Oyster Bay Cove City Zoning Code
ARTICLE XIII
Solar Energy Systems
[Added 5-15-2012 by L.L. No. 2-2012]
§ 320-79 Legislative intent.
The Board of Trustees of the Village of Oyster Bay Cove determines that it is in the best interest of its residents to set forth regulations establishing standards for the safe installation of residential solar energy systems discussed herein under federal and state laws, statutes, rules and regulations.
§ 320-80 Purpose and objectives.
The proliferation of residential solar energy systems as an environmentally friendly and cheaper energy alternative is expected in the coming years, and this equipment and the installation thereof must be reasonably regulated in order to protect the health, safety and welfare of the citizens of the Village of Oyster Bay Cove and, to the maximum degree possible, to coordinate and control the same to preserve and protect the aesthetic qualities of the Village of Oyster Bay Cove and its neighbors. The Village recognizes the demand for residential solar energy systems and the need for the services they provide. This article regulates standard installations only, as defined herein. The intent of this article is to create a streamlined application process and to ensure that any proposed solar energy system is designed, built and located with sound planning by:
A.
Promoting the health, safety and welfare of the residents of the Village.
B.
Minimizing adverse visual effects of solar energy systems and protecting the natural features, aesthetics and residential character of the Village through careful planning, design, location, buffering and screening. To the greatest extent possible, the footprint of the solar energy system and any ancillary structure shall be minimized.
C.
Avoiding potential damage to adjacent properties from solar electric panels or falling debris through reasonable engineering and careful siting of solar energy system structures.
§ 320-81 Definitions.
As used in this article, the following terms shall have the meanings indicated:
APPROVED CONTRACTOR
For purposes of this article, a contractor whose credentials were reviewed and approved by either the Building Inspector or the Long Island Power Authority (LIPA) as evidenced by the list, to be maintained and published by LIPA, of installers whose credentials have been prescreened.
APPROVED EQUIPMENT
Solar panel equipment for a standard installation that shall include the following:
A.
Photovoltaic (PV) panels certified by a nationally recognized testing laboratory as meeting the requirements of the Underwriters' Laboratories (UL) Standard 1703;
B.
Inverters on a list of New York State Public Service Commission type-tested inverters which are tested by UL or other nationally recognized laboratories to conform with UL Standard 1741; and
C.
Residential solar hot water (RSHW) equipment certified by the Solar Rating and Certification Corporation under its OG-100 standard for solar collectors.
APPROVED INSPECTOR
For purposes of this article, electrical underwriters who are already required to perform the electrical inspection of the system and who certify that they have been trained to perform the third-party PV inspection, or a third party designated by LIPA on a list of trained PV inspectors maintained by LIPA.
PHOTOVOLTAIC (PV) SYSTEM
A system which uses one or more solar panels to convert sunlight into electricity. It consists of multiple components, including, but not limited to, the photovoltaic modules, mechanical and electrical connections and mountings, and means of regulating and/or modifying the electrical output.
RESIDENTIAL SOLAR HOT WATER (RSHW) SYSTEM
Equipment that utilizes the sun's energy to heat water needed for one's home and/or principal dwelling.
SOLAR PANEL INSTALLATIONS
Solar electric panel and solar hot water installations where the installation is to be flush mounted on a residential roof and to be installed by an approved contractor using approved equipment.
STANDARD INSTALLATION
For purposes of this article, a solar energy system, connected to LIPA's electrical grid, with a gravity roof load of no more than five pounds per square foot for photovoltaic (PV) and six pounds per square foot for residential solar hot water (RSHW), that is flush mounted, using a racking system approved by a licensed New York State professional engineer or registered architect on a residential roof with an eighteen-inch-wide clear path at the roof ridge.
§ 320-82 Solar installation permit required; application; fee.
A.
No solar energy system shall be constructed, maintained, or permitted within the Village of Oyster Bay Cove unless a written application shall be made for a solar permit to the Building Inspector for the Village of Oyster Bay Cove.
B.
The application fee for the construction of a solar energy system shall be $50. Such fee may be further amended from time to time by the Board of Trustees through a Board resolution.
C.
Notwithstanding permit application fees, the applicant shall also be responsible for all professional fees, if any, incurred by the Village in reviewing the application. Said fees must be paid within 10 days of being billed and, if not paid, the application shall be deemed abandoned.
D.
The applicant shall submit three copies of its application to the Village Clerk, together with the following:
(1)
A current survey of the property if the solar energy system is proposed for an accessory structure on the property. A survey is not required if the solar energy system is proposed for the principal dwelling.
(2)
A certified drawing depicting the solar panel location and layout on the roof.
E.
A professional engineer or registered architect is required to certify the load-bearing and wind-load sufficiency of the subject solar installation.
F.
The contractor must be an approved contractor.
G.
The permit shall be limited to approved equipment.
H.
The Building Inspector shall make a determination within 14 days of the submission of a completed application.
§ 320-83 Application requirements for PV and RSHW system permits.
Before approval and issuance of a permit for a grid-tied photovoltaic (PV) system or a residential solar hot water (RSHW) system, the applicant shall submit:
A.
A completed Fast-Track Permit Requirements Checklist on the Building Inspector's approved form.
B.
Three sets of plans which include:
(1)
A cover sheet identifying the:
(a)
Project address, map, section, block and lot number of the property;
(b)
Owner's name, address and phone number; and
(c)
Name, address and phone number of the person preparing the plans;
(2)
A sheet index indicating each sheet title and number;
(3)
A legend for symbols, abbreviations and notations used in the drawings;
(4)
Configuration diagrams prepared by a professional engineer or registered architect (see samples[1]) which are sketched (hand-drawn or better) as follows:
(a)
A roof diagram depicting modules or collectors and racking configuration on designated surface(s), to scale, and dimensioned. The diagram should include any eighteen-inch clearance/access required as noted in the Fast-Track Permit Requirements Checklist criteria.
(b)
An equipment location diagram indicating the location(s) of:
[1]
The modules or collectors;
[2]
The main electrical service;
[3]
The inverter(s);
[4]
All equipment disconnects on the outside of the structure (e.g., the A/C disconnect);
[5]
Any interior equipment locations.
(c)
A one-line standard electrical diagram.
[1]
Editor's Note: Said samples are on file in the Village offices.
(5)
A property survey, if the system is proposed for an accessory structure.
C.
A Fast-Track Project Information Sheet on the Building Inspector's approved form.
§ 320-84 Third-party inspections.
The Village of Oyster Bay Cove reserves the right to inspect and certify all applications, but hereby authorizes third-party inspections and certifications by approved inspectors which are to be paid for by the applicant before issuance of a permit. Such third-party inspectors must supply the Village with proof that they have received the appropriate training in evaluating solar installations based on nationally recognized guidelines.
§ 320-85 Discontinued use.
If a solar energy system ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the solar energy system and all primary and secondary equipment and facilities by no later than 90 days after the end of the twelve-month period.