A new Clarkstown Town Code chapter entitled "Solar Power Regulation"
is created.
As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY BUILDING
A building, such as a stable, garage, playhouse, barn, tent
or greenhouse, which is subordinate and accessory to a principal building
on the same lot.
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMS
A solar energy system that consists of integrating photovoltaic
modules into the exterior skin of the structure, such as the roof
or the facade and which does not alter the general configuration of
the roof.
FLUSH-MOUNTED SOLAR PANEL
Photovoltaic modules and tiles that are installed parallel
to the surface of a roof on low-profile mounting brackets.
GLARE
A continuous source of brightness, relative to diffused lighting.
This is not a direct reflection of the sun, but rather a reflection
of the bright sky around the sun. Glare is significantly less intense
than glint.
GLINT
Also known as a "specular reflection," produced as a direct
reflection of the sun on the surface of the PV solar panel. This is
the potential source of the visual issues regarding viewer distraction.
PHOTOVOLTAIC (PV) SYSTEMS
A solar energy system that produces electricity by the use
of semiconductor devices, called photovoltaic cells, that generate
electricity whenever light strikes them.
PRIMARY USE
The main purpose for which a site is developed and occupied,
including the activities that are conducted on the site a majority
of the hours during which activities occur.
PRINCIPAL BUILDING
A building in which is conducted the primary use of the lot
on which it is located.
QUALIFIED SOLAR CONTRACTOR/INSTALLER
A firm that employs or subcontracts a qualified person (installer)
to supervise the installation. The installer shall have the skills
and knowledge related to the construction and operation of solar electrical
equipment and installations and has received safety training on the
hazards involved. Contractors 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),
Underwriters Laboratory (UL), or Journeymen Wiremen who have completed
the International Brotherhood of Electrical Workers/National Electrical
Contractors Association (IBEW/NECA) joint apprenticeship program shall
be deemed to be qualified solar installers for the purposes of this
definition. Persons who are not on NYSERDA's list or do not hold
these credentials may be deemed to be qualified solar installers if
the Building Inspector 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.
ROOFTOP-MOUNTED SOLAR SYSTEM
A solar power system in which solar modules 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.
SOLAR COLLECTOR
A solar hot air or water collector device, which relies upon
solar radiation as an energy source for the generation of or transfer
of stored heat.
SOLAR ENERGY EQUIPMENT/SYSTEM
Solar collectors, modules, inverters, charge controllers,
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.
SOLAR MODULE
A solar photovoltaic cell, panel, or array, which relies
upon sunlight as an energy source for the generation of electricity.
SOLAR POWER FAST-TRACK PROGRAM
A program to expedite qualified applications for commercial
and residential solar panel installation to encourage the use of reliable
and clean renewable energy.
SOLAR-THERMAL SYSTEMS
Solar-thermal systems directly heat water or other liquid
using the heat of the sun. The heated liquid is used for such purposes
as space heating and cooling, domestic hot water, and heating pool
water.
If a building permit for a solar energy device is denied because
of lack of compliance or is in conflict with other goals of the Town
of Clarkstown, the applicant may seek relief from the Zoning Board
of Appeals which shall regard solar energy as a factor to be considered,
weighed and balanced along with other factors.
The expedited solar permitting process uses a unified permit
across municipalities in New York State. A combined building and electrical
permit for a grid-tied photovoltaic (PV) system will be issued pending
proper completion of forms, submission of approved plans and approval
by the municipality. All applicants must submit:
A. Unified Solar Permit Eligibility Checklist (annexed as Attachment
1).
B. Three sets of plans that include:
(1) Site plan showing location of major components of solar system and
other equipment on roof or legal accessory building. This plan should
represent relative location of components at site, including, but
not limited to, location of array, existing electrical service location,
utility meter, inverter location, system orientation and tilt angle.
This plan should show access and pathways that are compliant with
the New York State Fire Code, if applicable.
(2) One-line or three-line electrical diagram. The electrical diagram
required by NYSERDA for an incentive application and/or utility for
an interconnection agreement can be used here.
(3) Specification sheets for all manufactured components. If these sheets
are available electronically, a web address will be accepted in place
of an attachment, at the discretion of the Building Inspector.
C. All diagrams and plans must include the following:
(1) Project address, section, block and lot number of the property;
(2) Owner's name, address and phone number;
(3) Name, address and phone number of the person preparing the plans;
and
(4) System capacity in kw-DC.
Nothing herein shall preclude compliance with any other applicable statutes, including but not limited to Chapter
270 and Chapter
249A.
Any person committing an offense against any provision of this
chapter shall be guilty of a violation punishable by a fine not exceeding
$1,000 or by imprisonment for a term not exceeding one year, or by
both such fine and imprisonment. The continuation of an offense against
the provisions of this chapter shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.