, ground-mounted or pole-mounted
solar energy system installations over a certain height and based
upon certain placement, to go through the site plan review process
before the Planning Board. This section is not intended to override
agricultural exemptions that are currently in place for farmers.
(2)
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 when excess solar power is generated.
(3)
The use of solar energy equipment for the purpose of providing
electricity and for heating and/or cooling is a national priority
and is a necessary component of the Town of Kingsbury's current
and long-term sustainability agenda.
B.
ALTERNATIVE ENERGY SYSTEM
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEM
COLLECTIVE SOLAR
FLUSH-MOUNTED SOLAR PANEL
FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM
NET METERING
PERMIT GRANTING AUTHORITY
PHOTOVOLTAIC (PV) SYSTEM
QUALIFIED SOLAR INSTALLER
ROOFTOP OR BUILDING-MOUNTED SOLAR SYSTEM
SOLAR ACCESS
SOLAR COLLECTOR
SOLAR EASEMENT
SOLAR ENERGY EQUIPMENT/SYSTEM
SOLAR PANEL
SOLAR STORAGE BATTERY
SOLAR THERMAL SYSTEM
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Structure, equipment devices or construction techniques for
the production of heat, light, cooling, electricity or other forms
of energy on site and may be attached to or separate from the principal
source.
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 relief of the roof.
Solar installation owned collectively through subdivision
homeowners' association, college student groups, "adopt-a-solar
panel," or other similar arrangements.
Photovoltaic panels and tiles that are installed flush to
the surface of the roof or wall and which cannot be angled or raised.
A solar energy system that is directly installed on the ground
and is not attached or affixed to an existing structure.
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.
In order to qualify as net metered, the energy usage being offset
shall occur on the same lot as the solar energy system.
The Town of Kingsbury authority charged with granting permits
for the installation of alternative energy systems.
A solar energy system that produces electricity by the use
of semiconductor devices, called photovoltaic cells, that generate
electricity when 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 or NABCEP's list of certified installers
may still be deemed qualified solar installers if the Town of Kingsbury
determines such persons to 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 the
exposed parts.
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 modules
fixed to frames which can be tilted toward the south at an optimal
angle.
Space open to the sun and clear of overhangs or shade, including
the orientation of the 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 any solar hot
air or solar energy collector which relies upon solar radiation as
an energy source for the generation of electricity or transfer of
stored energy to heat, air or water.
An easement recorded pursuant to the 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 and
converted into another form of energy and is stored, protected from
unnecessary dissipation and distributed. Solar systems include solar
thermal, photovoltaic and concentrated solar.
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 and other liquid
using sunlight. The heated liquid is used for such purposes as space
heating and cooling, domestic hot water, and heating pool water.
C.
Applicability.
(1)
The requirements of this section shall apply to all solar collector
system installations modified or installed after the effective date
of this section.
(3)
All applications for the installation of solar collector systems
shall be designed by a licensed engineer and contain site-specific
building plans which bear the seal and signature of a licensed engineer
and satisfy the permitting requirements contained in this chapter.
(4)
All solar collector 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 Town of Kingsbury
Building Code.
(5)
All solar panels shall have antireflective coating(s) and shall
not emit glare nor reflect light off-site.
D.
Permitting.
(1)
To the extent practicable, and in accordance with the Code of
the Town of Kingsbury, the accommodation of solar access to sunlight
for such equipment and the protection of access to sunlight for such
equipment shall be encouraged in the application of the various review
and approval provisions of the Town of Kingsbury.
(2)
Rooftop and building-mounted solar collectors. Net metered rooftop
and building-mounted solar collectors are permitted in all zoning
districts in the Town of Kingsbury subject to the following conditions:
(a)
Building permits shall be required for installation of all rooftop
and building-mounted solar collectors.
(b)
Height limitations contained in this chapter shall apply.
(c)
Rooftop units must have a one-foot setback on all four sides.
(d)
Roof structures must be properly engineered to support collectors.
(e)
Rooftop units must be installed according to manufacturer's
specifications.
(3)
Building-integrated photovoltaic (BIPV) systems. BIPV systems
are permitted outright in all zoning districts.
(4)
Ground-mounted racks and freestanding solar collectors. Net
metered ground-mounted and freestanding solar collectors mounted on
a pole are permitted as accessory structures in all zoning districts
of the Town of Kingsbury, subject to the following conditions:
(a)
Building permits are required for all ground-mounted and freestanding
solar collectors connected to a structure that is regulated by the
State Uniform Building Code.
(b)
The location of the solar collectors must meet all applicable
minimum yard size requirements for principal structures in the applicable
zoning district.
(c)
The unit should be installed in a side or rear yard; where installed
in the front yard, a 100 foot setback shall apply for all zoning districts.
(d)
Units shall not exceed 15 feet in total height from the existing
grade.
(e)
The Town encourages installations that will employ and maintain
landscape screening and other methods of enhancing the appeal of the
ground-mounted and freestanding solar collector such as the use of
architectural features, earth berms, or other screening which will
harmonize with the character of the property and surrounding area.
(f)
Small experimental solar panels for charging batteries (less
than one kilowatt) would not require any permits.
(g)
Solar collectors shall be located in a manner that reasonably
minimizes shading of property to the north while still providing adequate
solar access for collectors.
(h)
There is a permitted primary structure and use located on the
premises.
(5)
Ground-mounted racks and freestanding solar collectors. Ground-mounted
and freestanding solar collectors mounted on a pole are permitted
as a primary or accessory structure in only the IND-75 Industrial
Zoning District. Notwithstanding the foregoing, ground-mounted and
freestanding solar collectors mounted on a pole will be permitted
on brownfield sites and regulated wetlands in all zones, whereby the
owner is otherwise restricted from otherwise permitted uses on a parcel
due to zoning restrictions, or the lot area being comprised of not
less than 50% wetlands, subject to obtaining the proper permits from
applicable regulatory agencies to permit the construction of panels
on sites. Ground-mounted and freestanding solar collectors mounted
on a pole, where permitted in the Town of Kingsbury, shall be subject
to the following conditions:
(a)
Building permits are required for all ground-mounted and freestanding
solar collectors going to a structure that requires a building permit
connected to a structure that is regulated by the State Uniform Building
Code.
(b)
The location of the solar collectors must adhere to the following
setbacks:
[1]
No clearing or ground disturbances shall occur
within 25 feet of the property line for the duration of the use. This
restriction shall be stated on the site plan.
[2]
Solar collectors shall be set back not less than
100 feet from the property line.
[3]
A minimum of a 500-foot setback shall be provided
between any existing off-site nonparticipating residential structures
and solar collectors where a minimum of half the area inside the property
line on the site shall constitute a buffer area and no clearing or
ground disturbances shall be permitted.
(c)
The solar energy system shall be a secure facility to prevent
all access. The fire company shall be provided a key for emergency
access.
(d)
Units shall not exceed 15 feet in total height from the existing
grade.
(e)
The applicant shall provide and maintain landscaping, or other
methods, to screen the solar energy system. Screening may include
the use of architectural features, earth berms, vegetative plantings,
or other methods which will harmonize with the character of the property
and surrounding area.
(f)
Grass and weeds must not exceed a height greater than 10 inches
on the property at any time.
(g)
Solar collectors shall be located in a manner that reasonably
minimizes shading of property to the north while still providing adequate
solar access for collectors.
(h)
A weatherproof sign clearly marked at the entry point with the
company name, contact address and emergency contact phone number that
is visible from the highway is required.
(i)
No solar panels may be stored on site, including decommissioned
or broken solar panels. Decommissioned or broken panels shall be immediately
removed from the site and disposed of off site in accordance with
applicable state and federal law.
(j)
Applicants must have a coordinated electric system interconnection
review (CESIR) study before the Planning Board will review a site
plan or set a public hearing on a potential project.
(k)
All approvals will require an interconnection agreement with
the power company to be submitted prior to any ground disturbance
occurring on site. Failure to submit a copy of the fully signed interconnect
agreement within one year of the site plan approval shall render the
site plan approval void.
(l)
All solar collectors must be completely secured in by a six-foot
or higher privacy fence with fencing and screening being kept and
maintained for the duration of the use.
(n)
A decommissioning plan. To ensure the proper removal of solar
energy systems, a decommissioning plan shall be submitted as part
of the application. Compliance with this plan shall be made a condition
of the issuance of a permit under this section. The decommissioning
plan must specify that after the solar energy system can no longer
be used, it shall be removed by the applicant or any subsequent owner.
The decommissioning plan shall demonstrate how the removal of all
infrastructure and the remediation of soil and vegetation shall be
conducted to return the parcel to its original state prior to construction.
The plan shall also include an expected time line for execution. A
cost estimate detailing the projected cost of executing the decommissioning
plan shall be prepared by a professional engineer or contractor. Cost
estimations shall take into account inflation. Cost estimates shall
be based on prevailing wages for all work to be performed and shall
not include any offset for salvage or resale value of equipment and
materials. Removal of solar energy systems must be completed in accordance
with the decommissioning plan.
(o)
Financial surety. In addition to the decommissioning plan, the
applicant shall also provide an estimate, prepared by a qualified
engineer, setting forth the costs associated with decommissioning
the solar energy collectors. The Planning Board shall also establish
the amount of such surety to be established by the applicant prior
to any ground disturbance. The surety shall be in the form of escrow
funds held by the Town of Kingsbury and remains in place for the life
of the solar energy system and available to the Town to ensure the
solar energy system is decommissioned in accordance with the approved
decommissioning plan. It is the intention of this provision to ensure
that the Town has sufficient funds available to remove the installations,
including all mounting hardware, and restore landscaping consistent
with this chapter, in the event the applicant fails to comply with
its decommissioning obligations. The decommissioning plan and financial
surety will be reviewed every three years by a qualified engineer
to ensure there are sufficient funds for the applicant to comply with
its decommissioning obligations. Failure to update the decommissioning
plan and financial surety shall be a term of default under the escrow
agreement with the Town of Kingsbury.
(6)
Solar thermal systems. Solar thermal systems are permitted in
all zoning districts subject to the following conditions:
(a)
Building permits are required for the installation of all solar
thermal systems.
(7)
Solar energy systems and equipment shall be issued building
permits only if the Town of Kingsbury Code Enforcement Officer determines
that the proposed solar energy system does not present any unreasonable
safety risks, including, but not limited to, the following:
E.
Safety.
(1)
All solar collector installations must be performed by a qualified
solar installer.
(2)
Prior to operation, electrical connections must be inspected
by the Code Enforcement Officer/Building Inspector and by an electrical
inspection person or agency in conformance with the State Building
Code.
(3)
Any connection to the public utility grid must be inspected
by the appropriate public utility.
(4)
Solar energy systems shall be maintained in good working order
and shall be removed if not in use for more than 12 months by removal
of such system and mounting hardware within 90 days after the 12th
month.
(5)
Rooftop and building-mounted solar collectors shall be designed
to be and installed to be in conformance with the New York Uniform
Fire Prevention and Building Code standards that are applicable when
the building permit is issued.
(6)
If solar 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.
When they are no longer in use, they shall be disposed of in accordance
with the laws of New York, and Code and local laws of the Town of
Kingsbury and any other applicable laws or regulations.
F.
Appeals.
(1)
Any person aggrieved over any order, requirement, decision or determination by an administrative agency pursuant to the provisions of this section may present an appeal for redress to the Board of Appeals in accordance with the provisions of § 267, Subdivision 2, of the Town Law and this Chapter 280.