[Adopted by the Town Board of the Town of North Castle 7-13-2016 by L.L. No. 5-2016. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 355.
A.
The purpose of this chapter is to balance the potential impact of
solar system installations while preserving the ability of property
owners to install solar collection systems without excess regulation.
The law aims to promote the accommodation of solar energy systems
and equipment and the provision for adequate sunlight and convenience
of access necessary therefor.
B.
Solar energy is a renewable and nonpolluting energy resource that
can prevent fossil fuel emissions and reduce the energy load within
the Town of North Castle. Energy generated from solar energy systems
can be used to offset energy demand on the grid where excess solar
power is generated.
C.
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's current and long-term sustainability
agenda.
As used in this chapter, the following terms shall have the
meanings indicated:
A structure, the use of which is customarily incidental and
subordinate to that of the principal building and which is not attached
thereto, and which is located on the same lot or premises as the principal
building.
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, "adopt-a-solar-panel" programs, or other similar
arrangements.
Photovoltaic panels and tiles that are 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.
Solar photovoltaic systems that produce 10 or more kilowatts
(kW) per hour of energy or solar-thermal systems which serve the building
to which they are attached.
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.
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 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 as a flush-mounted system.
A photovoltaic system that produces up to, but less than,
10 kilowatts (kW) per hour of energy and does not provide energy for
any other buildings.
Space open to the sun and clear of overhangs or shade, including,
but not limited to, 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.
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.
A device for the direct conversion of solar energy into electricity.
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 chapter shall apply to all small- and large-scale
solar energy systems (including, but not limited to, residential,
commercial, multifamily and condominium) modified or installed after
the effective date of this chapter.
B.
All solar energy systems shall be designed, erected, installed, operated
and maintained in accordance with all applicable codes, regulations
and standards.
C.
Solar energy collectors shall be permitted only to provide power
for the owners, lessees, tenants, residents, or other occupants of
the premises on which they are installed (whether by the lessees,
tenants, residents, owners, or other occupants of the structure),
but nothing contained in this provision shall be construed to prohibit
collective solar installation 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- or large-scale solar energy system or device shall be installed
or operated in the Town of North Castle except in compliance with
this chapter.
B.
To the maximum extent practicable, the accommodation of solar energy
systems and 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 Code.
C.
Small- and large-scale rooftop solar collectors shall be permitted
in all zoning districts.
D.
Building-integrated photovoltaic systems shall be permitted in all
zoning districts.
E.
Building permits shall be required for installation of all solar
collectors.
F.
Height limitations of the Town shall be applicable to solar collectors
and all ancillary equipment.
G.
Placement of solar collectors on flat roofs shall be permitted in
nonhistoric districts, provided that panels do not extend horizontally
past the roofline.
H.
Small- and large-scale ground-mounted and freestanding solar collectors
shall not be permitted in residential zoning districts of the Town.
I.
Small-scale ground-mounted and freestanding solar collectors shall
be permitted in all nonresidential zoning districts of the Town via
Planning Board site plan approval.
J.
Large-scale ground-mounted and freestanding solar collectors shall
be permitted in all nonresidential zoning districts of the Town via
Town Board special use permit and Planning Board site plan approval.
K.
Where permitted, all small- and large-scale ground-mounted and freestanding
solar collectors shall be subject to the following conditions:
(1)
Building permits are required for the installation of all ground-mounted
solar collectors.
(2)
The location of the solar collector meets all applicable setback
requirements for principal structures in the zoning district in which
it is located.
(3)
The height of the solar collector and any mounts shall not exceed
eight feet when oriented at maximum tilt. However, additional height
may be permitted via Town Board special permit when the solar installation
shall be used to provide a roof structure for parked vehicles.
(4)
Solar energy equipment shall be located in a manner to minimize view
blockage for surrounding properties and shading of property to the
north, while still providing adequate solar access for collectors.
(5)
Freestanding solar energy collectors shall be adequately screened
through the use of architectural features, earth berms, landscaping,
or other screening that will harmonize with the character of the property
and surrounding area.
L.
Solar-thermal systems. Solar-thermal systems are permitted in all
zoning districts, subject to securing Planning Board site plan approval
and building permits for the installation of all solar-thermal systems.
N.
Installations in designated historic districts shall require a certificate
of appropriateness from the Town's Landmark Preservation Committee.
A.
All solar collector installations must be performed by a qualified
solar installer.
B.
Prior to operation, electrical connections must be inspected and
approved by a Town Building Inspector 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 and approved
by the appropriate public utility prior to operation.
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 all other applicable laws and regulations.
G.
Removal of solar installation; hearing.
(1)
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.
(2)
Upon the failure of an owner, tenant or occupant responsible for
the solar installation to comply with a notice to remove the installation,
the Town Board may hold a public hearing. The public hearing shall
be held upon notice posted conspicuously on the affected property
and forwarded to the last known address of the property owner, as
it appears on the current tax records of the Town, by certified mail,
return receipt requested. Posting and service of such notice shall
not be less than 10 days prior to the date of such hearing.
(3)
The Town Board, after a public hearing, may order the removal of
the nonperforming solar installation. Upon the failure of the owner,
tenant or occupant, as applicable, to comply with any such order of
the Town Board within 30 days, such removal shall be performed by
a private contractor hired by the Town. The Town Board shall ascertain
the cost of the proceeding and the costs of removal, and such costs
shall be charged and assessed against the owner of the property. The
expense so assessed shall constitute a lien and charge on the real
property on which it is levied until paid or otherwise satisfied or
discharged and shall be collected in the same manner and at the same
time as other Town charges.
(4)
The removal of the solar installation by the Town of North Castle
or its agents shall not operate to excuse such owner, tenant or occupant
from properly maintaining any premises as required by this chapter,
and such owner, tenant or occupant shall, notwithstanding such action,
be subject to any other penalties provided for herein.
H.
Large-scale solar installations shall provide a plan for the operation
and maintenance of the large-scale solar installation, including,
but not limited to, measures for maintaining safe access to the installation,
stormwater controls, landscaping, and adequate security as well as
general procedures for operational maintenance of the installation.
I.
Large-scale solar installations shall provide a copy of the project
summary, electrical schematic, and site plan to the Fire Chief. Upon
request, the owner or operator shall cooperate with emergency service
providers in developing an emergency response plan. All means of shutting
down the solar installation shall be clearly marked. The owner or
operator shall identify a responsible person for public inquiry throughout
the life of the installation.
