Wallkill City Zoning Code
ARTICLE XX
Solar Energy Systems and Equipment
§ 249-109 Purpose.
The purpose of this article is to encourage and promote solar energy systems while protecting the health and safety of the residents of the Town of Wallkill by establishing regulations for the installation of small scale solar energy systems and equipment for residential and commercial purposes.
§ 249-110 Definitions.
Unless otherwise stated, the following definitions shall apply solely to this Article XX, Solar Energy Systems and Equipment:
Shall have the same meaning as that defined in § 249-3 of this chapter.
Structures, equipment, devices or construction techniques used 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.
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 homeowners' 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 article.
The effect produced by reflections of light with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
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 Building and Code Enforcement 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 the 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 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 free standing or ground mounted solar energy system is installed.
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 group of multiple solar modules with the purpose of harvesting solar energy.
The smallest basic solar electric device which generates electricity when exposed to light.
A solar photovoltaic cell, panel, or array, 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 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 solar collector.
Solar collectors, controls, energy 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 article, 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 grouping of solar cells with the purpose of harvesting solar energy.
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.
§ 249-111 Applicability.
A.
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.
B.
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.
C.
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 Uniform Fire Prevention and Building Code ("Uniform Code"), the New York State Energy Conservation Construction Code ("Energy Code") and the Town Code.
D.
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 or similar state or federal statute.
§ 249-112 Permit Required.
A.
No small-scale solar energy system or device shall be installed or operated in the Town except in compliance with this article.
B.
Rooftop and building-mounted solar collectors are permitted in all zoning districts in the Town, subject to the following conditions:
(1)
Building permits shall be required for installation of all rooftop and building-mounted solar collectors.
(2)
Rooftop and building-mounted solar collectors shall not exceed the maximum allowed height by more than four feet of the principal use in any zoning district.
(3)
There shall be adequate ventilation opportunities afforded by panel set back from other rooftop equipment. (For example: Shading or structural constraints may leave significant areas open for ventilation near HVAC equipment.)
(4)
In order to ensure firefighter and other first responder safety, in accordance with the New York State Uniform Fire Prevention and Building Code, 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.
(b)
Exceptions to these requirements may be requested where access, pathway or ventilation requirements are reduced due to:
[1]
Alternative access opportunities (such as from adjoining roofs);
[2]
Ground-level access to the roof area in question;
[3]
Adequate ventilation opportunities afforded by panels set back from other rooftop equipment;
[4]
New technology, methods, or other innovations that ensure adequate emergency responder access, pathways, and ventilation opportunities.
(c)
In the event any of the standards in this subsection are more stringent than the New York State Uniform Fire Prevention and Building Code, they shall be deemed to be installation guidelines only and the standards of the State Code shall apply.
(5)
Rooftop and building-mounted solar collectors must be properly engineered to support solar collectors.
(a)
The applicant must provide a signed and sealed certification from a New York State licensed professional engineer containing the following information:
[1]
The roof structure is strong enough to support the additional weight of the solar units as per Chapter 16 "dead load" standards of the New York State Building Code.
[2]
All solar collectors are in compliance with Chapter 14 of the New York State Mechanical Code.
[3]
The solar energy system is constructed and installed in compliance with Article 690 of the National Electric Code.
(b)
In the event any of the standards in this subsection is more stringent than the New York State Uniform Fire Prevention and Building Code, the standards in this subsection shall be deemed to be installation guidelines only and the standards of the State Code shall apply.
C.
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.
D.
Freestanding and ground-mounted solar collectors: Freestanding or ground-mounted solar collectors are permitted as accessory structures in all zoning districts of the Town of Wallkill, subject to the following conditions.
(1)
The location of the solar collector meets all applicable setback requirements for accessory buildings in the zoning district in which it is located.
(2)
The solar collector must be installed in a side or rear yard.
(3)
No unit shall exceed 12 feet in height from the ground unless an area variance is obtained from the Zoning Board of Appeals.
(4)
Freestanding and ground-mounted solar energy collectors shall be screened, when possible and practicable, through the use of architectural features, earth berms, landscaping, or other screening which will harmonize with the character of the property and surrounding area.
(5)
The total surface area of all ground-mounted and freestanding solar collections on a lot shall not exceed the area of the ground covered by the building structure of the largest building on the lot, providing that nonresidential placements exceeding this size may be approved by the Planning Board, subject to site place review pursuant to Article XI of this chapter.
(6)
Any freestanding, ground-mounted or pole-mounted solar collectors, to be installed in all nonresidential zones within the Town, shall require prior approval by the Planning Board.
E.
Building permits are required for the installation of all ground-mounted and freestanding solar collectors.
F.
Solar thermal systems: Solar thermal systems are permitted in all zoning districts, subject to the following conditions:
G.
Solar energy systems and equipment shall be permitted only if they are determined by the Town not to present any unreasonable safety risks, including, but not limited to, the following:
H.
The Building Inspector shall have authority to determine compliance with the requirements set forth in this provision. Consideration shall be made regarding glare or other adverse effects on neighboring properties when determining compliance with this provision.
§ 249-113 Safety provisions.
A.
All solar collector installations must be performed by a qualified solar installer.
B.
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.
C.
Any connection to the public utility grid must be inspected by the appropriate public utility.
D.
Solar energy systems shall be maintained in good working order.
E.
All solar collectors shall meet New York's Uniform Fire Prevention and Building Code Standards.
F.
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.
G.
If a ground-mounted 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. In the event that the property owner fails to remove the aforesaid nonfunctioning system within the time prescribed herein, the Town shall then be permitted to enter upon the land where such system has been installed and remove same. All expenses incurred by the Town in connection with the removal of the nonfunctioning system shall be assessed against the land on which such building is located and shall be levied and collected in the same manner as provided in Article 15 of the Town Law for the levy and collection of a special ad valorem levy.
H.
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.
(1)
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.
(2)
In the event any of the standards in this subsection for markings are more stringent than applicable provisions of the New York State Uniform Fire Prevention and Building Code, they shall be deemed to be guidelines only and the standards of the State Code shall apply.
§ 249-114 Solar farms and solar power plants.
Solar farms and solar power plants shall be permitted in any zone as an electric-generating use, subject to site plan review and approval by the Planning Board, and subject to the following supplementary regulations:
A.
Solar farms and solar power plants shall be enclosed by perimeter fencing at a height of eight feet to restrict unauthorized access.
(1)
The fencing shall be black, rubber coated, and chain-linked.
(2)
For any parcel of property that is primarily forested, no fencing shall be closer than 250 feet from any road.
(3)
For any parcel of property that is primarily clear of brush, trees and other screening vegetation, no fencing shall be closer than 1,000 feet from any road. Notwithstanding the foregoing, if there is sufficient vegetation and/or topography that will result in appropriate screening, as determined by the Planning Board, the required setback may be reduced from 1,000 feet to 500 feet.
B.
Solar farms and solar plants cannot exceed 15 acres of property. No greater than 15% of a parcel of property will be permitted for use as a solar farm or solar power plant. This restriction shall apply to all residential zones. Notwithstanding the foregoing, two or more property owners may enter into appropriate agreements to form a contiguous aggregate parcel of property for the purposes of the development of a solar farm or solar power plant, provided that said combined parcel does not exceed 15 acres in the aggregate.
C.
The manufacturer's or installer's identification and appropriate warning signage shall be posted at the site, clearly visible.
D.
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.
E.
No more than 15% of the total existing brush, trees and other screening vegetation on a parcel of property may be removed in order to accommodate a solar farm.
F.
Appropriate landscaping and/or screening materials may be required to help screen the solar power plant, access roads and accessory structures from public roads.
G.
The average height of the solar panel array shall not exceed 10 feet.
H.
Solar farm and solar power plant panels and equipment shall be ground mounted only, and shall be surfaced, designed and sited so as not to reflect unreasonable glare onto adjacent properties and roadways.
I.
All on-site power lines shall be installed underground with the exception of the main service connection at the utility company right-of-way.
J.
The following requirements shall be met for decommissioning:
§ 249-115 Violations and penalties.
The provisions of Article XVI of this chapter shall apply to any violation of this article.
§ 249-116 Appeals.
A.
Upon a finding of a violation of the provisions of this article, appeals should be made in accordance with the established procedures and time limits of this chapter and the New York State Town Law.
B.
If a building permit for a solar energy device is denied based upon failure to meet the requirements of this article, the applicant may seek relief from the Town of Wallkill Zoning Board of Appeals in accordance with the established procedures and time limits of this chapter and the New York State Town Law.
§ 249-117 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.