Village of Sylvan Beach, NY Energy Conversion Systems

Purpose.

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.

(2)

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.

Regulations.

(1)

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.

(a)

The requirements of this article shall apply to solar energy systems modified or installed after the effective date of this article.

(b)

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.

(c)

All solar energy systems shall be designed, erected and installed in accordance with all applicable federal, state, local and industry codes, regulations and standards.

(d)

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.

(2)

Safety.

(a)

All solar collector installations must be performed by a New York State certified solar installer.

(b)

Prior to operation, electrical connections must be inspected by an appropriate electrical inspection person or agency.

(c)

Any connection to the public utility grid must be inspected by the appropriate public utility.

(d)

Solar energy systems shall be maintained in good working order.

(e)

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.

(f)

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.

(3)

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.

(4)

Permits required.

(a)

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.

(b)

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:

[1]

Building permits shall be required for installation of all rooftop and building-mounted solar collectors.

[2]

Rooftop and building-mounted solar collectors shall not exceed the maximum allowed height of the principal use in any zoning district.

[3]

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.

(c)

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.

(d)

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.

(e)

Solar-thermal systems. Solar-thermal systems that constitute small-scale solar energy systems are permitted in all zoning districts subject to the following conditions:

[1]

Building permits are required for the installation of all solar-thermal systems.

(f)

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:

[1]

Weight load.

[2]

Wind resistance.

[3]

Ingress or egress in the event of fire or other emergency.

(g)

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.

(h)

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.

(i)

Solar energy equipment shall not be located in any principal front yard.

(j)

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).

(k)

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.

(5)

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.

(6)

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.