Newburgh Town City Zoning Code
ARTICLE XVII
Solar Siting
[Added 3-23-2015 by L.L. No. 2-2015]
§ 185-78 Purpose and intent.
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 where excess solar power is generated.
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 of Newburgh's current and long-term sustainability agenda.
This article aims to promote the accommodation of solar energy systems and equipment and the provision for adequate sunlight and convenience of access necessary therefor, and 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 energy systems without excess regulation. In particular, this legislation is intended to apply to freestanding, ground-mounted or pole-mounted solar energy system installations based upon certain placement. This legislation is not intended to override agricultural exemptions that are currently in place.
§ 185-79 Definitions.
As used in this article, the following terms shall have the meanings indicated, unless the context or subject matter requires otherwise. The definitions contained in § 185-3 shall also apply.
Structures, equipment, devices or construction techniques used for the production of heat, light, cooling, electricity or other forms of energy on site and which may be attached to or separate from the principal structure.
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, college student groups, "adopt-a-solar-panel" programs, or other similar arrangements.
A photovoltaic panel or tile that is 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. Pole-mounted solar energy systems shall be considered freestanding or ground-mounted solar energy systems for purposes of this chapter.
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 at the end of the month.
The Town Code Compliance Department, which is charged with granting permits for the operation of solar energy systems.
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 Code Compliance Supervisor or such other Town officer or employee as the Town Board designates 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 either as a flush-mounted system or as modules fixed to frames which can be tilted toward the south at an optimal angle.
The distance from a front lot line, side lot line or rear lot line of a parcel within which a freestanding or ground-mounted solar energy system is installed.
For purposes of this chapter, the term "small-scale solar" refers to solar photovoltaic systems that produce up to 10 kilowatts (kW) per hour of energy or solar thermal systems which serve the building to which they are attached, and do not provide energy for any other buildings.
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.
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 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. For the purposes of this chapter, a solar energy system does not include any solar energy system of four square feet in size or less.
Energy generation facility or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of wholesale or retail sales of electricity.
A device for the direct conversion of solar energy into electricity.
A device that stores energy from the sun and makes it available in an electrical form.
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.
§ 185-80 Applicability.
The requirements of this article shall apply to all solar energy system and equipment installations modified or installed after the effective date of this article.
Solar energy system installations for which a valid building permit has been issued or, if no building permit is presently required, for which installation has commenced before the effective date of this article, shall not be required to meet the requirements of this article.
All solar energy 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 the Town Code.
Solar collectors, unless part of a solar farm or solar power plant, 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 statute.
§ 185-81 Permit required; construction and placement requirements.
No small-scale solar energy system or device shall be installed or operated in the Town except in compliance with this article.
Rooftop and building-mounted solar collectors. Rooftop and building-mounted solar collectors are permitted in all zoning districts in the Town subject to the following conditions:
Building permits shall be required for installation of all rooftop and building-mounted solar collectors, except a building permit shall not be required for flush-mounted photovoltaic panels.
Rooftop and building-mounted solar collectors shall not exceed the maximum allowed height of the principal use in any zoning district.
Firesafety and emergency access.
In order to ensure firefighter and other emergency responder safety, except in the case of accessory buildings under 1,000 square feet in area, there shall be a minimum perimeter area around the edge of the roof and structurally supported pathways to provide space on the roof for walking around all rooftop and building-mounted solar collectors. Additionally, installations shall provide for adequate access and spacing in order to:
Exceptions to these requirements may be requested where access, pathway or ventilation requirements are reduced due to:
Unique site specific limitations;
Alternative access opportunities (as from adjoining roofs);
Ground-level access to the roof area in question;
Other adequate ventilation opportunities when approved by the Code Compliance Department;
Adequate ventilation opportunities afforded by panel setback from other rooftop equipment (for example: shading or structural constraints may leave significant areas open for ventilation near HVAC equipment.);
Automatic ventilation device; or
New technology, methods, or other innovations that ensure adequate emergency responder access, pathways and ventilation opportunities.
Building-integrated photovoltaic (BIPV) systems. BIPV systems are permitted in all zoning districts and shall be shown on the plans submitted for the building permit application for the building containing the system.
Freestanding and ground-mounted solar collectors. Freestanding or ground-mounted solar collectors are permitted as accessory structures in all zoning districts of the Town except the R-3 District subject to the following conditions:
Building permits are required for the installation of all ground-mounted and freestanding solar collectors.
In the R-2 District, a lot must have a minimum size of 40,000 square feet in order for a ground-mounted or freestanding solar collector to be permitted.
The location of the ground-mounted or freestanding solar collector shall meet the greater of the setback requirements for accessory buildings set forth in § 185-15 or the following setback requirements and limitations set forth in this provision:
R-3 District.
Ground-mounted and freestanding solar collectors are not permitted in the R-3 District in connection with any use.
Yards having a line bounding on the right of way of Interstate 87 or Interstate Route 84 shall not be considered front yards for purposes of this section.
The height of the solar collector and any mounts shall not exceed 20 feet when oriented at maximum tilt.
Ground-mounted and freestanding solar collectors shall be screened when possible and practicable from adjoining lots and street rights-of-way through the use of architectural features, earth berms, landscaping, fencing or other screening which will harmonize with the character of the property and surrounding area. The proposed screening shall not interfere with normal operation of the solar collectors.
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.
Solar energy equipment shall not be sited within any required buffer area.
The total surface area of all ground-mounted and freestanding solar collectors on a lot shall not exceed the area of the ground covered by the building structure of the largest building on the lot measured from the exterior walls, excluding patios, decks, balconies, screened and open porches and attached garages, provided that nonresidential placements exceeding this size may be approved by the Planning Board, subject to site plan review pursuant to pursuant to Article IX of the this chapter.
The area beneath ground-mounted and freestanding solar collectors shall be included in calculating whether the lot meets maximum permitted lot building coverage and lot surface coverage requirements for the applicable district, notwithstanding that the collectors are not "buildings."
Solar thermal systems. Solar thermal systems are permitted in all zoning districts subject to the following conditions:
Solar collectors and related equipment shall be surfaced, designed and sited so as not to reflect glare onto adjacent properties and roadways.
§ 185-82 Safety.
All solar collector installations must be performed by a qualified solar installer.
Prior to operation, electrical connections must be inspected by a Town 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 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 other applicable laws and regulations.
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.
Marking of equipment.
Solar energy systems and equipment shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system. Materials used for marking shall be weather resistant. For residential applications, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover.
For commercial application, the marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the lever is operated.
§ 185-83 Solar farms and solar power plants.
Solar farms and solar power plants shall be permitted in the I District as an "electric generating" use subject to site plan review by the Planning Board, subject to the following supplementary regulations:
Solar farms and solar power plants shall be enclosed by perimeter fencing to restrict unauthorized access at a height of 8 1/2 feet.
The manufacturer's or installer's identification and appropriate warning signage shall be posted at the site and clearly visible.
Solar farm and solar power plant buildings and accessory structures shall, to the extent reasonably possible, use materials, colors, and textures that will blend the facility into the existing environment.
Appropriate landscaping and/or screening materials may be required to help screen the solar power plant and accessory structures from major roads and neighboring residences.
The average height of the solar panel arrays shall not exceed 12 feet.
Solar farm and solar power plant panels and equipment shall be surfaced, designed and sited so as not to reflect glare onto adjacent properties and roadways.
On-site power lines shall, to the maximum extent practicable, be placed underground.
The following requirements shall be met for decommissioning:
§ 185-84 Appeals.
If a person is found to be in violation of the provisions of this article, appeals should be made in accordance with the established procedures and time limits of the Zoning Code and New York State Town Law.
If a building permit for a solar energy device is denied based upon a failure to meet the requirements of this article, the applicant may seek relief from the Zoning Board of Appeals in accordance with the established procedures and time limits of the Zoning Code and New York State Town Law.
§ 185-85 Building permit fees for solar panels.
The fees for all building permits required pursuant to this article shall be paid at the time each building permit application is submitted in such reasonable amount as the Town Board may by resolution establish and amend from time to time.
§ 185-86 Guidelines for future solar access.
New structures will be sited to take advantage of solar access insofar as practical, including the orientation of proposed buildings with respect to sun angles, the shading and windscreen potential of existing and proposed vegetation on and off the site, and the impact of solar access to adjacent uses and properties.
To permit maximum solar access to proposed lots and future buildings, wherever reasonably feasible, consistent with other appropriate design considerations and to the extent practicable, new streets shall be located on an east-west axis to encourage building siting with the maximum exposure of roof and wall area to the sun. The Planning Board shall also consider the slope of the property and the nature and location of existing vegetation as they affect solar access.
The impact of street trees on the solar access of the surrounding property shall be minimized to the greatest possible extent in selecting and locating shade trees. Every effort shall be made to avoid shading possible locations of solar collectors.
When the Planning Board reviews and acts upon applications for subdivision approval or site plan approval, it shall take into consideration whether the proposed construction would block access to sunlight between the hours of 9:00 a.m. and 3:00 p.m. Eastern Standard Time for existing approved solar energy collectors or for solar energy collectors for which a permit has been issued.
The Planning Board may require subdivisions to be platted so as to preserve or enhance solar access for either passive or active systems, consistent with the other requirements of the Town Code.
The plan for development of any site within cluster subdivisions shall be designed and arranged in such a way as to promote solar access for all dwelling units. Considerations may include the following:
In order to maximize solar access, the higher-density dwelling units should be placed on a south-facing slope and lower-density dwelling units sited on a north-facing slope.
Subject to the Town's setback requirements, structures should be sited as close to the north lot line as possible to increase yard space to the south for reduced shading of the south face of a structure.
A tall structure should be sited to the north of a short structure.
§ 185-87 Penalties for offenses.
Section 185-52 of the Zoning Code applies to violations of this article.