[HISTORY: Adopted by the Board of Trustees of the Village
of West Carthage 6-9-2014 by L.L.
No. 6-2014.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law originally designated this
chapter as Ch. 90. It has been renumbered to conform to the alphabetical
organization of the Code.
A.
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.
B.
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 Village's current and long-term sustainability
agenda.
As used in this chapter, the following terms shall have the
meanings indicated:
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
homeowner associations, college student groups, "adopt-a-solar-panel"
programs, or other similar arrangements.
Photovoltaic panels and tiles that are 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.
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.
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 Village 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.
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.
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.
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.
A.
The requirements of this chapter shall apply to all small-scale solar
energy systems (residential, commercial, multifamily and condominium)
modified or installed after the effective date of this chapter.
C.
All solar energy systems shall be designed, erected and installed
in accordance with all applicable codes, regulations and standards.
D.
Solar energy collectors 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.
A.
No small-scale solar energy system or device shall be installed or
operated in the Village of West Carthage except in compliance with
this chapter.
B.
To the extent practicable, and in accordance with Village law, the
accommodation of solar energy systems and equipment and the protection
of access to sunlight for such equipment shall be encouraged in the
application of the various review and approval provisions of the Village
Code.
C.
Rooftop and building-mounted solar collectors are permitted in all
zoning districts in the Village subject to the following conditions:
D.
Building-integrated photovoltaic (BIPV) systems are permitted outright
in all zoning districts.
E.
Ground-mounted and freestanding solar collectors are permitted as
accessory structures in all zoning districts of the Village subject
to the following conditions:
(1)
Building permits are required for the installation of all ground-mounted
solar collectors.
(2)
The location of the solar collector meets all applicable setback
requirements for accessory structures in the zoning district in which
it is located.
(3)
The height of the solar collector and any mounts shall not exceed
20 feet when oriented at maximum tilt.
(4)
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.
(5)
Freestanding solar energy collectors may be required to 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.
F.
Solar-thermal systems are permitted in all zoning districts subject
to the following condition:
(1)
Building permits are required for the installation of all solar-thermal
systems.
G.
Solar energy systems and equipment shall be permitted only if they
are determined by the Village not to present any unreasonable safety
risks, including, but not limited to, the following:
H.
All solar collector installations must be performed by a qualified
solar installer. If the solar installer is not an employee of the
company providing the solar equipment, the applicant and/or the electrician
selected must provide the Planning Board with sufficient proof that
he/they are qualified to perform the task.
I.
Prior to operation, electrical connections must be inspected by a
licensed and certified electrician. The electrical inspector will
be certified by the Jefferson County Building Codes Office which maintains
a list of those inspectors.
J.
Any connection to the public utility grid must be inspected by the
appropriate public utility.
K.
Solar energy systems shall be maintained in good working order.
L.
Rooftop and building-mounted solar collectors shall meet New York's
Uniform Fire Prevention and Building Code standards which are administered
by the Jefferson County Building Codes Office.
M.
If solar batteries are included as part of the solar collector system,
they shall be disposed of in accordance with all New York State laws
and regulations.
N.
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.
A.
Pursuant to Municipal Home Rule Law § 10 and Village Law
§ 7-714, any persons, firm, or corporations who commit an
offense against, disobey, neglect, or refuse to comply with or resist
the enforcement of any of the provisions of the chapter shall, upon
conviction, be deemed guilty of a violation and subject to the fine
and/or imprisonment. Any violation of this chapter is an offense punishable
by a fine not exceeding $350 or imprisonment for a period not to exceed
six months, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $350 nor more than
$700 or imprisonment for a period not to exceed six months, or both;
and upon conviction of a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
not less than $750 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. However, for the purpose of conferring
jurisdiction upon courts and judicial officers generally, violations
of this chapter shall be deemed misdemeanors and for such purpose
only all provisions of law relating to misdemeanors shall apply to
such violations. Each week's continued violation shall constitute
a separate additional violation.
B.
In addition to the above remedies, the Village Board may maintain
an action or proceeding in the name of the Village in a court of competent
jurisdiction to compel compliance with or restrain by injunction the
violation of this chapter.
