[HISTORY: Adopted by the Board of Trustees of the Village
of the Branch 3-10-2015 by L.L.
No. 2-2015. Amendments noted where applicable.]
All building permit applications for installations of photovoltaic (PV) or residential solar hot water (RSHW) systems on any residential property or structure in Residential Zoning Districts A and B shall not be installed without an SES permit issued by the Building Inspector of the Village of the Branch. Applications for PV and RSHW installations on residential occupied properties or structures will be expedited by the Village Building Inspector upon receipt of the filing of a fully completed application in accordance with Chapter 112, Building Code Administration and Enforcement, of the Village Code. All applications for a SES system permit shall also meet the following criteria, and any subsequent amendment thereto.
A.
SES installations are restricted to rooftops in Residence Zoning
A and B Districts only. Ground-mounted or freestanding solar collection
systems that are not attached to the roof of the primary residence
are prohibited.
B.
Applications are proposed for installation on a roof with a single
layer of roof covering unless it can be determined and certified,
by written engineering analysis/data from a professional engineer
(PE) or registered architect (RA) that is licensed in the State of
New York, that the existing roofing and roofing structure can meet
the weight loads and wind-lift tolerances requirements as stated herein
or by current specifications for solar installations.
C.
All proposed SES designs, solar panel layouts and configurations
shall minimize and not create an adverse reflective/mirroring or glare
impact to neighboring homes, other inhabited buildings or structures,
or street rights-of-way.
D.
There shall be no clearing of large trees that are six inches in
diameter or greater without a special permit issued by the Village
Building Inspector. A tree removal plan shall be submitted to the
Building Inspector for review and approval prior to the removal of
any trees.
E.
Solar panels must be flush-mounted parallel to the roof surface and
no more than six inches above the surface.
F.
Solar panels must have an eighteen-inch clearing at one side of the
roof ridge and an eighteen-inch clearing path to the ridge.
G.
Solar panels and roofing shall not create a gravity roof load of
no more than five pounds per square foot for photovoltaic (PV) and
six pounds per square foot for residential solar hot water (RSHW).
H.
All SES systems shall be installed by contractors which are on LIPA's
prescreened solar contractor list.
I.
All SES systems must use PV panels that have been certified by a
nationally recognized testing laboratory as meeting the requirements
of the Underwriters Laboratory (UL) Standard 1703, and inverters must
be on a list of New York State Public Service Commission type-tested
inverters which are tested by UL or other nationally recognized laboratories
to conform with UL 1741.
J.
All RSHW installations shall use equipment that has been certified
by the Solar Rating and Certification Corporation under its OG-100
standard for solar collectors.
K.
All SES systems shall use other equipment, such as modules, combiner
boxes and a mounting system shall have been approved for public use.
L.
All SES installations shall be in full compliance with all current
National Electrical Code (NEC) requirements.
M.
In addition to the normal inspections performed by the Village Building
Inspector, the Building Inspector may rely upon and accept third-party
inspections and/or certifications if provided by approved inspectors,
which inspectors are to be paid for by the homeowner or applicant.
A.
Prior to the issuance of a certificate of occupancy, a sign (or decal)
shall be affixed by the property owner or the installer on or near
the utility meter and at any alternating current (AC) disconnect switch,
indicating the existence of an operating solar electrical cogeneration
system on site. The sign or decal shall be subject to the approval
of the Village Building Inspector.
B.
The provisions of this chapter shall apply retroactively to any and
all solar structures and systems that are installed within the Village
of the Branch, whether or not they would have been in compliance with
the current solar energy system requirements at the time of the installation.
C.
In order to assist first responders, the homeowner or installer shall
notify, in writing, and within 30 days of completion of the installation
of the SES, and prior to the issuance of a certificate of occupancy,
first responder organizations as follows: the Smithtown Fire Department
at 100 Elm Avenue, Smithtown, NY 11787, and the Smithtown Public Safety
Department at 65 Maple Avenue, Smithtown, NY 11787, that the PV or
RSHW system is operational at the applicable residence or location.
D.
If any solar electric (PV) or solar hot water (RSHW) generating system
or structure ceases to perform its originally intended function for
more than 12 consecutive months and after such time that a demolition
permit is secured from the Village Building Inspector, the property
owner shall remove the collectors, mounts and all other associated
equipment and facilities by no later than 90 days after the end of
the twelve-month period. Any such solar structure or system that was
in existence prior to the time that this chapter took effect shall
be subject to the terms and conditions of this chapter, as enacted,
in the event that the aforementioned cessation is triggered.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A violation of this chapter shall be punishable by a fine not
to exceed $500 for each offense or by imprisonment not exceeding 15
days, or by both such fine and imprisonment. Penalties for offenses
for failure to obtain the proper permits from the Village Building
Inspector or commencement of any work prior to obtaining a permit,
shall be assessed at a rate three times the current fees.
