This chapter aims to promote the accommodation of solar energy
systems and equipment and the provision for adequate sunlight and
convenience of access necessary therefor, and to balance the potential
impact on neighbors when solar collectors may be installed near their
property while preserving the rights of property owners to install
solar energy systems without excess regulation. In particular, this
legislation is intended to apply to freestanding, ground- or pole-mounted
and roof-mounted solar energy system installations based upon certain
placement. This legislation is not intended to override agricultural
exemptions that are currently in place.
As used in this chapter, the following terms shall have the
meanings indicated:
ALTERNATIVE ENERGY SYSTEMS
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.
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV)
The incorporation of photovoltaic (PV) material into a building's
envelope. Technologies include PV shingles or tiles, PV laminates,
and PV glass. Examples of placement include vertical facades, semitransparent
skylights, awnings, fixed awnings, and roofs.
COLLECTIVE SOLAR
Installations of solar energy systems that are owned collectively
through a homeowners' association, community or municipal system,
adopt-a-solar-panel programs, or other similar arrangements.
GLARE
A continuous source of excessive 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
A momentary flash of light that may be produced as a direct
reflection of the sun on a solar collection system.
GROUND-MOUNTED SYSTEM
A solar energy system that is anchored to the ground and
attached to a pole or similar mounting system, detached from any other
structure.
MAJOR SOLAR COLLECTION SYSTEM
An area of land or other area used for a solar collection
system principally used to capture solar energy and convert it to
electrical energy to transfer to the public electric grid but that
also may be for on-site use and is intended to be used for any purpose,
other than private, or residential, or agricultural use, including
community-based systems. Major solar collection systems consist of
one or more freestanding ground-mounted or roof-mounted solar collector
devices. Major solar collection systems are those systems which generate
more than 110% of the energy demand for on-site use. Major solar collection
systems do not include any type of energy storage system such as battery
banks or compressed air. Any energy storage system would require additional
review and approval.
MINOR OR ACCESSORY SOLAR COLLECTION SYSTEM
A solar photovoltaic cell, panel, array, solar hot air or
water collector device which relies upon solar radiation as an energy
source for collection, inversion, storage, and distribution of solar
energy for electricity generation or transfer of stored heat, secondary
to the use of the premises for other lawful purposes. Minor solar
collection systems may consist of building-integrated photovoltaics,
ground-mounted or roof-mounted solar collector devices. Minor or accessory
solar collection systems that do not generate more than 110% of the
energy demand of a farm operation in an agricultural district shall
be considered as farm equipment under New York State Agriculture and
Markets Law § 301.
ROOF-MOUNTED SYSTEM
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
on-site or off-site consumption.
SOLAR ACCESS
Space that is open to the sun and clear of overhangs or shade.
Structures constructed on private property will not infringe on the
rights of adjacent properties.
SOLAR ENERGY EQUIPMENT
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of energy.
SOLAR PANEL
A device capable of collecting and converting solar energy
into electrical energy.