LL Amending Solar Law 2017-11-13LOCAL LAW NO. 6 OF THE YEAR 2017
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section -L• Title:
This Local Law shall be known and cited as "Amendment of Zoning Provisions for Solar Farms."
Section -IL• Amendment of Article VIII of Chapter 240 "Supplementary Special
Permit Uses Regulations" to Regulate Solar Energy Systems
§ 240-57(B)(1) of the Code of the Town of Wappinger shall be amended to read:
(1) A Solar Farm is a principal use allowed in the R-40/80, R-80, RA -3,
RA -5, Al, CC and COP Districts subject to special use permit and site
plan approval.
§ 240-57(C)(4) of the Code of the Town of Wappinger shall be amended to read:
(4)(a) Where a Ground Mounted Solar Energy Systems is located within 100 feet
of an adjacent property in a residential district or a street, it shall be
screened by existing vegetation or topography or through the use of
architectural features, earth berms, landscaping, or other screening which
will harmonize with the character of the property and surrounding area.
The buffer shall comply with the requirements of §240-25(B).
(b) Notwithstanding the requirements of §240-25(B), where a Ground
Mounted Solar Energy Systems is located within the viewshed of the
Hudson River, in any yard that faces the Hudson, the equipment shall be
setback a minimum of 300 feet from the property line. Existing trees
within the setback should not be removed, except for access roads and
utility crossings. In the discretion of the Planning Board, existing trees in
the area of the solar collectors may be reduced in height or replaced with
shorter trees to prevent shading.
(i) The Planning Board shall have the discretion to reduce the
setback required above to 150 feet provided that the applicant
demonstrates that the screening is opaque and the Solar Energy
System will not be visible from the Hudson River when leaves
are off the trees. The Planning Board may impose any
reasonable conditions to protect adjacent properties and the
public in general should it choose to reduce the setback.
(c) The Planning Board shall have the discretion to modify the height of the
screening required by this section near, or adjacent to, the solar collectors
reduced to prevent shading.
§ 240-57(E)(1) of the Code of the Town of Wappinger shall be amended to read:
(1) Solar Farms are only permitted on lots that conform to the minimum lot
size in the district in which they are located, except that Solar Farms
having a rated capacity of 200 kW or greater, are only permitted on lots
containing twenty (20) acres or more.
§ 240-57(E)(4) of the Code of the Town of Wappinger shall be deleted.
Section -III: Amendment to Chapter 240 Schedule of Uses
The Code of the Town of Wappinger shall be amended by revising the Schedule of Use
Regulations, Residential Districts located at 240 Attachment 1 to Chapter 240 (Zoning) by revising
the Schedule of Uses for "Utilities" as follows:
Use
Districts
R -5A
RMF -3
Districts
R -3A
RMF -5
R-80
HB
HM
R-40/80
GB
CC
R-40
HD
COP
R-20/40
Building -Integrated Photovoltaic (BIPV) System
PA
R-20
PA
PA
R-15
PA
Utilities
R-10
PA
Solar Farm (permitted in R-40/80, R-80 R -5A & R -3A see § 240-57)
PA
PA
The Code of the Town of Wappinger shall be amended by revising the Schedule of Use
Regulations, Non-residential Districts located at 240 Attachment 2 to Chapter 240 (Zoning) by
revising the Schedule of Uses as follows:
Use
Districts
Accessory Structures
HB
HM
NB
GB
CC
SC
HD
COP
Al PUD
Building -Integrated Photovoltaic (BIPV) System
PA
PA
PA
PA
PA
PA
PA
PA
PA
Roof Mounted Solar Energy System
PA
PA
PA
PA
PA
PA
PA
PA
PA
Ground Mounted Solar Energy System
PA
PA
PA
PA
PA
PA
PA
PA
PA
Utilities
Solar Farm (§ 240-57)
SPU
SPU
SPU
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Section -IV: Numbering for Codification:
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions
of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and
sub -sections of this Local Law may be re -numbered or re -lettered to accomplish such intention;
the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be
changed to "Chapter," "Section" or other appropriate word as required for codification; and any
such rearranging of the numbering and editing shall not effect the validity of this Local Law or
the provisions of the Code effected thereby.
Section -V: Separability:
The provisions of this Local Law are separable and if any provision, clause, sentence, subsection,
word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or
circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or
impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local
law or their application to other persons or circumstances. It is hereby declared to be the legislative
intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted
if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had
not been included therein, and if such person or circumstance to which the Local Law or part
thereof is held inapplicable had been specifically exempt therefrom.
Section -VI: Effective Date:
This Local Law shall become effective immediately upon filing with the Secretary of State as
provided by law Municipal Home Rule Law.
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