This chapter shall be known as the "Residential Solar Energy
System Ordinance for the Town of Cumberland, Maine."
This chapter is adopted pursuant to the enabling provisions
of Article VIII, Part 2, Section 1 of the Maine Constitution; the
provisions of 30-A M.R.S.A. § 3001 (Home Rule); and the
provisions of the Planning and Land Use Regulation Act, 30-A M.R.S.A.
§ 4312 et seq.
The purpose of this chapter is to provide for the construction
and operation of residential solar energy systems in Cumberland, Maine,
subject to reasonable conditions that will protect the public health,
safety, and welfare.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
The legal entity that files an application under this chapter.
MOUNTING
The manner in which a solar PV system is affixed to the roof
or ground (i.e., roof-mount, ground-mount, pole-mount).
PERSON
An individual, corporation, partnership, firm, organization
or other legal entity.
PHOTOVOLTAIC (PV) SYSTEM
A solar energy system that produces electricity by the use
of semiconductor devices, call photovoltaic cells, which generate
electricity when exposed to sunlight. A PV system may be roof-mounted,
ground-mounted, or pole-mounted.
RESIDENCE
A building or structure, including manufactured housing,
maintained for permanent or seasonal residential occupancy providing
living, cooking and sleeping facilities and having permanent indoor
or outdoor sanitary facilities, excluding recreational vehicles, tents
and watercraft.
SOLAR ARRAY
Multiple solar panels or modules combined together to create
one system.
SOLAR COLLECTOR
A solar PV cell, panel, or array, or solar thermal collector
device, that relies upon solar radiation as an energy source for the
generation of electricity or transfer of stored heat.
SOLAR ENERGY
Radiant energy (direct, diffuse and/or reflective) received
from the sun.
SOLAR ENERGY SYSTEM
A device or structural design feature, a substantial purpose
of which is to provide solar energy for interior lighting or provide
for the collection, storage and distribution of solar energy for space
heating or cooling, electricity generation, or water heating.
SOLAR ENERGY SYSTEM, POLE-MOUNTED
A solar energy system that is directly installed on specialized
solar racking systems, which are attached to a pole, which is anchored
and firmly affixed to a foundation in the ground and wired underground
to an attachment point at the building's meter. Pole-mounted
systems can be designed to track the sun (with single-axis or dual-axis
tracking motors) to help maximize solar output throughout the year.
SOLAR GLARE
The potential for solar panels to reflect average sunlight,
with an intensity sufficient to cause annoyance, discomfort, loss
in visual performance or visibility, or a public safety hazard.
SOLAR PANEL (OR MODULE)
A device used for the direct conversion of sunlight into
useable solar energy, including electricity or heat.
SOLAR-RELATED EQUIPMENT
Items including a solar photovoltaic cell, solar panel, module,
or array, or solar hot air or water collector device panels, lines,
pumps, batteries, mounting brackets, framing and possibly foundations
or other structures used or intended to be used for the collection
of solar energy.
A residential solar energy system is considered to be a use
accessory to any permitted residential dwelling unit(s). As such,
residential solar energy systems shall be permitted in all zones where
residential uses are permitted, provided that:
A. The residential solar energy system complies with all space, height, and bulk requirements, as outlined in §
232-9 of this chapter; and
B. The residential solar energy system is incidental and subordinate
to the residential dwelling unit(s).
Any person aggrieved by a decision of the Code Enforcement Officer under this chapter may appeal the decision to the Board of Adjustment and Appeals. The appeal shall be subject to the procedures established by §
315-77 of the Zoning Ordinance.
This chapter becomes effective upon approval by the Cumberland
Town Council.