Elbridge Town City Zoning Code
ARTICLE X
Solar Energy Systems
§ 265-60 Purpose.
The use of solar energy systems including solar collectors, storage facilities, and distribution components for space heating and cooling, the heating of water, use in industrial, commercial or agricultural processes, and the generation of electricity are recognized as a renewable and nonpolluting energy resource. The purpose of this section is to accommodate solar energy systems as accessory uses while ensuring that such systems are appropriately located and installed.
§ 265-61 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A solar energy system which generates energy solely for on-site use to benefit the principal use of the land.
Solar installations owned collectively through a subdivision homeowner associations or other similar arrangements.
Photovoltaic panels and tiles that are installed flush to the surface of a roof 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.
A billing arrangement that allows solar customers to obtain 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.
A solar energy system where most or all of the energy produced is consumed off site.
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.
A solar energy system in which solar panels are mounted on top of the structure of a roof either as a flush-mounted system or 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 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 lamps, heat exchangers, inverters and other electrical equipment and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, and/or stored.
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.
§ 265-62 Applicability.
This section applies to all scales of solar energy systems that are accessory to a principal use modified or installed after the effective date of this article, unless a building permit was properly issued prior to the effective date of this article.
All solar energy systems shall be designed, erected and installed in accordance with all applicable codes, regulations and standards.
Solar energy collectors 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 statutes.
For purposes of this article, freestanding or ground-mounted solar collectors are permitted accessory uses in all districts that shall meet the applicable development standards for accessory uses in this article.
§ 265-63 Permitting.
Rooftop-mounted solar energy systems shall be permitted as of right in all zoning districts with the issuance of a building permit.
Building-mounted systems require site plan review of Planning Board and a building permit.
Freestanding or ground-mounted solar collectors may be permitted in the side and rear yards in all zoning districts but shall require site plan review by the Planning Board and the issuance of a building permit, and shall be subject to additional requirements as prescribed by § 265-65.
Solar thermal systems are permitted as of right in all zoning districts with the issuance of a building permit.
§ 265-64 Standards.
Solar energy systems and equipment shall be permitted only if they are determined by the Code Enforcement Officer not to present any unreasonable safety risks, including, but not limited to, the following:
§ 265-65 Additional requirements for freestanding and ground-mounted systems.
Where freestanding and ground-mounted solar energy systems are to be installed, the following limitations and requirements shall apply:
The location of the solar collector shall comply with all applicable setback requirements for accessory structures in the zoning district in which it is located.
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.
Freestanding and ground-mounted solar energy systems shall be screened when possible and practicable through the use of architectural features, earth berms, landscaping, or other screening which will harmonize the character of the property and the surrounding area.
§ 265-66 Installation and maintenance.
All solar collector installations must be performed by a qualified solar installer.
Prior to operation, electrical connections must be inspected by the Code Enforcement Officer and by an appropriate electrical inspection person or agency, as determined by the Town.
Any connection to the public utility grid must be inspected by the appropriate public utility.
Solar energy systems shall be maintained in good working order.
Rooftop- and building-mounted solar collectors shall meet New York's Uniform Fire Prevention and Building Code standards.
If solar storage batteries are included as part of the solar energy 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.
§ 265-67 Removal.
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.