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HomeMy WebLinkAboutDRAFT Proposed Local Law 2015-D Solar Arrays.pdfEXHIBIT 2016-066 Revised VILLAGE OF CAYUGA HEIGHTS DRAFT PROPOSED LOCAL LAW D OF THE YEAR 2015 A LOCAL LAW TO ESTABLISH SOLAR ENERGY COLLECTOR REQUIREMENTS Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: SECTION I PURPOSE AND INTENT It is the intent of this local law to facilitate the use of solar energy collectors to encourage renewable energy, but also recognizes that regulation of the construction, placement, and operation of solar collectors are matters of public importance involving issues of safety, neighborhood character, and possible depreciated property values by reason of improperly installed, placed, maintained, or operated collectors. SECTION II AUTHORITY This Local Law is enacted pursuant to the grant of powers to local governments provided in Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provision of the New York State Constitution and not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal home Rule Law. SECTION III GENERALLY APPLICABLE STANDARDS All solar energy collectors shall be subject to the following requirements: 1. Solar energy collectors shall be permitted only to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit the sale of excess power through “net metering” or “net billing” or a similar program in accordance with New York Public Service Law 66-J or similar state or federal statute; 2. Solar collectors shall be designed, located, and tilted to prevent reflective glare toward inhabited buildings on adjacent properties and toward vehicles on adjacent roads; 3. Solar energy collectors shall be located in areas and ways which mitigate their visibility from surrounding properties without hindering energy production; 4. Solar energy collectors shall be considered structures for the purpose of compliance with Village laws and ordinances, shall require a building permit and certificate of occupancy issued by the Village’s Code Enforcement Officer, and shall comply in their design, construction, and operation with all other Village laws and ordinances, unless specifically excluded by this section. Rooftop mounted solar collectors are permitted in all zoning districts in the Village. Building permits shall be required for installation of rooftop mounted solar collectors, subject to the following requirements: 1. The area covered by collectors shall not exceed eighty (80) percent of the entire roof area; 2. There shall be a minimum set back from all roof edges in accordance with New York State Building Code; 3. On a pitched roof, collectors shall be mounted no more than twelve (12) inches above the roofing surface to which they are affixed, and shall not extend beyond the highest point of the roof; 4. On a flat roof, collectors shall be installed in a manner and to a height that minimizes their visibility from surrounding properties and roads, without hindering energy production; Ground-mounted solar collectors are permitted as an accessory use in all zoning districts of the Village, subject to the following requirements: 1. Collectors shall be located in side or rear yards; 2. Collector locations meet all applicable setback requirements of the zone in which they are located; 3. The height of any collector and any mount shall not exceed 15 feet from ground elevation at any point when oriented at maximum tilt; 4. The total surface area of all such collectors on any one lot shall not exceed 500 square feet; (in question) 5. The area beneath any collector shall be included in the calculation of lot area coverage; 6. Any collector may not be sited within a riparian streamside buffer or any buffer required for some other conservation purpose; 7. A building permit is required prior to any collector and mount installation; 8. Such installations should employ where practicable vegetative landscape screening and, if necessary, other screening methods which harmonize with the character of the property and surrounding neighborhood to minimize collector and mount visibility from adjacent properties and roads; 9. Installations should minimize view blockage from and shadow impacts on neighboring properties; 10. Installations must be performed by a qualified solar installer; 11. 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 State Building Code when 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; 12. If a collector ceases to perform its originally intended function for more than twelve (12) consecutive months, the property owner shall remove the collector, mount, and associated equipment and facilities by no later than ninety (90) days after the end of the twelve (12) month period; 13. 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, arrangement, size, design, and general site compatibility of any proposed collector. SECTION IV APPEAL In the event that any owner of any property located in the Village determines that they are aggrieved by the moratorium imposed by this Local Law, said owner may apply to the Village’s Board of Zoning Appeals to seek an area variance for the construction of a ground solar facility on their property, and the Board of Zoning Appeals shall review such appeal in accordance with the procedural and substantive requirements of an area variance appeal. SECTION V PENALTIES FOR OFFENSES Any person who, themselves or by an agent or employee, shall violate any of the provisions of this Local Law, shall be guilty of a violation and subject to a fine of not less than $100 and not more than $500 per offense. Each day’s violation shall constitute a separate offense. SECTION VI SUPERSEDING EFFECT All Local Laws, Articles, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights in conflict with the provisions of this Local Law are hereby superseded to the extent necessary to give this Local Law full force and effect. Without limiting the foregoing, to any extent that the terms of the Zoning Ordinance of the Village of Cayuga Heights, including, but not limited to, the terms of Section 2 thereof, are deemed to be in conflict with the moratorium imposed by this Local Law, the terms of this Local Law shall govern and control. SECTION VII PARTIAL INVALIDITY. In the event that any portion of this Local Law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. SECTION VIII EFFECTIVE DATE. This Local Law shall be effective immediately upon filing in the office of the New York State Secretary of State, except that it shall be effective from the date of its service as against a person served with a copy thereof, certified by the Village Clerk, and showing the date of its passage and entry in the Minutes of the Village Board of Trustees.