As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY STRUCTURE
A structure subordinate and clearly incidental to the principal
building on the same lot and used for a purpose customarily incidental
to that of the principal building.
ALTERNATIVE ENERGY SYSTEM
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
structure.
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEM
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 or the facade. Any
photovoltaic module that projects any figure or form from the flat
background of the roof or facade shall be considered to alter the
relief of the roof or facade.
COLLECTIVE SOLAR
Solar installation owned collectively through a subdivision
homeowners' association, college student groups, adopt-a-solar-panel,
or other similar arrangements.
FLUSH-MOUNTED SOLAR PANEL
Photovoltaic panels and tiles that are installed flush to
the surface of a roof or wall and which cannot be angled or raised.
This shall also include solar shingles.
FRONT YARD
A yard that extends the full width of the lot and is situated
between the adjacent highway right-of-way or shoreline and the front
line of the building or structure, projected to the side lines of
the lot. The depth of the front yard shall be measured between the
front line of the building or structure and the highway right-of-way
line or shoreline. Covered porches or canopies and decks, whether
or not enclosed, shall be considered as part of the main building
and shall not project into a required front yard.
NET METERING
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.
PERMIT-GRANTING AUTHORITY
The Town of Stillwater authority charged with granting permits
for the installation of alternative energy systems.
PHOTOVOLTAIC (PV) SYSTEM
A solar energy system that produces electricity by the use
of semiconductor devices, called "photovoltaic cells," that generate
electricity when light strikes them.
QUALIFIED SOLAR INSTALLER/REPAIRER
A person who has specialized skills and knowledge related
to the construction, installation, operation and repair of solar electrical
equipment 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/repairers for the purposes of this definition.
Persons who are not on NYSERDA's or NABCEP's list of certified
installers may still be deemed to be qualified solar installers if
the Town of Stillwater determines such persons to have had adequate
training to determine the degree and extent of the hazard and have
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.
ROOFTOP OR BUILDING-MOUNTED SOLAR SYSTEM
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 sun at an optimal angle.
SETBACK
The required minimum distance from a front lot line, side
lot line or rear lot line of a parcel where solar energy equipment
or a system is installed.
SMALL-SCALE SOLAR
Refers to photovoltaic systems of 100 square feet of surface
area or less that produce up to 10 kilowatts (kW) per hour of energy
or solar thermal systems which serve only the building to which they
are attached and do not provide energy, heat or hot water for any
other buildings.
SOLAR ACCESS
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.
SOLAR COLLECTOR
A 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 at least 1 kW per hour of electricity
or transfer of stored energy to heat, air, water or solar hot water.
SOLAR EASEMENT
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 ENERGY EQUIPMENT/SYSTEM
Solar energy equipment systems, controls, energy storage
devices, heat pumps, heat exchangers, panels, inverters, transformers,
transmission lines with poles, mounts, electrical wiring 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.
SOLAR FARM or SOLAR POWER PLANT
An energy-generation facility or area of land principally
used to convert solar energy to electricity, whether by photovoltaics,
concentrating solar thermal devices, solar energy equipment/systems
or various experimental solar technologies, with the primary purpose
of wholesale or retail sales of electricity.
SOLAR PANEL
A device for the direct conversion of solar energy into electricity,
heat or hot water.
SOLAR STORAGE BATTERY
A device that stores energy from the sun and makes it available
in an electrical form.
SOLAR THERMAL SYSTEM
Solar thermal systems directly heat water or other liquids
using sunlight. The heated liquid is used for purposes such as space
heating and cooling, domestic hot water, and heating pool water.
STRUCTURE
Any object constructed, installed or permanently placed on
land to facilitate land use and development, including, but not limited
to, buildings, sheds, solar energy equipment or systems, and any fixtures,
additions and alterations thereto.
UNIFORM CODES
All applicable codes, regulations and industry standards
as referenced in the International Property Maintenance Code, the
International Building Code, the New York State Uniform Fire Prevention
and Building Code and the Town Code of the Town of Stillwater, as
amended from time to time.
The fees for all applications and building permits required
pursuant to this chapter shall be paid at the time each application
is submitted and in such reasonable amount as the Town Board may by
resolution establish and amend from time to time.
Chapter
210, Article
XVIII, of the Town Code, and §
81-17 of the Town Code, as amended, shall apply to violations of this article and penalties for offenses.
If any word, phrase, sentence, part, section, subsection, or
other portion of this chapter or any application thereof to any person
or circumstance is declared void, unconstitutional, or invalid for
any reason, then such word, phrase, sentence, part, section, subsection,
or other portion, or the proscribed application thereof, shall be
severable, and the remaining provisions of this chapter and all applications
thereof not having been declared void, unconstitutional, or invalid
shall remain in full force and effect.
Where this chapter differs or conflicts with other laws, rules
and regulations, unless the right to do so is preempted or prohibited
by the county, state or federal government, the law which is more
restrictive or protective of the Town and public shall apply.
This chapter is enacted pursuant to the Municipal Home Rule
Law. This chapter shall supersede the provisions of the Town Law to
the extent it is inconsistent with the same, and to the extent permitted
by the New York State Constitution, the Municipal Home Rule Law, or
any other applicable statute.
The Town of Stillwater does not have protected access to sunlight
provisions. As such, in order for a property owner to protect future
access to direct sunlight for their solar systems, the Town encourages
the property owner to obtain solar easements from adjoining property
owners in accordance with New York Real Property Law § 335-b.
Failure on the part of the property owner to secure solar easements
can be a factor for the Planning Board to weigh when reviewing an
application, action or activity that may impact, obscure, block or
interfere with sunlight reaching a property owner's solar collectors.
The tax exemption provided by § 487 of the New York
Real Property Tax Law (RPTL), as amended from time to time, shall
not apply to any solar energy equipment/systems, farm and plant applications
in the Town of Stillwater. The Town of Stillwater hereby gives notice
to any owner of property that proposes to construct a solar energy
system that the Town hereby elects to opt out of providing the tax
exemption otherwise available under RPTL § 487 for solar
energy equipment, systems, farms or plant applications.
This chapter shall become effective after certification by the
Town Clerk/Attorney for the Town and upon filing it at the Secretary
of State's office, or immediately upon a person or entity personally
served with a copy thereof after its adoption by the Town Board.