Lowville City Zoning Code
ARTICLE VI
Solar Energy Systems
§ 201-605 Small solar energy systems.
Small solar energy systems are permitted as an accessory use in all zones, in accordance with state and local building, electric and fire code requirements. A combined zoning, building and electrical permit may be issued for grid-tied solar electric systems that meet the requirements of the New York State unified solar permit. Small solar energy systems that do not meet those requirements shall require a zoning permit as well as all other applicable permits.
A.
A system is considered a small solar energy system only if its supplies electrical or thermal power primarily for on-site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company. The owner of the small solar energy system shall provide written confirmation with the application that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves such connection. Off-grid systems shall be exempt from this requirement.
B.
Any upgrades, modifications, or changes that materially alter the size or placement of an existing solar energy system shall comply with the provisions of this chapter.
C.
Design and installation.
(1)
The design and installation of small solar energy systems shall conform to the existing industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratory (UL), the American Society for Testing and Materials (ASTM), New York State Energy Research and Development Authority (NYSERDA), or other similar certifying organizations, and shall comply with the Uniform Building and Fire Code and with all other applicable fire and safety requirements. The manufacturer's specifications shall be submitted as part of the application.
(2)
All exterior electrical and/or plumbing lines must be buried below the surface of the ground and placed in a conduit unless the panels for electrical or thermal are installed on a structure that is either the main structure or a structure attached to the main structure which is receiving the benefit from the panels.
(3)
Small solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited structure on adjacent properties as well as adjacent public streets, roads and highways.
D.
Height restrictions. Solar energy systems must meet the following requirements:
(1)
Building- or roof-mounted solar energy systems shall not exceed the maximum allowed height in any zone. For purposes of height measurement, solar energy systems other than building integrated systems are considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices.
(2)
Ground- or pole-mounted solar energy systems shall not exceed 20 feet.
E.
Setback. Solar energy systems must meet the accessory structure setback requirement for the zone in which the system is located. In addition to the building setback, the collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. Ground- or pole-mounted solar energy systems shall not be located in front yards.
F.
Plan applications. Plan applications for small solar energy systems shall be accompanied by to-scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mounted system, including the property lines. Applicants must identify a qualified installer or provide proof that the system they propose to install has been designed as a so-called "plug and play" system so that the applicant can plug the system into an existing PV circuit.
(1)
Pitched-roof-mounted solar systems. For all roof-mounted systems on pitched roofs, the elevation must show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted. Roof-mounted system applications shall include a roof load analysis performed by a structural engineer.
(2)
Flat-roof-mounted solar systems. For flat roof applications, a drawing shall be submitted showing the distance to the roof edge and any parapets on the building and shall identify the height of the building on the street frontage side, the shortest distance of the system from the street frontage edge of the building, and the highest finished height of the solar collector above the finished surface of the roof. Roof-mounted system applications shall include a roof load analysis performed by a structural engineer.
G.
Utility notification. The owner of the small solar energy system shall provide written proof that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also that the utility approves of such connection. Off-grid systems shall be exempt from this requirement.
§ 201-610 Principal solar energy systems.
A.
A principal solar energy system shall be permitted by special use permit in the Auto Commercial (AC) and Industrial (I) Zones.
B.
Acreage. A proposed principal solar energy system may not be installed on a lot smaller than five acres.
C.
Height and setback. Panels mounted on the roof of any building will be subject to the height requirements specified for the underlying zone, but in no event shall they stand more than 10 feet above the roofline of the building. Ground- or pole-mounted solar energy systems shall not exceed 20 feet. Principal solar energy systems must comply with all minimum yard depth standards established for the underlying zone.
D.
Compliance. The construction and operation of a principal solar energy system shall comply with all applicable local, state, and federal requirements including but not limited to all safety, construction, electrical and communications requirements. All buildings and fixtures forming part of the system shall comply with the Uniform Building and Fire Code. No principal solar energy system shall be constructed without first obtaining a building permit.
E.
Application.
(1)
Applicant shall provide:
(a)
A site plan showing property lines and physical features, including roads; proposed changes to the landscaping of the site, grading, vegetation clearing and planting, exterior lighting, screening, vegetation or structures; blueprints or drawings of the proposed system signed by a New York-licensed professional engineer showing the proposed layout of the system; electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices; documentation of the major system components to be used. All plans and maps shall be prepared and stamped by a professional engineer licensed in the State of New York.
(b)
Name and address of the proposed installer.
(c)
An operation and maintenance plan.
(d)
Proof of liability insurance or the ability to secure same in an amount adequate for the size, scope, and other details of the proposed project.
(2)
The Planning Board may waive certain documentary requirements as it deems appropriate.
F.
Utility notification. The applicant will provide proof that the local utility company has been informed of the system owner or operator's intent to install an interconnected system. Off-grid systems shall be exempt from this requirement.
G.
Signage. The facility shall have a sign which provides a twenty-four-hour emergency contact telephone number.
H.
Utility connections. Where at all possible, utility connections and transmission lines shall be underground depending on soil conditions, topography, and requirements of the utility company permitting.
I.
Safety and environmental.
(1)
The system owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local fire chief. Upon request, the owner or operator will cooperate with local emergency services to develop an emergency response plan. All means of shutting down the system will be clearly marked. At all times during the life of the project, the owner or operator shall identify a responsible person for inquiries.
(2)
Land clearing, soil erosion. Clearing of natural vegetation shall be limited to what is necessary for the construction and operation of the system or as otherwise governed by applicable law.
J.
Monitoring and maintenance. The system owner or operator shall maintain all facilities in good condition. Maintenance shall include but not be limited to painting, structural repairs, and integrity of security measures. Site access shall be maintained in an acceptable manner to local fire and emergency services departments.
K.
Abandonment or decommissioning. Any principal system which has reached the end of its useful life or has been abandoned, which shall mean failure to operate without consent of the Village Board, for more than one year, shall remove all facilities within 180 days of operations being discontinued. Decommissioning shall consist of removal of all installations, structures, equipment, security barriers and transmission lines from the site. All solid and hazardous waste will be disposed of according to applicable law. Stabilization or revegetation of the site will be done as necessary to minimize erosion.
L.
Financial surety. Applicants shall provide prior to approval a form of surety through escrow account, bond, or otherwise in an amount sufficient to pay for removal of the installation and site remediation as set forth above in an amount and form determined to be reasonable by the Planning Board.