[HISTORY: Adopted by the Board of Trustees of the Village
of Poquott 7-12-2012 by L.L. No. 5-2012. Amendments noted where applicable.]
A.
This chapter shall be entitled "A Local Law Regulating the Installation
and Construction of Certain Solar and Wind Power Generation Facilities,
as well as their support facilities within the Village of Poquott."
B.
Enactment. Pursuant to § 10 of the Home Rule Law, the Incorporated
Village of Poquott, County of Suffolk, State of New York, hereby enacts
this Local Law No. 5 of 2012 of the Incorporated Village of Poquott.
C.
Effective date. This chapter shall become effective upon filing with
the New York State Secretary of State.
The purpose and intent of this chapter are to:
A.
Facilitate the orderly construction and installation of certain solar
and wind electricity generating facilities, as well as their support
facilities, within the Village, so as:
(1)
To protect the property values, and use and enjoyment of property
in the Village of Poquott; and
(2)
To protect and ensure that aesthetic attributes of the Village of
Poquott are preserved and enhanced;
(3)
To promote and facilitate continued future use of renewable energy
resources within the Village.
B.
The Village Board of Trustees has concluded that the installation
and construction of certain solar and wind electricity generating
facilities, as well as their support facilities, on residential properties
and on homes, will have an adverse impact upon aesthetic values and
use and enjoyment of property within the Village.
C.
The Village Board of Trustees has also concluded that the installation
and construction of solar and wind electricity generating facilities,
as well as their support facilities, on residential properties and
on homes, will have a detrimental influence upon residential and recreational
uses of property, as well as real estate values in the Village.
D.
The Village Board of Trustees has concluded that the generation of
electricity by wind power upon residential lots is not feasible in
the Village of Poquott. The Board has reached this conclusion based
upon the fact that wind flows necessary to generate reasonable electric
power can only be attained by constructing very tall windmills that
will be situated necessarily on residential lots. In light of these
findings, and upon those listed above, the Board determines that the
benefit of permitting wind electricity generating facilities and wind
support facilities on residential lots within the Village of Poquott,
when measured against the amount of electricity that will be created
therefrom, is greatly outweighed by the adverse impacts that these
facilities will have upon real estate values in the Village, aesthetic
values and the use and enjoyment of property within the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
Radiant energy (direct, diffuse and reflected) received from
the sun.
A permit application process limited only to those permit
applications which are in full accordance with the specifications,
requirements and limitations set forth and provided in the Long Island
Unified Solar Permit Initiative, with respect to residential rooftop
solar energy system installations of PV and RSHW systems.
A structure or arrangement and combination of components,
including but not limited to solar collectors and solar, any supply
lines, return lines, control valves, wiring, meters, switches, modules,
inverters or other devices and their cabinets associated with the
installation or function of a solar energy system designed to provide
heating, cooling, hot water or electricity through the process of
collecting, converting, storing, protecting against unnecessary dissipation
and the distributing of solar energy. Such definition shall include
photovoltaic (PV) and residential solar hot water panels (RSHW).
Any mechanism designed for the purpose of converting wind
energy into electrical energy, which is used to generate power on
site by the property owner or homeowner, or to feed to the electric
grid of a utility company.
The related infrastructure, electrical lines and substations,
poles, towers, mounts, and any accessory structures appurtenant to
any wind electricity generating facility or facilities.
A.
The provisions of this chapter shall apply to all residential properties
within the Village of Poquott, as well as all property situate within
the bounds of the Village of Poquott. This provision shall apply to
those activities that require a building permit, or a special use
permit, and the provisions of this chapter shall equally apply to
the installation and construction of solar structure or facility and
wind electricity generating facilities, as well as their support facilities
in the Village of Poquott.
B.
Subject to Subsection C of this section, existing solar structures or systems which are legally existing at the time that this chapter shall take effect and which are functioning shall be permitted to continue to exist under this chapter, and shall be deemed to be in compliance with this chapter, provided that at all times they do not violate the requirements set forth in § 125-8 of this chapter, and that there is no reconstruction or renovation of more than 25% of the solar structures or systems that are in existence at the time of the enactment of this chapter as determined by the Village Building Inspector. In such an event, the existing solar structures or systems shall lose their grandfathered status and the nonconforming solar structure or systems must be made to conform to the requirements of this chapter.
C.
Section 125-7A(1)(e) of this chapter shall apply retroactively to any and all solar structures and systems that are installed within the Village of Poquott, whether or not they would have been in compliance with the Solar Energy System Fast-Track Permit Application.
A.
It shall be unlawful to construct any wind electricity generating
facility or facilities, and wind support facility or facilities within
the Village of Poquott.
B.
Ground-mounted and freestanding solar collectors that are not attached
to the roof of the primary residence or secondary accessory building
are prohibited within the Village of Poquott.
A.
A building permit shall be required for the construction, reconstruction,
moving, demolition, structural alteration, or change, with respect
to solar structures and systems and solar collectors within the Village
of Poquott.
B.
The Board of Trustees, by resolution, shall from time to time set
the fees for building permits under this chapter.
A.
Rooftop PV and RSWH are permitted in all zoning districts in the
Village of Poquott, subject to the following requirements:
(1)
The Building Inspector shall have the authority to approve applications
that meet each and every one of the requirements provided for in the
Solar Energy System Fast-Track Permit Application.
(a)
Every such application that meets the requirements of the Solar
Energy System Fast-Track Permit Application, shall be accorded the
consideration and treatment pursuant to the fast-track permit process,
as set forth in the Long Island Unified Solar Permit Initiative, with
respect to residential rooftop solar energy system installations of
PV and RSHW systems, except that the Village may charge a building
permit application fee greater than that set forth in the fast-track
application; and
(b)
Accessory uses. Solar structures or systems that are in conformance
with this chapter are lawful accessory structures on a residential
lot, and shall be considered accessory uses and shall comply with
all standards and requirements pertaining to accessory buildings and
structures as set forth in the Code of the Village of Poquott; and
(c)
Solar structures or systems shall not exceed the height limitations
of the district within which they are located; and
(d)
No portion of any solar collector may extend beyond the roof
ridge or edge.
(e)
Each property containing a residential rooftop solar energy
system or RSHW system, shall post a sign on the utility meter and
at any alternating current (AC) disconnect switch, indicating that
there is an operational electrical co-generation system on site at
the property. The sign shall be subject to the approval of the Village
Building Inspector.
A.
If any solar structure or system 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 twelve-month period. Any such solar structure or system that was in existence prior to the time that this chapter took effect shall be subject to the terms and conditions of this chapter as enacted in the event that this § 125-8 of this chapter is triggered.
B.
The remedies set forth in this chapter are not the sole or exclusive
remedies available to the Building Inspector, and, in the event that
the solar structures or systems are deemed unsafe, the Building Inspector
may undertake any other lawful act under law, or that are defined
in the Code of the Village of Poquott to ensure the health, safety,
and well-being of the residents and property in the Village.
The Building Inspector of the Village of Poquott shall enforce
this chapter.
A violation of this chapter shall result in a fine in the amount
of $250 per day, as well as any other provisional remedy, or injunctive
relief available at law.
