A chapter establishing standards for the development, construction,
installation, operation, and removal of solar energy systems in the
Village of Canajoharie.
As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY STRUCTURE
A building that is located on the same parcel or premises
as a principal building but whose use is customarily incidental and
subordinate to that of the principal building.
ACCESSORY USE
An SES, which generates energy solely for on-site use to
benefit the principal use of the land. It must exist on the same lot
as the principal use and is subordinate, incidental to and customarily
found in conjunction with the primary use.
FLUSH-MOUNTED
Installed parallel to and immediately adjacent to a surface
(e.g., a rooftop or wall) of a principal and/or an accessory structure;
cannot be angled or raised.
GLARE
The effect produced by light with the intensity sufficient
to cause annoyance, discomfort or loss of visual performance and visibility.
GROUND-MOUNTED or FREESTANDING
Ground-mounted or freestanding solar energy systems that
are installed directly in the ground and not attached to any existing
structure, including single or multiple panels that can be mounted
on individual or multiple poles when space, structural, shade, or
other constraints inhibit roof-mounted systems.
NET METERING
A billing agreement that allows noncommercial solar customers
to get credit for excess electricity that they generate and deliver
back to the grid so that they can get paid for their net electric
usage.
PARCEL
Legal unit of property; a tract or plot of land.
PHOTOVOLTAIC (PV) SYSTEM (also called SOLAR SYSTEM or SOLAR
PV SYSTEM)
An arrangement of devices intended to produce electricity
from solar energy, including but not limited to solar panels (multiple
solar photovoltaic cells composed of semiconductor material and linked
by wires), a solar inverter, and all the structural mounting materials
and electrical accessories required to make the devices work together.
SEQR
State Environmental Quality Review.
SES
Solar energy system; see definition of "solar energy equipment."
SOLAR BATTERY
A device that stores electricity generated from solar energy
and makes it available as direct current electricity.
SOLAR COLLECTOR
A photovoltaic (PV) cell, panel or array (or a hot air or
water collector device) that relies on solar radiation as an energy
source for the generation of electricity (or transfer of stored heat).
SOLAR COLLECTOR SYSTEM
An arrangement of devices used for the direct conversion
of solar energy into electricity that may include but is not limited
to solar energy system equipment, supporting posts and frames, buildings
and other structures, and access drives, inverter equipment, wires
and cables required to supply the electrical energy produced from
solar technology.
SOLAR COLLECTOR SYSTEM, COMMERCIAL
A solar collector system that is designed and/or built to
provide energy in an ongoing commercial enterprise or for commercial
profit or to deliver energy generated to a transmission system for
distribution to off-site customers rather than be used on site.
SOLAR COLLECTOR SYSTEM, NONCOMMERCIAL
A solar collector system that is designed and/or built to
provide power for the use by the owners, lessees, tenants, residents
and/or other occupants of the premises on which the system is erected
and to sell excess power generated to the grid through an arrangement
called "net metering" under New York Public Service Law § 66-j
or a similar state or federal law or regulation.
SOLAR ENERGY EQUIPMENT (or SOLAR ENERGY SYSTEM)
Solar collectors, controls, energy devices, heat pumps, heat
exchangers and/or other materials, hardware or equipment necessary
to the process by which solar radiation is collected, converted to
another form of energy, stored and protected from unnecessary dissipation
and distributed. Types of solar energy systems include: thermal, photovoltaic
and concentrated.
SOLAR PANEL
A device that directly converts solar energy to electricity.
SOLAR SITE
A group of solar collector systems that are interconnected
on one parcel or solar collector systems interconnected on two or
more adjacent parcels.
From the commencement of this chapter, the placement of all solar collector systems, as defined under §
126-3, above, within the Village shall be prohibited, except as provided in §
126-5A hereof, General provisions for commercial and noncommercial solar collector systems, and are subject to review by the Village of Canajoharie Planning Board and all applicable building codes.
Any placement or retention of any solar energy system in violation
of this chapter is hereby declared to be a public nuisance which may
be enjoined or which may subject the violator to the fines and penalties
herein provided.
The provisions of this chapter are hereby declared to be severable
and if any clause, sentence, word, section or provision is declared
void or unenforceable for any reason by any court of competent jurisdiction,
it shall not affect any portion of this chapter other than said part
or portion thereof.