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HomeMy WebLinkAbout2016-1 Local Law Solar Collector.PDFtsitluge of @spuq u Theigbts MARCHAM HALL 836 HANSHAWROAD Joan M, ITHACA! NEWYORK 14850 Angel (607) 257-1238 fax (607) 2574910 January 27-2016 New York State Department of State Division of Corporations State Records and Uniform Commercial Code One Commerce PIaza, 99 Washington Avenue Albany, NY 12231-0001 Please find enclosed filing documents for village of cayuga Heights Local Law 1 of the Year 2016. A LOCAL LAW TO ESTABLISH SOLAR ENERGY COLLECTOR REQUIREMENTS Feel free to contact me if you have any questions. Thank you. Sincerel5 Brent A. Cross, Engineer Village Clerk & Treasurer /Enclosures Police Dept. & Vilhge Administration OFFICE HOURS 9 AM - 4:30 PM http : //vvww. c a y u g a-he i g hts. ny. u s New York State Department of State Division of corporations, state Records and uniform comrnercial code One CommercePlazq 99 Washington Avenue Albany, Ny 12231-0001 www.dos.state.ny.us/corps Local Law Filing Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining toindicate new matter. i-l counq, (Select one:) E ciry f-l ro.'"tt I x I vittage of I4llaee of Cayuea Ifeiehfs Local Law No. 1 of the Year 2016 A LOCAL LAW TO ESTABLISH soLAR EI\ERGY COLLECTOR REQUIREMENTS Be it enacted by the Board of Trustees of the ! co*ty I Ctry f-l rown |ll vittage (Select one:) of ttre Villaqe of Cayuea Ileights as follows: See Attached Pages 1-3 and Certification page VILLAGE OF CAYUGA IIEIGIITS Local Law 1 of the year 2016 A LOCAL LAW TO ESTABLISH SOLAR ENERGY COLLECTOR REQUIRI]MENTS Be it enacted by the Board of rrustees of the village of cayrga HeigJots as follows: SECTION I PURPOSE AND INTENT It is the intent of this Local Law to facilitate the use of solar energy coliectors to encourage the development of renewable energy sources' but also to recognize that regulation ofthe installation, Iocation maintenance and operation ofsolar collectors are matters of public impoftance involving issues of safety, neighborhood character, and possible depreciated property values by reason of improperly installed, located, maintained or operated collectors. The purpose of this Local Law is to establish requirements for the installation, location, maintenance and operation of solar collectors on properties in the Village ofCaluga Heights (the "Village',). SECTION II AUTHORITY This Local Law is enacted p*t*"t t" th. grant of powers to local governments provided in Section l0 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provision of the New york State Constitution andnot inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section l0 of the Municipal home Rule Law. SECTION III A. Al1 solar energy c o the following requirements: l. tenants, residents, provision shall be similar program in Solar collectors shall be designed, located, and tilted to minimize reflective glare toward vehicles on adjacentroads and to the extent practicable toward inhabited buildings on adjacent properties; and Solar energy collectors shall be located in locations arrd configulations that mitigate their visibility fromsurrounding properties to the extent practicable; and 4. purp( Iaws andof or e's Codection, lage laws B' Roof mounted solar collectors are permitted in all zoning districts in the Village, subject to the following requirements: l' The area covered by collectors shall not exceed eighty (8}%)percent ofthe entire roofarea; There shall be a minimum set back from all roof edges in accordance with New york State Buildine code: on a pitched roof, collectors shall be mounted no more than twelve (12) inches above the nearest adjacentroofing surface to which they are affrxed and shall not extend beyond the highest point ofthe roofl and on a flat roof, co a manner and to a maximum height not to exceed three (3) feetabove the nearest minimizes their visibility from srirounding properlies and roads,without hindering 2. 3- 2. +. Page 1of3 C. Ground-mounted solar collectors are permitted as an accessory the following requirements : 1. Collectors shall be located in side or rear vards: use in all zoning districts of the Village, subject to 2. Collector locations shall meet all applicable setback requirements of the zoning dishict in which they are located; 3. The height ofany collector and any mount shall not exceed 15 feet from ground elevation at any point when oriented at maximum tilt; 4. The total footprint on the ground of all such collectors on any one lot shall not exceed 500 square feet; 5' The area beneath any collector shall be included in the calculation oflot area coverage; 6. No collector may be sited within a riparian streamside buffer or any buffer required for some other conservation purpose; 7' Such installations should employ where practicabTe vegetative lanclscape screening and.man-made screeningmethods which harmonize with the character of the property and surrounding ieighborhood to minimize collector and mount visibility from adjacent properlies and roads; 8. Installations should minimize view blockage from and shadow impacts on neighboring properties; 9. Installations must be performed by a qualified solar installer; 10. When 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 Sl.ate Building Code wtren in use and, when no longer used, shall be disposed of in accordance with the laws and regulations of Tompkins County and other applicable laws and regulations; 11. If a collector ceases to perform its originally intended function for more than twelve (12) consecutive months, the property owner shall remove the collector, moun! and associaterl equipment and iacilities by no later than ninety (90) days after the end of the twelve (12) month period; and 12. For a project that requires site plan approval, and which also includes the installation of ground-mounted solar collectors, the site plan review shall include review of the adequacy, location, arrangemlent, size, design, and general site compatibility of any proposed collector. SECTIONIV APPEAL In the event that any owner of any property located in the Village determines that they are aggrieved by the requirements ofthis Local Law, said owner may apply to the Village's Board of Zoning Appeals to seek ur ir"u variance for the construction of a solar collecting facility on their property, and the Board. of Zoning nppeals shall review such appeal in accordance with the procedural and substantive requirements ofan area variance app"a1. SECTION V PENALTIES F'OR OFFENSES AND ENFORCEMENT Any person who, themselves or by an agent or employee, shall violate any ofthe ptouitions of this Local Law, shall be guiltyof a violation and subject to a fine of not less than $100 and not more than $5b0 per offense. Each day,s violation shall constitute a separate offense. The terms ofthis Local Law will be enforced by the Viilage's Code Enforcement Officer. SECTION VI ST]PERSEDING EFFECT All Local Laws, Articles, resolutions, rules, regulations and other gnactments of the Village of Cal,uga Heights in conflictwith the provisions of this Local Law are hereby superseded to the ext effect. v/ithoutfunitngthe foregoing,to any extentthatthe terms of the are deemed to be in conflict with the requirements of this Local Law, the Page2 of3 SECTIONVII PARTIALINVALIDITY In the event that any portion of this tocal Law is declared invalid by a court of competent jurisdiction, the validity oftheremaining portions shall not be affected by such declaration otinvafaiw. Secretary ofState, except that certified by the Village Clerk, Page 3 of3 I hereby certify that the local law annexed hereto, designated as local law No. 1 of 2016 ofthe Village of cayuga Heights was duly passed by the Board of Trustees on January 19,2016, in accordance with the applicable Village of Cayuga Heights Board of Trusteesprovisions of law. I further certify that. I have compared the preceding local law with the original on file in this officeand that the same is a correct transcript therefrom and of the whole of sich original local law,and was finally adopted in the manner indicated in the paragraph above. Date: STATE OF NEW YORK }couNTY oF TOMPKINS ) l, the undersigned, hereby certify that the foregoing all proper proceedings have been had or taken for 1 hereto. contains the correct text and that of the local law annexed Viillage Attorney Village of Cayuga Heights tl Date: tfz't,/ ' 6