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HomeMy WebLinkAboutLL 11 of 2006 Solar Collectors.doc TOWN OF ITHACA LOCAL LAW NO. 11 OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, ENTITLED ZONING, REGARDING SOLAR COLLECTORS AND INSTALLATIONS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270, Article III, Section 270-5 of the Town of Ithaca Code, entitled “Definitions,” is amended by adding the following definitions for “QUALIFIED SOLAR INSTALLER,” “SOLAR COLLECTOR,” and “SOLAR STORAGE BATTERY”: “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 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 section. 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 Town 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.” “SOLAR COLLECTOR – A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.” “SOLAR STORAGE BATTERY – A device that stores energy from the sun and makes it available in an electrical form.” Section 2. Chapter 270, Article XXVI of the Town of Ithaca Code, entitled “Special Regulations,” is amended by adding Section 270-219.1 as follows: September 12, 2006 1 “§ 270-219.1 Solar collectors and installations. A. Rooftop and building-mounted solar collectors are permitted in all zoning districts in the Town. Building permits shall be required for installation of rooftop and building–mounted solar collectors. B. Ground-mounted and freestanding solar collectors are permitted as accessory structures in all zoning districts of the Town, subject to the following requirements: (1) The location of the solar collector meets all applicable setback requirements of the zone in which it is located. (2) The height of the solar collector and any mounts shall not exceed 20 feet when oriented at maximum tilt. (3) The total surface area of all ground-mounted and freestanding solar collectors on the lot shall not exceed 1,000 square feet. (4) A building permit has been obtained for the solar collector. (5) The solar collector is located in a side or rear yard. C. Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed solar collectors. Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in § 270-191 of this chapter are met, including but not limited to proposed changes to or additions of solar collectors where such changes or additions meet a § 270-191 threshold. D. All solar collector installations must be performed by a qualified solar installer, and prior to operation the electrical connections must be inspected by the Town and by the New York Board of Fire Underwriters or other appropriate electrical inspection agency as determined by the Town. In addition, any connection to the public utility grid must be inspected by the appropriate public utility. E. 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. September 12, 2006 2 F. If a solar collector ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment and facilities by no later than 90 days after the end of the 12 month period.” Section 3. In the event that any portion of this 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 4. This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. September 12, 2006 3