Kingsbury, NY Zoning Ordinance

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.

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.

Accessory uses and/or structures shall be prohibited without a principal use and/or structure on the premises.

Appurtenances in front and side yards. The following features may extend into the minimum front and side yards to the distances specified:

Cornices, canopies, eaves and similar features: 30 inches.

Open fire escapes: six feet.

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.

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.

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.

The minimum distance between any accessory building and any adjoining property line shall be 10 feet.

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]

All signs must be constructed of durable materials and shall be maintained in good condition and repair at all times.

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.

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.

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.

A business sign shall be permitted in connection with any legal business or industry located on the same premises and meeting the following requirements:

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.

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]

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.

Signs which are animated, flashing or with intermittent illumination are prohibited.

Signs shall not project over public right-of-way or property lines.

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.

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.

Parking areas.

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]

For uses not specified in § 280-19E(3), the Planning Board may establish parking requirements consistent with those specified in § 280-19E(3).

For any building having more than one use, parking space shall be required as provided for each use.

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.

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]

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.

All nonresidential parking shall be adequately lighted.

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

Off-street loading space.

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.

Each off-street loading space shall be subject to the following minimum requirements:

Each berth shall be not less than 12 feet wide, 40 feet long and 14 feet in height when covered.

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.

Uses subject to special requirements. The following uses shall be subject to special requirements hereby established.

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:

The final slope of material in the excavation or pit shall not exceed the normal angle of repose of the material.

There shall be adequate lateral support at all times for the soil of adjoining lots.

The natural water supply of adjoining lots shall be unimpaired.

The final contours shall be such as to prevent the accumulation of stagnant water.

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.

Adequate measures shall be taken to ensure public safety at the site.

Gasoline retail sales. The use of land and structures for gasoline retail sales shall be subject to the following conditions:

The minimum road frontage shall be 150 feet, except on corner lots, where it shall be 150 feet along the shorter side.

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.

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.

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.

All major repair work shall be performed indoors.

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.

Manure heaps. Manure heaps shall be a minimum of 100 feet distant from adjacent lot lines.

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.

Public garages. All repair work and all storage of vehicles shall be performed indoors or within a screened enclosure situated behind the setback line.

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]

[3]

Editor's Note: Original Subsections G(7), pertaining to junkyards and salvage reclamation operations, as amended, and G(8), pertaining to storage of used material and equipment, which immediately followed this subsection, were repealed 9-22-2008 by L.L. No. 5-2008.

(7)

Mobile homes. Mobile homes, either as separate units or as component parts of a building, shall be located in the Town only in accordance with the Mobile Home Ordinance.[4]

[4]

Editor's Note: See Ch. 185, Mobile Homes.

(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]

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]

Purpose and intent.

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.

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.

ALTERNATIVE ENERGY SYSTEM

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.

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.

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 relief of the roof.

COLLECTIVE SOLAR

Solar installation owned collectively through 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 the roof or wall and which cannot be angled or raised.

FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system that is directly installed on the ground and is not attached or affixed to an existing structure.

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. In order to qualify as net metered, the energy usage being offset shall occur on the same lot as the solar energy system.

PERMIT GRANTING AUTHORITY

The Town of Kingsbury 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

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.

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 south at an optimal angle.

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 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.

SOLAR EASEMENT

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 ENERGY EQUIPMENT/SYSTEM

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.

SOLAR PANEL

A device for the direct conversion of solar energy into electricity.

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 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.

Applicability.

The requirements of this section shall apply to all solar collector system installations modified or installed after the effective date of this section.

Solar collector system installations for which a valid building permit has been properly issued, or for which installation has commenced before the effective date of this section, shall not be required to meet the requirements of this section, except in accordance with Subsection E(4), (5) and (6).

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.

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.

All solar panels shall have antireflective coating(s) and shall not emit glare nor reflect light off-site.

Permitting.

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.

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:

Building permits shall be required for installation of all rooftop and building-mounted solar collectors.

Height limitations contained in this chapter shall apply.

Rooftop units must have a one-foot setback on all four sides.

Roof structures must be properly engineered to support collectors.

Rooftop units must be installed according to manufacturer's specifications.

Building-integrated photovoltaic (BIPV) systems. BIPV systems are permitted outright in all zoning districts.

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:

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.

The location of the solar collectors must meet all applicable minimum yard size requirements for principal structures in the applicable zoning district.

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.

Units shall not exceed 15 feet in total height from the existing grade.

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.

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.

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:

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.

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.

The solar energy system shall be a secure facility to prevent all access. The fire company shall be provided a key for emergency access.

Units shall not exceed 15 feet in total height from the existing grade.

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.

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.

(m)

All units within this subpart shall be subject to site plan review as described in Article VIII of this Chapter 280.

(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.

Solar thermal systems. Solar thermal systems are permitted in all zoning districts subject to the following conditions:

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:

Weight load.

Wind resistance.

Ingress or egress in the event of fire or other emergency.

Safety.

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/Building Inspector and by an electrical inspection person or agency in conformance with the State Building Code.

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 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.

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.

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.

Appeals.