Cayuga Heights Village
City Zoning Code
City Zoning Code
ARTICLE XV
Solar Energy Collectors
§ 305-106 Purpose.
The purpose of this article is to facilitate the use of solar energy collectors to encourage the development of renewable energy sources, but also to recognize that regulation of the installation, location maintenance 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, located, maintained or operated collectors, and to establish requirements for the installation, location, maintenance and operation of solar collectors on properties in the Village of Cayuga Heights.
§ 305-107 Generally applicable standards.
A.
All solar energy collectors installed in the Village 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 minimize reflective glare toward vehicles on adjacent roads and to the extent practicable toward inhabited buildings on adjacent properties;
(3)
Solar energy collectors shall be located in locations and configurations that mitigate their visibility from surrounding properties to the extent practicable;
(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 chapter.
B.
Roof-mounted solar collectors are permitted in all zoning districts in the Village, subject to the following requirements:
(1)
The area covered by collectors shall not exceed 80% of the entire roof area;
(2)
There shall be a minimum setback from all roof edges in accordance with New York State Building Code;
(3)
On a pitched roof, collectors shall be mounted no more than 12 inches above the nearest adjacent roofing surface to which they are affixed and shall not extend beyond the highest point of the roof; and
(4)
On a flat roof, collectors shall be installed in a manner and to a maximum height not to exceed three feet above the nearest adjacent roofing surface that minimizes their visibility from surrounding properties and roads without hindering energy production.
C.
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 shall meet all applicable setback requirements of the zoning district 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 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 of lot 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 practicable vegetative landscape screening and man-made screening methods which harmonize with the character of the property and surrounding neighborhood to minimize collector and mount visibility from adjacent properties 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 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;
(11)
If a 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 calendar days after the end of the twelve-month period;
(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, arrangement, size, design, and general site compatibility of any proposed collector.
§ 305-108 Enforcement.
A.
The provisions of this article shall be administered and enforced by the Village's Zoning Officer who shall have the authority to make necessary inspections in accordance with Article XVI.
B.
If the Zoning Officer determines that any solar energy collector does not comply with the provisions of this article, the Zoning Officer shall notify, in writing, the owner of the premises to bring the solar energy collector into compliance with the provisions of this article within 30 calendar days of the date of such notice.
§ 305-109 Appeals.
In the event that any owner of any property located in the Village determines that they are aggrieved by the requirements of this article, said owner may apply to the Village's Zoning Board of Appeals to seek an area variance for the construction of a solar collecting facility on their property, and the Zoning Board of Appeals shall review such appeal in accordance with the procedures set forth in Article XX.