2026-922026-92
Resolution Adopting Local Law Amending Chapter 240-36.3 Of The Town Code Entitled
"Solar Energy Systems"
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on March 23,
2026.
The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll
being called, the following was recorded:
✓ Vote Record - Resolution RES -2026-92
Yes/Aye
No/Nay
Abstain
Absent
2 Adopted
❑ Adopted as Amended
Joseph D. Cavaccini
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Voter
Q
❑
❑
❑
❑ Tabled
Heather O'Dell
Voter
2
❑
❑
❑
❑ Withdrawn
Christopher Phillips
Mover
Q
❑
❑
❑
Al Casella
Seconder
Q
❑
❑
❑
The following Resolution was introduced by Councilman Phillips and seconded by
Casella.
WHEREAS, the Town Board has considered the adoption of Local Law Amending Chapter
240-36.3 Of The Town Code Entitled "Solar Energy Systems"; and
WHEREAS, a Public Hearing on the proposed Local Law was duly advertised in the
Southern Dutchess News and the Poughkeepsie Journal as required by law; and
WHEREAS, a Public Hearing was held on March 23, 2026 and all parties in attendance
were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or
any part thereof; and
WHEREAS, the Town Board has determined that the Proposed Action is an action for
which there are no other Involved Agencies and that the Town Board is therefore, by default, the
Lead Agency for this action; and
WHEREAS, said Local Law has been on the desks of the members of the Town Board of
the Town of Wappinger for at least ten (7) days prior to the adoption of this resolution.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board hereby adopts and incorporates the recitations and statements set
forth above as if fully set forth and resolved herein.
2. The Town Board, after due deliberation, finds that it is in the best interest of the
Town to adopt said Local Law, and the Town Board hereby adopts Local Law No. 7
of 2026, a copy of which is attached hereto and made a part of this Resolution; and
3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting
into the Local Law book for the Town of Wappinger and to give due notice of the
adoption of said Local Law to the Secretary of State of New York.
The foregoing was put to a vote which resulted as follows:
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Christopher Phillips, Councilman
SECONDER:
Al Casella, Councilman
AYES:
Cavaccini, Beale, O'Dell, Phillips, Casella
Dated: Wappingers Falls, New York
3/23/2026
The Resolution is hereby duly declared Adopted.
JOSEP" P. PAOLONI, TOWN CLERK
LOCAL LAW NO. OF THE YEAR 2026
A LOCAL LAW AMENDING CHAPTER 240-36.3 OF THE TOWN CODE OF THE
TOWN OF WAPPINGER ENTITLED "SOLAR ENERGY SYSTEMS"
BE IT ENACTED by the Town Board of the Town of Wappinger, County of Dutchess,
as follows:
Section 1: Section 240-36.3 of the Town of Wappinger Town Code is
hereby amended "Solar Energy Systems" as a Permitted Accessory Use
subject to the conditions specified in Section 240-36.3.
§ 240-36.3 Solar Energy Systems.
A. Statutory authority and jurisdiction.
(1) This section is hereby enacted pursuant to the provisions of Section 20 of the
Municipal Home Rule Law and Sections 261 and 263 of Town Law of the State of
New York, which authorize the Town of Wappinger to adopt zoning provisions that
advance and protect the health, safety, and welfare of the community, and
make provision for, so far as conditions may permit, the accommodation of Solar
Energy Systems and equipment, and access to sunlight necessary therefor.
(2) The authority to issue site plans pursuant to the provisions of this section is hereby
delegated to the Town of Wappinger Planning Board.
(3) References herein to zoning districts in the Town of Wappinger are references to
such districts as described in this Chapter 240 of the Town of Wappinger Code.
B. Statement of purpose and intent.
(1) This section is adopted to advance and protect the public health, safety, and welfare
of the Town of Wappinger, including:
C. Definitions.
ACCESSORY USE
A use which is customarily incidental and subordinate to the Principal Use of a lot
or water area, and which is located on the same lot or water area therewith.
ALTERNATING CURRENT
An electric current that reverses direction at regular intervals, having a magnitude
that varies continuously in a sinusoidal manner.
BUILDING -INTEGRATED SOLAR ENERGY PRODUCT
A building product that incorporates solar energy modules and functions as a
component of the building envelope, which produces electricity for on-site
consumption. These include, without limitation, vertical facades, semi -transparent
skylight systems, roofing materials, and window shades.
BUILDING -INTEGRATED SOLAR ENERGY SYSTEM
A Solar Energy System that uses Building -Integrated Solar Energy Products.
DIRECT CURRENT
An electric current of constant direction, having a magnitude that does not vary or
varies only slightly.
FACILITY AREA
This shall include: (1) all of the area within any fence surrounding a Solar Energy
System; and (2) the area covered by and between all Solar Energy System
components, including, but not limited to, access roads, transmission lines, and
support buildings.
GROUND -MOUNTED SOLAR ENERGY SYSTEM
A Solar Energy System that is: (i) anchored to the ground or supported on a
foundation; (ii) attached to a frame or other mounting system; or (iii) detached from
any other structure. A Ground -Mounted Solar Energy System must be used
primarily for producing electricity for on-site consumption, and must be approved
by the Town of Wappinger Planning Board. A Ground -Mounted Solar Energy
System requires Site Plan Approval by the Town of Wappinger Planning Board, and
must comply with the regulations set forth in Sub Section 215-38.1(H) of this
Chapter.
KILOWATT (kW)
A unit of electrical power equal to 1,000 watts, which constitutes the basic unit of
electrical demand. A watt is a metric measurement of power (not energy) and is the
rate (not the duration) at which electricity is used. One thousand kW is equal to
one Megawatt (MW).
KILOWATT-HOUR (kWh)
A unit of energy equivalent to one Kilowatt (kW) of power expended for one hour
of time.
LARGE-SCALE SOLAR ENERGY SYSTEM
A Solar Energy System that produces more than one hundred and ten percent
(110%) of the solar energy needed to serve the principal and accessory structures
2
on site. Large -Scale Solar Energy Systems are prohibited within the Town of
Wappinger.
LOT COVERAGE
That percentage of the lot area covered by the combined area of all buildings or
structures on the lot.
MEGAWATT (MW)
A unit of electrical energy equal to 1,000 Kilowatts. A watt is a metric
measurement of power (not energy) and is the rate (not the duration) at which
electricity is used.
MEGAWATT -HOUR (MWh)
A unit of energy equivalent to one Megawatt (MW) of power expended for one
hour of time.
NAMEPLATE CAPACITY
A Solar Energy System's maximum electric power output under optimal operating
conditions. Nameplate Capacity may be expressed in terms of Alternating Current
or Direct Current.
PLANNING DIVISION
For the purposes of this Sub -Section, the Planning Division of the Town of
Wappinger Code Enforcement Office shall be made up of the Secretary of the Town
of Wappinger Planning Board, the Town of Wappinger Planning Board, and the
Town of Wappinger Zoning Board of Appeals. Applications for Solar Energy
Systems which require the Town of Wappinger Planning Division's approval shall
be submitted to the Planning Division and shall be subject to Site Plan Approval by
the Town of Wappinger Planning Board.
PRINCIPAL SERVICE
All Solar Energy Systems in the Town of Wappinger shall principally serve the
buildings or structures on the property in question, whereby the owner can only
produce one hundred and ten percent (110%) of a property's solar energy needs,
including emergency needs. The buildings or structures must be located on the
same lot as the Solar Energy System.
PRINCIPAL USE
The main use conducted on a lot, dominant in area, extent, or purpose, to other uses
which may also be located on the lot.
ROOF -MOUNTED SOLAR ENERGY SYSTEM
3
A solar energy panel system installed on or above the roof covering of a legally
permitted structure for the purpose of producing electricity for on-site consumption.
Roof -Mounted Solar Energy Systems are comprised of solar energy panels that are
either: (i) fixed and flush -mounted parallel to the roof, (ii) placed on rack -supported
systems that may be articulated and tilted; (iii) solar energy roof coverings; or (iv)
any combination of the three. A Roof -Mounted Solar Energy System cannot
extend past the roofline.
SITE PLAN APPROVAL
All Ground -Mounted Solar Energy Systems, require Site Plan Approval by the
Town of Wappinger Planning Board. All Solar Energy Systems which require Site
Plan Approval must comply with the regulations set forth in the Town of Wappinger
Town Code.
SMALL-SCALE SOLAR ENERGY SYSTEM
A Solar Energy System that does not exceed more than one hundred and ten percent
(110%) of the solar energy needed to serve the principal and accessory structures
on the lot upon which the system is located. Nothing contained in this provision
shall be construed to prohibit the sale of the excess ten percent (10%) of power not
required for the on-site needs through a net billing or net metering arrangement
made in accordance with New York Public Service Law Section 66-j, or a similar
state or federal statute.
SOLAR ACCESS
Space open to the sun and substantially clear of overhangs or shade, including the
orientation of streets and lots to the sun so as to permit the use of a solar energy
system on individual properties.
SOLAR ENERGY EQUIPMENT
Electrical energy storage devices, materials, hardware, inverters, or other electrical
equipment and conduits of solar energy devices associated with the production of
electrical energy.
SOLAR ENERGY SYSTEM
An electrical generating system composed of a combination of Solar Panels and
Solar Energy Equipment that produces electricity for primarily on-site
consumption.
SOLAR PANEL
A solar energy device capable of collecting and converting solar energy into
electrical energy. It is normally either: (i) attached to a building by mechanical
means and is readily removable and replaceable; or (ii) it is ground -mounted and
utilizes structural components.
4
D. Safety requirements.
(1) All Solar Energy Systems shall comply with the New York State Uniform Fire
Prevention and Building Code and the New York State Energy Conservation
Construction Code established pursuant to New York Executive Law Section
3 81(2) (hereinafter referred to as the "NYS Uniform Code"), as well as any other
applicable laws or regulations, to ensure compliance with all safety standards,
including fire access.
(2) In the event that the New York Uniform Code contains more restrictive regulations
covering Solar Energy Systems than those noted in this Sub -section and the
regulations conflict, then the NYS Uniform Code regulations shall prevail.
(3) Solar Energy Systems shall be maintained in good working order and in accordance
with industry standards. Site access shall be maintained, including snow removal
at a level acceptable to the Town of Wappinger Fire Prevention Bureau.
E. Applicability.
(1) The requirements of this Section apply to all Solar Energy Systems and
equipment installed or modified after the effective date of this Section, excluding
general maintenance and repair.
(2) Solar Energy Systems constructed or installed prior to the effective date of this
Section shall not be required to meet the requirements of this Section. However, if
fifty-one percent (51%) of the Nameplate Capacity of a Solar Energy System that
was previously constructed or installed prior to the effective date of this Section is
repaired, then the full Solar Energy System must comply with the requirements of
the current Code.
(3) Farms within the Agricultural District, as defined in Article 25 -AA of the New York
State Agriculture and Markets Law, must only use Solar Energy Systems for farm
uses. Additionally, farms should not use prime farmland for such Solar Energy
Systems. The definition of prime farmland shall be the same definition as that
promulgated by the United States Department of Agriculture.
(4) Roof -Mounted Small -Scale Solar Energy Systems installed on single -and multi-
family residential properties are subject to compliance with this Chapter under the
authority of the Building Inspector/Code Enforcement Officer, and generally do not
require review and approval from the Town of Wappinger Planning Board.
(5) The following shall be automatically subject to review by the Planning Division:
5
(a) Roof -Mounted, Small -Scale Solar Energy Systems installed on non-
residential properties;
(b) Roof -Mounted Solar Energy Systems that produce more than 25 kW DC,
as rated by their Nameplate Capacity; and
(c) All Small -Scale Ground -Mounted Solar Energy Systems, regardless of the
size of the Solar Energy Systems or the zoning district they are located in.
F. Installation requirements for all Solar Energy Systems.
(1) A building permit shall be required for the installation of all Solar Energy Systems.
(2) All Solar Energy System installations must be performed in accordance with
applicable electrical and building codes, the manufacturer's installation
requirements, and industry standards.
(3) Prior to the operation of the Solar Energy System, the electrical connections must
be inspected by the Building Inspector/Code Enforcement Officer, and by an
appropriate electrical inspector or agency, as approved by the Town of Wappinger,
funding for which shall be paid for by the applicant. Letters of inspection must be
provided to the Building Inspector/Code Enforcement Officer prior to the issuance
of a certificate of occupancy or certificate of compliance.
(4) Any connection to the public utility grid must be inspected by the appropriate public
utility, and documentation certifying this inspection must be provided to the
Building Inspector/Code Enforcement Officer prior to the issuance of a certificate
of occupancy or certificate of compliance.
(5) Approvals by the Town of Wappinger Planning Board shall include a review
pursuant to the State Environmental Quality Review Act [ECL Article 8 and its
implementing regulations at 6 NYCRR Part 617 ("SEQRA")].
(6) For Solar Energy Systems subject to Site Plan Approval, the Town of Wappinger
shall impose, and may update as appropriate, a schedule of fees to recover
expenses associated with engineering, environmental, or legal services
determined to be reasonably necessary in the processing of an application
under this law.
(7) Prior to the issuance of the building permit and final approval by the Town of
Wappinger Planning Board, construction and/or site plan documents must be signed
and stamped by a New York State Licensed Professional Engineer or a New York
State Registered Architect.
M
(8) Infrastructure required for the installation of any Solar Energy System, including
all Solar Panels, integrated monitoring systems, performance measuring
equipment, batteries, and any screening, must be contained within the boundary
lines of the property owner and outside of any utility/public right-of-way.
(9) Infrastructure required by the utility for utility interconnection located in a
utility/public right-of-way, and upgrades to an existing overhead utility service
drop, are permitted.
(10) All warning signs, equipment markings, and installations of Solar Energy Systems
shall be in accordance with the New York State Uniform Code, the National Electric
Code, the National Fire Protection Association Codes and Standards, and any other
applicable laws and regulations.
(11) The use and siting of Solar Energy Systems shall be compatible with the Town's
Greenway Connections Ordinance and Comprehensive Plans.
G. Roof -Mounted Solar Energy Systems.
(1) Rooftop -mounted solar energy systems are permitted accessory uses in all zoning
districts.
(2) Rooftop -mounted solar energy systems installed on one -family dwellings and
accessory buildings for one -family dwellings are permitted accessory uses in all
zoning districts.
(3) Rooftop -mounted solar energy systems installed on new or existing buildings, other
than one -family dwellings, are subject to site plan or special permit approval in the
same manner as the building in which they are installed.
(4) Notwithstanding the provisions of § 240-22, solar collectors may exceed the
maximum height limitations for the zoning district, provided that such structures
are erected only to such height as is reasonably necessary to accomplish the purpose
for which they are intended to serve; however, in no event shall the solar collector
exceed the height limitation in the district by more than six feet.
(5) Nonconforming uses. Rooftop -mounted solar energy systems are permitted to be
installed on a building housing a nonconforming use, provided that they conform
to the other requirements of this section.
(6) Dimensionally nonconforming buildings. Rooftop -mounted solar energy systems
may be installed on existing buildings that do not conform to the setback requirements of
the district, provided that they do not increase the nonconformity. Rooftop -mounted solar
7
energy systems may be installed on existing buildings that do not conform to the height
requirements of the district, provided that they comply with Subsection E(4) above.
(7) Roof -mounted photovoltaic systems installed on one- or two-family dwellings may
be reviewed under the Unified Solar Permit.
H. Small -Scale Ground -Mounted Solar Energy Systems.
(1) Small -Scale Ground -Mounted Solar Energy Systems are permitted through the
issuance of Site Plan Approval within all zoning districts, as indicated in the Use
Table included at the end of this Chapter, and subject to: (i) any overlay district
regulations set forth in the Town of Wappinger Code and (ii) the requirements set
forth in this Section.
(2) Installations of Small -Scale Ground -Mounted Solar Energy Systems will be treated
as accessory structures to Legally Permitted Structures, subject to the requirements
set forth in this Section.
(3) All Solar Panels shall be dark -colored (blue or black material) and designed with
an anti -reflective coating.
(4) The applicant and the Town of Wappinger Planning Board shall consider possible
glare from the Solar Panels when designing the Solar Energy System.
(5) All Small -Scale Ground -Mounted Solar Energy Systems in all zoning districts shall
be installed in the side yard or rear yard.
(6) Small -Scale Ground -Mounted Solar Energy Systems are subject to setback
requirements of the underlying zoning district with a minimum setback of at least
one hundred (100) feet from any property line. The Town of Wappinger Planning
Board has the authority to increase the setback requirements where there is an
adverse impact.
(7) Small -Scale Ground -Mounted Solar Energy Systems are restricted to a height of
ten (10) feet from the ground under the Solar Panel to the highest point of the Solar
Panel or racking structure, whichever is greater.
(8) Small -Scale Ground -Mounted Solar Energy Systems visible during leaf -off
conditions, when viewed from the edge of an applicant's property line, shall be
screened from adjacent properties and public rights-of-way by fencing, a landscape
buffer, or a combination thereof, to minimize visual impact from the system to
either public roads or neighboring properties. The screening shall be maintained at
all times and shall be replaced as soon as practicable if damaged or destroyed for
8
any reason. The Town of Wappinger Planning Board has the authority to take the
physical characteristics of the site into consideration as it relates to view -shed and
screening requirements.
(9) Each applicant shall submit a copy of their application to the public electrical utility.
Foreseeable infrastructure upgrades shall be documented and submitted, and all
materials shall be submitted to the Town of Wappinger Planning Board concurrent
with application materials for Site Plan Approval. All materials shall be subject to
approval by the Town of Wappinger Planning Board. No building permit will be
issued for a Small -Scale Ground -Mounted Solar Energy System until such time as
the electrical utility has verified its approval. Off -grid systems and systems
designed to produce energy solely for the site it is installed on are exempt from this
requirement.
(10) The total surface area of the Small -Scale Ground -Mounted Solar Energy System
shall be included in Lot Coverage calculations and impervious coverage
calculations. Lot Coverage for Ground -Mounted Solar Energy Systems shall
comply with the maximum impervious surface coverage requirements of the
underlying zoning district, as set forth in the Dimensional Table included at the
end of this Chapter.
(11) It is the strong preference of the Town of Wappinger that the installation of Small -
Scale Ground -Mounted Solar Energy Systems do not require the removal of mature
trees or forests. Therefore, where practicable, Ground -Mounted Solar Energy
Systems shall be located on portions of properties that are currently free of trees.
(12) All Small -Scale Ground -Mounted Solar Energy Systems in residential districts
shall be installed on properties that are a minimum of five (5) acres in size or more,
and they shall be installed in the side or rear yards.
(13) Applications for Small -Scale Ground -Mounted Solar Energy Systems.
(a) Applications for the installation of Small -Scale Ground -Mounted Solar
Energy Systems shall be reviewed by the Building Inspector/Code
Enforcement Officer and the Planning Division, who shall refer the
application, with comments, to the Town of Wappinger Planning Board for
its review and action, which can include approval, approval with conditions,
or denial of Solar Energy System applications. If the application includes
environmentally sensitive lands, the Planning Board may refer the
application to the Town's environmental consultant.
(b) The application to the Town of Wappinger Planning Board for Site Plan
Approval shall include all items set forth in the Town of
N
Wappinger Zoning Code and the New York State unified residential solar
energy permit application. Additionally, all applications shall include:
(i) The name, address, and contact information of the proposed or
potential system installer. Such information regarding the final
system installer shall be submitted prior to the issuance of a building
permit.
(ii) The name, address, and contact information of the owner and/or
operator of the Solar Energy System.
(iii) The name, address, contact information, and signature of the project
applicant, as well as all of the property owners, demonstrating their
consent to the application and the use of the property for the Solar
Energy System.
(iv) The Nameplate Capacity of the Solar Energy System (as expressed
in kW or MW).
(v) The zoning district designation for the parcel(s) of land comprising
the Facility Area.
(vi) Property lines and physical features, including roads, for the Facility
Area.
(vii) Adjacent land uses on contiguous parcels within a three hundred
(300) foot radius of the Facility Area.
(viii) Proposed changes to the landscape of the site, including site grading,
vegetation clearing, planting, the removal of any large trees, access
roads, exterior lighting, signage, fencing, landscaping, and
screening vegetation or structures.
(ix) A one- or three -line electrical diagram detailing the entire Solar
Energy System layout, including the number of Solar Panels in each
ground -mount array, solar collector installation, associated
components, inverters, electrical interconnection methods, and
utility meter, with all National Electrical Code compliant
disconnects and over current devices. The diagram should describe
the location and layout of all battery energy storage system
components, if applicable, and should include applicable setback
and other bulk and area standards.
10
(x) A preliminary equipment specification sheet that documents all
proposed Solar Panels, system components, mounting systems,
racking system details, and inverters that are to be installed. A final
equipment specification sheet shall be submitted prior to the
issuance of a building permit.
(xi) Any information which the Town of Wappinger Planning Board
deems reasonably relevant in order to properly review the
application for the Small -Scale Ground -Mounted Solar Energy
System.
(14) Abandonment of Small -Scale Ground -Mounted Solar Energy Systems.
(a) All applications for Small -Scale Ground -Mounted Solar Energy Systems
shall be accompanied by a decommissioning plan to be implemented upon
abandonment, cessation of activity, or in conjunction with the removal of
the Ground -Mounted Solar Energy System, prior to the issuance of a
building permit. The decommissioning plan shall be accompanied by a
budget showing the cost of implementing the plan, certified by the project
engineer and approved by the Town Board, and the applicant shall provide
a performance bond or New York State bank letter of credit, for the benefit
of the Town of Wappinger, in the amount shown on the budget, plus fifty
percent (50%), available to the Town of Wappinger for the life of the Solar
Energy System or for so long as necessary to complete decommissioning,
whichever is longer. This security will not be released until the Small -Scale
Ground -Mounted Solar Energy Systems is fully decommissioned as set
forth herein. The form and amount of the security must be reviewed and
approved by the Town Board in conjunction with the Town Engineer and
the Town Attorney. The security must remain in effect until the Small -Scale
Ground Mounted Solar Energy System is removed. Review of the security
by the Town Engineer and/or Town Attorney shall be paid from an escrow
established by the applicant.
(b) The decommissioning plan shall include a time frame for the completion of
site restoration work. Additionally, the decommission plan must ensure the
site will be restored to a useful, non -hazardous condition without delay,
including, but not limited to, the following:
(i) Restoration of the surface grade and soil after removal of equipment,
as well as testing of the soils, if appropriate;
11
(ii) Removal of above -ground and below -ground equipment, structures,
and foundations; and
(iii) Revegetation of restored soil areas with native seed mixes,
excluding any invasive species.
(c) In the event that a Solar Energy System is not completed and functioning
within twelve (12) months of the issuance of the final Site Plan Approval,
the operator and/or owner of the Solar Energy System may request an
additional extension of six (6) months from the Town of Wappinger
Planning Board to complete the Solar Energy System. The Town of
Wappinger Planning Board can choose to grant the extension
unconditionally, grant the extension with conditions, or deny the extension.
(d) In the event that the Solar Energy System is not completed and functioning
within twelve (12) months of the issuance of the final Site Plan Approval,
unless an extension has been previously granted, the Town of Wappinger
may notify the operator and/or the owner to complete the construction and
installation of the Solar Energy System within one hundred and eighty (180)
days. If the owner and/or operator fails to perform, the Town of Wappinger
may notify the owner and/or operator to implement the decommissioning
plan. The decommissioning plan must be completed within one hundred
and eighty (180) days of notification by the Town of Wappinger.
(e) Upon cessation of activity of a constructed Solar Energy System for a period
of one (1) year, the Town of Wappinger may notify the owner and/or
operator of the Solar Energy System to implement the decommissioning plan.
Within one hundred and eighty (180) days of notice being served, the owner
and/or operator can either restore the operation equal to eighty percent
(80%) of the approved capacity or implement the decommissioning plan.
(f) If the owner and/or operator fails to fully implement the decommissioning
plan within the one -hundred and eighty (180) day time period, the Town of
Wappinger may, at its discretion, provide for the restoration of the site in
accordance with the decommissioning plan and may recover all expenses
incurred for such activities from the defaulted owner and/or operator, or
from the performance bond or letter of credit. All unreimbursed or
uncovered costs incurred by the Town of Wappinger shall be assessed
against the property, shall become a lien and tax upon the property, and shall be
enforced and collected with interest by the same officer and in the same
manner as other taxes.
12
(g) The owner and/or operator shall implement the decommissioning plan, and
remove and dispose of all Solar Energy System components, in compliance
with all applicable rules and regulations, including the regulations of the
New York State Department of Environmental Conservation.
Large -Scale Solar Energy Systems. Large -Scale Solar Energy Systems, as defined
previously in this Section, are not permitted uses under the provisions of the Town of
Wappinger Town Code.
Enforcement. Any violation of this Section shall be subject to the same civil and criminal
penalties provided for in the Town of Wappinger Code, a fee for the removal of the Stop
Work Order as set by Town Board Resolution, as the same may from time to time be
amended.
K. Ownership Changes. If the owner and/or operator of the Solar Energy System changes or
the owner of the property changes, Site Plan Approval shall remain in effect, provided that
the successor owner and/or operator assumes in writing all the obligations of the
decommissioning plan. A new owner and/or operator of the Solar Energy System shall
notify the Building Inspector/Code Enforcement Officer of such change in ownership or
operator within thirty (30) days of the ownership change.
Section 3: Severability.
If any part or provision of this local law or the application thereof to any person or
circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be
confined in its operation to the part, provision, or application directly involved in the controversy
in which such judgment shall have been rendered and shall not affect or impair the validity of the
remainder of this local law, or the application thereof to other persons or circumstances, and the
Town Board of the Town of Wappinger hereby declares that it would have passed this local law
or the remainder thereof had such invalid application or invalid provision been apparent.
Section 4: Effective Date.
This local law shall take effect immediately upon filing in the Office of the New York State
Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.
Dated: .2026
BY THE ORDER OF THE TOWN BOARD
TOWN OF WAPPINGER
13