Village of Amityville, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 5-14-2012 by L.L. No. 4-2012. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 49.
Zoning — See Ch. 183.

§ 135-1 Permit required.

No photovoltaic (PV) or residential solar hot water (RSHW) panel shall be installed on any property, or any building or structure thereon without a solar energy system (SES) permit issued by the Code Enforcement Officer as hereinafter provided. There shall be a permit fee as established in accordance with § 49-16 of the Code.

§ 135-2 Permitted use.

A SES may be installed on any property within the Village, provided that such system shall only be installed on the roof of a building and such installation complies with the requirements of this article.

§ 135-3 Roof installations.

A. 
The solar energy system shall be flush-mounted, parallel to, and no more than six inches above the roof surface.
B. 
A minimum of an eighteen-inch wide clearing (free of solar equipment) will be provided along at least one side of the roof ridge either on the same side as the solar equipment, or on another side of the ridge that does not have solar equipment. In addition, an eighteen-inch pathway (free of solar equipment) will be provided from at least one eave or gutter connecting to the roof ridge clearing.
C. 
The roof will have no more than a single layer of roof covering in addition to the solar energy system, and the total weight of the installed system shall not exceed five pounds per square foot for PV panels, and six pounds per square foot for RSHW panels.

§ 135-4 Equipment requirements.

All solar energy systems shall comply with the following:
A. 
The proposed equipment shall be certified under UL-1703 for PV installations, or have an OG-100 rating for RSHW installations from the Solar Rating and Certification Corporation.
B. 
Inverters shall be listed on the New York State Public Service Commission list of type-tested interconnection equipment and meet UL 1741.
C. 
The proposed equipment shall comply with current NEC requirements including Article 690 for PV systems.
D. 
PV modules and combiner boxes shall be identified by the manufacturer for use in grid-tied PV systems.
E. 
A sign shall be placed adjacent to the utility meter and at any alternating current (AC) disconnect switch indicating there is an operating solar electric co-generation system on site.
F. 
The proposed mounting system shall be certified by a licensed professional engineer or registered architect.

§ 135-5 LIPA approved contractors.

No SES shall be installed by anyone who is not on the prescreened installer list on the website of the Long Island Power Authority.

§ 135-6 Solar systems in H Historical District.

No permit for a SES shall be issued for any property in the H Historical Zoning District without the architectural review and approval of the Planning Board in accordance with Article III of Chapter 24 of this Code.

§ 135-7 Long Island solar permit initiative (LIUSPI).

The permitting and installation of solar energy systems in the Village is, and is intended to be, in compliance with the solar energy system fast track application process instituted by LIUSPI.

§ 135-8 through § 135-19. (Reserved)

§ 135-20 Definitions.

As used in this article, the following terms shall have the meanings indicated:
WIND ENERGY SYSTEM (WES)
Shall consist of a wind turbine, a tower, and associated control or conversion electronics which has a rated capacity of not more than 10 kilowatts, to be used for residential purposes only.

§ 135-21 Permit required.

No WES shall be installed on any property, nor any building or structure thereon, without a WES permit issued by the Code Enforcement Officer, as hereinafter provided. There shall be a permit fee as established in accordance with § 49-16 of the Code.

§ 135-22 Residential use only.

No WES shall be installed on any property which is not used for residential purposes only.

§ 135-23 Construction standards.

A. 
The WES shall comply with all applicable building, electrical and fire codes, and any applicable regulations of the Federal Aviation Administration (FAA). The Code Enforcement Officer is hereby authorized to require a certification of any WES from a licensed professional engineer or registered architect as a prerequisite for the issuance of a permit or a certificate of occupancy for said WES.
B. 
The WES shall be an unobtrusive color such as tan, sand, gray or black. Galvanized steel or metal is acceptable for support structures. The painting or coating of the WES shall be kept in good repair until the system is removed.
C. 
All electrical wires from the tower to electrical control facilities shall be located underground.
D. 
The wind turbine shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. An external, manual shutoff switch shall be part of the installation. The minimum distance between the ground and any protruding blades on the wind turbine shall be 10 feet as measured at the lowest point of the arc of the blades.
E. 
The tower shall have no exterior step bolts or a ladder less than 12 feet above the ground. For lattice or guyed towers, a barrier shall be fastened to the portion of the tower below 12 feet to prevent climbing.
F. 
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
G. 
No WES shall be lighted unless required by the FAA.
H. 
A sound report from the manufacturer certifying that the noise generated by the WES shall not exceed 35 decibels at a distance of 28 feet from the WES shall be submitted with the permit application.

§ 135-24 Number per parcel.

A maximum of one WES per residential parcel is permitted.

§ 135-25 Height.

The maximum height of any WES as measured to the tip of the blade at its highest point of travel shall be the maximum height permitted for a structure in the Zoning District where the property is located.

§ 135-26 Setbacks.

Every WES shall have a minimum setback from all property lines equal to the height of the WES as measured to the tip of the blade at its highest point of travel.

§ 135-27 Noise.

No WES shall create noise that exceeds a maximum of 35 decibels at any property line for the property on which the WES is located.

§ 135-28 Repair and removal.

A. 
Any WES found to be unsafe by the Code Enforcement Officer shall be repaired or removed.
B. 
Any WES which has not operated for a continuous period of 12 months shall be removed by the owner of the property where the WES is located. "Non-operational" shall mean that the blades of the wind turbine remain stationary or the wind turbine is no longer connected to the public utility electricity distribution system.

§ 135-29 Wind systems in H Historical District.

No permit for a WES shall be issued for any property in the H Historical Zoning District without a use variance from the Zoning Board of Appeals.