[Adopted 9-6-2016 by L.L.
No. 2-2016[1]]
[1]
Editor's Note: This local law also provided as follows: "Please
take notice to the extent that this local law may conflict with applicable
portions of the Town Law of the State of New York, it is the stated
intention of the Town to exercise its authority to supersede and amend,
as granted under the Municipal Home Rule Law of the State of New York,
Section 10. The Town hereby provides notice that it is exercising
its authority to supersede and amend pursuant to Municipal Home Rule
Law of the State of New York Section 22."
It is recognized that there are some uses which, because of
their very nature, are recognized as having potentially beneficial
characteristics having the potential to benefit both local citizenry
and society at large; that although there are significant potential
benefits, there are aspects of such a use that make minimal review
and regulation necessary in order to benefit the health, welfare,
enjoyment and well-being of the citizens of the Town of Deerpark and
those who live within the Town; and that the modest review and regulation
of such activities is necessary to ensure that these uses will not
contribute to the blighting or downgrading of neighborhoods. It is
further recognized that, because the Town of Deerpark is a small residential
town, the proliferation of such uses could dangerously affect the
welfare of the entire community, and regulation is required in order
to prevent such endangering. Residential solar uses and the operational
characteristics of such uses are this kind of use.
A.
The increase in state and federal support for non-petroleum-based,
renewable energy source uses, including the desirability of residential
solar energy generating facilities being proposed to be located within
the County of Orange, provide a possibility for a significant increase
of having a potential number of individuals, companies and/or property
owners seeking to create, establish and/or operate residential solar
use facilities.
B.
The Town of Deerpark Town Board has determined that it is appropriate
to monitor the installation of residential solar use facilities while
still enabling said use without substantial regulation and cost to
local property owners. Based upon studies and evaluations examining
regulation of residential uses throughout the State of New York, the
Town Board of the Town of Deerpark has determined that an appropriate
methodology to monitor small-scale (less than 23kW), roof-mounted,
residential solar energy uses without significant cost to, or interference
with, property owners is to utilize an adaptation of the New York
State unified solar permit in addition to or as an alternative to
the existing Town Law in order to accomplish the stated purposes of
the Town Board.
C.
SEQR requirements.
A.
Effective immediately, the Town of Deerpark, County of Orange, State
of New York, adopts the New York State unified solar permit for small-scale
(less than 23kW), roof-mounted, residential solar generating facilities,
as amended by the Town of Deerpark. Effective upon the date of adoption
of this article, the Building Department of the Town of Deerpark,
County of Orange, State of New York, is hereby empowered to accept
the New York State unified solar permit for small-scale, roof-mounted,
residential solar generating facilities, as amended by the Town of
Deerpark, along with fees as may be established for the filing thereof,
and to issue permits upon satisfactory review and approval of same.
Similarly, the Building Department of the Town of Deerpark, County
of Orange, State of New York, is hereby empowered to issue approvals,
permits, or certificates of occupancy for the opening, siting, maintenance
and operation of such a residential solar use. This article shall
be binding on the Building Inspector, Planning Board, Zoning Board
of Appeals, and every applicant or property owner in the Town.
A violation of this article shall constitute a violation under
the Penal Law. Any person convicted of violating this article shall
be guilty of a violation and subject to a fine not exceeding $1,000
or 15 days in jail, or both. Each day a violation continues shall
be considered a separate violation.
A.
Town Law § 274-a is hereby amended and superseded in its
application to the Town of Deerpark by providing authority to the
Building Department to review and approve applications with respect
to residential solar uses.
B.
Town Law § 274-b is hereby amended and superseded in its
application to the Town of Deerpark by restricting the authority of
the Planning Board to review or grant applications with respect to
residential solar uses.
C.
Town Law § 274-c is hereby amended and superseded in its
application to the Town of Deerpark by restricting the authority of
the Zoning Board of Appeals to review or grant applications with respect
to commercial solar uses.
