The Village of Sylvan Beach recognizes that solar energy is a clean,
readily available and renewable energy source. It further recognizes
that energy generated from solar energy systems can be used to offset
energy demand on the grid where excess solar power is generated.
The Village of Sylvan Beach has determined that comprehensive regulations
regarding the development of solar energy systems are necessary to
protect the interests of the Village, its residents and its businesses.
This article aims to accommodate solar energy systems while balancing
the potential impact on neighbors and preserving the rights of property
owners to install solar energy systems. This article is intended to
promote the effective and efficient use of solar energy resources,
set provisions for the placement, design, construction and operation
of such systems, to uphold the public health, safety and welfare,
and to ensure that such systems will not have a significant adverse
impact on the environment, aesthetic qualities and character of the
Village.
Applicability. The requirement of this article shall apply to all
solar energy system and equipment installations modified or installed
after the effective date of this article, excluding general maintenance.
Solar energy system installations for which a valid building permit
has been issued or, if no building permit is presently required, for
which installation has commenced before the effective date of this
article shall not be required to meet the requirements of this article.
Solar energy systems for which a valid permit has been properly
issued or for which installation has commenced prior to the effective
date of this article shall not be required to meet the requirements
of the article.
All solar energy systems shall be designed, erected and installed
in accordance with all applicable federal, state, local and industry
codes, regulations and standards.
Solar energy collectors shall be permitted to provide power
for use by owners, lessees, tenants, residents or other occupants
of the premises on which they are erected, but nothing in this provision
shall be construed to prohibit the sale of excess power through a
"net billing" or "net-metering" arrangement in accordance with New
York State Public Service Law § 66-j or similar federal
or state statute.
If solar storage batteries are included as part of the solar
collector system, they must be placed in a secure container or enclosure
meeting the requirements of the New York State Building Code when
in use and when no longer used shall be disposed of in accordance
with the applicable laws.
Solar energy systems and equipment shall be marked in order
to provide emergency responders with appropriate warning and guidance
with respect to isolating the solar electric system. Materials used
for marking shall be weather resistant. For residential applications,
the marking may be placed within the main service disconnect. If the
main service disconnect is operable with the service panel closed,
then the marking should be placed on the outside cover. For commercial
applications, the marking shall be placed adjacent to the main service
disconnect in a location clearly visible from the location where the
lever is operated.
Qualified solar installer A person who has skills and knowledge related
to the construction and operation of solar electrical equipment and
installations and has received safety training on the hazards involved.
Persons who are on the list of qualified photovoltaic installers maintained
by the New York State Energy Research and Development Authority (NYSERDA),
or who are certified as solar installers for the purposes of this
subsection.
The provisions of this article apply to small-scale solar energy
systems. No small-scale solar energy system or device shall be installed
or operated in the Village except in compliance with this article.
Rooftop and building-mounted solar collectors. Rooftop and building-mounted
solar collectors that constitute small-scale solar energy systems
are permitted in all zoning districts subject to the following conditions:
All rooftop and building-mounted solar collectors shall meet
all applicable standards set forth in the New York State Uniform Fire
Prevention and Building Code.
Building-integrated photovoltaic (BIPV) systems, BIPV systems
that constitute small-scale solar energy systems are permitted in
all zoning districts and shall be shown on the plans submitted for
the building permit application for the building containing the system.
All BIPV systems shall meet all applicable standards set forth in
the New York State Uniform Fire Prevention and Building Code.
Freestanding or ground-mounted solar energy systems. Freestanding
or ground-mounted solar collectors that constitute small-scale solar
energy systems are prohibited except for municipal facilities.
Solar-thermal systems. Solar-thermal systems that constitute
small-scale solar energy systems are permitted in all zoning districts
subject to the following conditions:
Solar energy systems and equipment that constitute small-scale
solar energy systems may be permitted only if they are determined
not to present any unreasonable safety risks, including, but not limited
to, related to the following:
Solar collectors and related equipment that constitute small-scale
solar energy systems shall be surfaced, designed and sited so as not
to reflect glare onto adjacent properties and roadways.
All small-scale solar energy systems shall be designed to produce
only so much energy as may be required on the lot or in the building
to be served by the system. The applicant shall submit proof of the
last 12 months of electricity usage for such lot or building or, in
the case where 12 months of electricity usage data cannot be produced,
proof of the projected electricity usage for such lot or building.
Any application that seeks to install a solar energy system that is
designed to produce, or is capable of producing, energy in excess
of the electricity usage data or projection for such building or lot
shall be denied. A letter from the installer certifying this shall
be submitted with the building permit application.
Variances to the distance and equipment requirements of this
chapter are not permitted without a special use permit and variance
from the Zoning Board of Appeals (ZBA).
No solar system shall be located or operated so as to reduce
or impede the amount of sunlight that would fall on an adjoining lot
absent the solar system. A letter from the installer certifying this
shall be submitted with the building permit application.
Delegation to the Planning Board for rulemaking. Recognizing that solar energy system are rapidly changing technologies, the Planning Board shall prepare and modify as necessary, additional guidelines, rules and regulations in order to carry out the spirit and intent of this chapter and incorporate them in the guidelines as provided for in Chapter 136, after their acceptance by the Village Board pursuant to Chapter 136 of the Village Code.
Severability. If any clause, sentence, paragraph, subdivision, section
or part of this chapter shall be adjudicated by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment is rendered.
Furnaces wood-burning outdoors (FBO) are not permitted in the
Village, except for units installed prior to the effective date of
this local law.
Wind energy conversion systems are not permitted in the Village.