The Board of Trustees desires to facilitate the use of solar
energy collectors to further energy saving and conservation, but the
Trustees also recognize that regulation of the construction, placement,
and operation of solar energy collectors are matters of public importance
which concern issues of aesthetics, lighting, and the possible depreciation
of property values by reason of improperly installed, placed, maintained,
or operated solar energy collectors. This section shall be read and
construed in furtherance of the foregoing purposes and is enacted
under the authority granted by New York State Village Law § 7-700.
All solar energy collectors shall be subject to the following
requirements:
A.
Solar energy collectors shall be permitted a) to provide power for
use by owners, lessees, tenants, residents, or other occupants of
the premises on which they are erected; b) to capture solar energy
and convert it to electrical energy for interconnection to the utility
grid under New York State regulations for remote net-metering and/or
community-distributed generation (CDG or community solar); or c) to
promote usage of alternate energy sources consistent with any solar
energy programs approved by the New York State Energy Research and
Development Authority (NYSERDA) in accordance with New York Public
Service Law § 66-j or similar state or federal statute.
B.
A building permit shall be required for installation of all solar
energy collectors, which shall be considered structures for the purpose
of compliance with all Village codes.
C.
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the National Electric Code, NYS Uniform
Fire Prevention and Building Code ("Building Code"), the NYS Energy
Conservation Code ("Energy Code"), and the Code of the Village of
Briarcliff Manor ("Village Code").
D.
Whenever practicable, solar energy collectors shall be located in
areas and ways which most mitigate their visibility from surrounding
properties.
E.
All solar collector installations must be performed by a qualified
solar installer, and prior to operation, the electrical connections
must be inspected by a third-party electrical inspector acceptable
to the Building Inspector. In addition, any connection to the public
utility grid must be inspected by the appropriate public utility.
A qualified solar installer shall be 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 eligible photovoltaic installers
maintained by the New York State Energy Research and Development Authority
(NYSERDA), or who are certified as a solar installer by the North
American Board of Certified Energy Practitioners (NABCEP), shall be
deemed to be qualified solar installers for the purposes of this definition.
Persons who are not on NYSERDA's list of eligible installers or NABCEP's
list of certified installers may be deemed to be qualified solar installers
if the Building Inspector or such other Village officer or employee
determines such persons have had adequate training to determine the
degree and extent of the hazard and the personal protective equipment
and job planning necessary to perform the installation safely. Such
training shall include the proper use of special precautionary techniques
and personal protective equipment, as well as the skills and techniques
necessary to distinguish exposed energized parts from other parts
of electrical equipment and to determine the nominal voltage of exposed
live parts.
F.
Solar energy systems shall be maintained in good working order.
G.
When solar storage batteries are included as part of the solar collector
system, they must be placed in a secure container or enclosure meeting
all applicable requirements when in use and when no longer used shall
be disposed of in accordance with the laws and regulations of the
Village and other applicable laws and regulations.
H.
Marking of equipment.
(1)
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.
(2)
For commercial application, the marking shall be placed adjacent
to the main service disconnect in a location clearly visible from
the location where the lever is operated.
Solar energy collectors shall be permitted as an accessory use
in any single-family residential zoning district, subject to the following
requirements:
A.
Solar energy collectors mounted on a building or the roof of a building:
(1)
Shall not extend beyond the roof area and shall comply with access
and pathway requirements per the Codes of the State of New York.
(2)
Shall be mounted no more than 12 inches above the surface to which
they are affixed.
(3)
Shall be, where practicable, installed in a manner that minimizes
their visibility from public locations but still maintains their functional
integrity and viability, and:
(4)
All solar collectors shall have antireflective coatings to minimize
glare.
(5)
Shall not exceed 18 inches above the maximum building height allowed
in the underlying zoning district.
B.
Freestanding solar energy collectors:
(1)
Shall comply with setback requirements as follows:
(a)
When placed in a rear, front, or side yard, shall comply with
all accessory building lot line setback requirements and be no less
than 15 feet from every lot line at all points.
(2)
Shall eliminate any visual disturbance from neighboring properties
and from streets and be screened when possible and practicable through
the use of architectural features, earth berms, landscaping, or other
screening which will harmonize with the character of the property
and surrounding area.
(3)
Shall not exceed i) 5% of the lot area for any lot less than 80,000
square feet; and ii) 2.5% of the lot area for all other lots.
(4)
Shall not exceed the maximum height of the greater of i) 20 feet
and ii) the maximum height for an accessory structure of the building
zone of the underlying property.
(5)
Shall require a plan submitted to the Building Inspector as a requirement
for the issuance of a building permit, i) indicating all existing
and proposed grading, excavating, filling, paving, fencing, and screening
as it may relate to the proposed collector; ii) specifying the location
of all property lines and neighboring buildings; and iii) complying
with the requirements and standards of this section. The Building
Inspector may refer any such application to the Planning Board for
review and comment, but nothing contained in any such review or comment
shall limit or otherwise affect the authority of the Building Inspector
for issuance or denial of the permit.
Solar energy collectors shall be permitted as an accessory use in any multifamily, business, or central business zoning district, subject to site plan approval under Village Code § 220-14C and the following additional requirements:
A.
Solar energy collectors shall comply with all the requirements of
a solar energy collector placed in a single-family residential zone.
B.
The plan submitted to the Building Inspector as a requirement for the issuance of a building permit shall i) indicate all existing and proposed grading, excavating, filling, paving, fencing, and screening as it may relate to the proposed collector; ii) indicate the location of all property lines and neighboring buildings; iii) comply with the requirements and standards of this section and of Village Code § 220-14; and iv) be referred to the Planning Board for site plan approval under Village Code § 220-14C.
Large-scale solar collectors or solar farms may be permitted on lots larger than 400,000 square feet and shall require a special use permit in accordance with § 220-6, Special permit uses.
B.
Legally authorized solar energy collectors constructed or installed
prior to the effective date of this article shall not be required
to meet the requirements of this article.
C.
Modifications to an existing solar energy collector that increase
the collector's area by more than 20% shall be subject to this article.
