[Adopted 5-23-2006 by L.L. No. 25-2006; amended in its entirety 7-22-2008 by L.L. No. 45-2008]
As used in this article, the following words
and terms shall have the following meanings:
Usually panels or coils of plastic or metal through which
water passes to increase the temperature by using the sun's radiant
energy.
[Added 9-9-2008 by L.L. No. 57-2008]
Any one- or two- family dwelling or multifamily dwelling
(including townhouses) not more than three stories in height, with
a separate means of egress for each dwelling, a minimum of one heating
facility for each four dwelling units, and a separate primary electric
meter for each dwelling unit.
Construction that includes the removal and replacement of
the ceiling, interior finishes of a dwelling which expose the exterior
framing, and more than 50% of any windows, exterior doors, or HVAC
building system.
[Amended 9-9-2008 by L.L. No. 57-2008; 9-23-2008 by L.L. No.
58-2008; 9-22-2009 by L.L. No. 42-2009; 12-13-2011 by L.L. No.
45-2011; 9-27-2016 by L.L. No. 11-2016; 12-14-2021 by L.L. No. 25-2021]
A.
Pursuant
to § 11-109 [NOTE: Chapter 560 of the Laws of 2010, New
York] of the Energy Law of the State of New York, the Town of Southampton,
Suffolk County, New York, hereby accepts the applicability of the
NYStretch Energy Code 2020, and shall enforce the 2020 Energy Conservation
Construction Code of New York State (ECCCNYS) as modified in the manner
contemplated by NYStretch Energy Code 2020. Such local energy conservation
construction code shall consist of the provisions currently set forth
in Part 1240 and in the publications currently incorporated by reference
in Part 1240; provided, however, that the 2020 ECCCNYS and ASHRAE
90.1-2016 shall be deemed to be modified as follows:
(1)
In
each case where a section, table, or appendix in the 2018 IECC or
ASHRAE 90.1-2016 is modified or added to by NYStretch, the corresponding
section, table, or appendix in the 2020 ECCCNYS or ASHRAE 90.1-2016
shall be deemed to be modified in the same manner, subject to the
following exception:
(a)
Section R403.6.2 added to the 2018 IECC by NYStretch shall not be
deemed to be added to the 2020 ECCCNYS.
B.
Residential energy rating index requirements. Any newly built or
substantially reconstructed subject dwelling shall be rated and/or
verified as compliant by an independent Residential Energy Services
Network (RESNET) certified home energy rating system (HERS) rater,
following the protocol set out by RESNET, or equivalent certification
and protocol approved by the Chief Building Inspector. Said protocols
shall be consistent with the requirements of the Energy Rating Index
standards in the 2018 IECC, including all required reviews and diagnostic
tests, including all required combustion safety tests.
(1)
For all newly built subject dwellings, an approved rater must attest
that the home was rated to the Energy Rating Index (ERI) prescribed
below and passed all required combustion safety tests, prior to the
issuance of a certificate of occupancy.
(2)
For
all substantially reconstructed dwellings, prior to the issuing of
a building permit, plans shall clearly demonstrate compliance with
the requirements of the 2020 ECCCNYS as supplemented by NYStretch
Energy Code 2020.
(3)
Prior to the issuance of a building permit for any new or substantially reconstructed subject dwelling, the applicant shall submit a certificate from an approved certified rater that the house design complies with Subsection B, based on a review of the plans and specifications.
(4)
The owner of a structure or proposed structure may apply for a waiver from the energy rating requirement in Subsection B(1) by written application to the Chief Building Inspector on the basis that there exists practicable difficulties specific to the site, construction or design elements encountered in the course of design or construction. Upon receipt of the written request, the Chief Building Inspector shall determine whether there is a showing of need for relief from strict compliance to the standards enumerated in Subsection B above. In determining the conduciveness of a property and practicable difficulties, the Chief Building Inspector shall consider the following factors: the location and condition of any existing structure or structures, the size of the lot, the topography of the lot, the existence and extent of clearing restrictions on the property, the proximity of trees and shade on the lot, lot coverage restrictions on the property and such other and further factors or conditions that exist at the property that may impact strict compliance with the standards enumerated in Subsection B above. If the Chief Building Inspector determines that a waiver is appropriate, the property owner shall provide a practicable plan for alternative paths to compliance as per the requirements of the 2020 ECCCNYS as supplemented by NYStretch Energy Code 2020, conducive to the location. Upon receipt of the property owner's plan, the Chief Building inspector shall grant a waiver, in writing, from the rating requirements of this section, conditioned upon the implementation of the alternative methods proposed by the owner or such other practicable conditions as required by the Chief Building Inspector. Following the granting of the waiver, the Chief Building Inspector shall make a written determination of its findings and reasoning for administrating such wavier and file the determination with the Town Planning and Development Administrator.
C.
Commercial building energy conservation requirements. Any newly built
or substantially reconstructed commercial building shall comply with
all standards and requirements identified in the 2020 ECCCNYS as supplemented
by the NYStretch Energy Code 2020, including Appendices CB (Rated
R-Value of Insulation – Commercial) and CC (Additional Power
Distribution Systems).
D.
The owner of a structure may apply for a waiver from the requirements
of this section on the basis that the structure is of historic significance.
The owner seeking a waiver shall make application to the Town Landmarks
and Historic Districts Board for such waiver. The Landmarks and Historic
Districts Board shall grant the application for the waiver if the
applicant shall demonstrate that meeting the requirements of this
section would have an adverse impact on the historical nature of the
structure, and there are no practicable alternatives that would allow
the applicant to comply with the requirements of this section and
maintain the historical significance of the structure.
[1]
Editor's Note: Former § 123-38, Energy Star® requirements
for commercial buildings, added 2-23-2010 by L.L. No. 7-2010, was
repealed 9-27-2016 by L.L. No. 11-2016.
[Added 9-23-2008 by L.L. No. 58-2008; amended 12-19-2008 by L.L. No. 67-2008]
Any applicant aggrieved by a decision made by the Chief Building Inspector under § 123-37 above may appeal such decision, denial, condition, or waiver of the Chief Building Inspector by filing a written petition, along with a fee in an amount as set by resolution of the Southampton Town Board, in the office of the Town Clerk for review to the Energy Conservation Administrative Appeals Board (hereinafter referred to as "ECAAB"). The ECAAB shall be comprised of the following persons: (1) Chief Environmental Analyst; (2) Town Engineer; (3) Chair of the Architectural Review Board. The ECAAB shall meet to review the petition within two weeks of receipt thereof and may hold hearings upon seven days' notice by certified mail to the applicant or his agent, at the address included in the petition. The ECAAB may conduct field visits and obtain additional information deemed necessary in rendering its decision. The ECAAB shall have the authority to hire independent consultants at its sole discretion to help it render a decision by undertaking actions including but not limited to review of plans, conduction of site testing, and modeling of proposed plans. The ECAAB may require an applicant to pay the costs incurred by the ECAAB for all independent consulting services it may reasonably seek to engage, including but not limited to engineering, planning, legal and clerical costs incurred in processing and review of an application. Upon completion of the review of the appeal or the close of the public hearing, the ECAAB shall issue a decision in writing and state the reasons and attendant conditions of its decision. A decision shall be issued within 45 days of the end of the hearing or completion of review.
[Added 12-22-2011 by L.L. No. 46-2011]
A.
Standard applications for residential solar installation. Solar installation
applications that meet the fast-track requirements as set forth below
shall be eligible for expedited review (with a determination within
14 days of submittal of a completed application with required fees
as per the adopted fee schedule), and exempt from review by the Architectural
Review Board or the Landmarks and Historic Districts Board:
[Amended 2-28-2023 by L.L. No. 9-2023]
(1)
When a solar installation is proposed on the roof of a residential
building or legal accessory structure, it shall only be with a single
layer of roof covering. A waiver may be requested, in writing, from
the Chief Building Inspector for an installation on a second layer
of roof covering.
(2)
The proposed roof-mounted solar installation shall be flush-mounted
parallel to the roof surface and no more than six inches above the
surface with an eighteen-inch clearing at the roof ridge and an eighteen-inch
clearing path to the ridge.
(3)
The proposed roof-mounted solar installation shall create 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).
(4)
The system must be installed by a prescreened contractor. (See
Fast Track Application Terms and Conditions.)
(5)
The PV panels proposed to be used must have been certified by
a nationally recognized testing laboratory as meeting the requirements
of the Underwriters Laboratory (UL) Standard 1703, and inverters must
be 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 1741, as may be amended. (See Solar Energy System
Fast Track Permit Application Requirements Checklist as may be amended
from time to time.)
(6)
The proposed system must use RSHW equipment that has been certified
by the Solar Rating and Certification Corporation under its OG-100
standard for solar collectors, as may be amended. (See Solar Energy
System Fast Track Permit Application Requirements Checklist, as may
be amended from time to time.)
(7)
To the extent the application requires or includes use of other
equipment such as modules, combiner boxes, and a mounting system,
all equipment and systems must be approved for public use as described
in the Solar Energy System Fast Track Permit Application Requirements
Checklist and must be in full compliance with all current National
Electrical Code (NEC) requirements.
B.
The applicant must complete and submit the uniform Solar Energy System
Fast Track Permit Application and submit all documents as set forth
in the Requirements for Application Submittal for standard installations
as may be amended from time to time.
[Amended 2-28-2023 by L.L. No. 9-2023]
C.
The applicant must submit a professional engineer (PE) or registered
architect (RA)-certified drawing (hand drawn or better) of the solar
panel location and layout on the roof, as well as an equipment location
diagram and a one-line electrical diagram.
D.
A professional engineer or registered architect must also certify
the load bearing and wind load sufficiency of the proposed solar installation.
E.
A new survey is not required, but if the solar energy system is proposed
for an accessory structure on the residential property, the applicant
shall provide an existing survey and demonstrate that the accessory
structure is legal.
F.
After the approval of an application for solar panel construction
and/or installation, the applicant shall be required to affix a warning
label on all utility meters and at any alternating current (AC) disconnect
switch, indicating that there is an operating solar electric co-generation
system on site.
G.
The Town must maintain a list by address of all solar energy installations
to be shared with relevant first responder organizations.
H.
A ground-mounted system may be proposed where a roof-mounted system is not practical or feasible. In such case, it shall adhere to accessory setbacks as per § 330-76L.
[Added 2-28-2023 by L.L. No. 9-2023]
I.
All
solar panels shall have antireflective coating(s) to prevent glare.
[Added 2-28-2023 by L.L. No. 9-2023]
[Amended 2-28-2023 by L.L. No. 9-2023]
A.
Prior to the issuance of a building permit, applications for commercial-scale solar energy systems shall first obtain site plan/special exception approval from the Planning Board pursuant to §§ 330-183 and 330-162.24. Applications for small-scale solar in commercial zones or municipal settings may be eligible for administrative review pursuant to § 330-183.1.
B.
Building permit applications for commercial-scale solar energy systems
shall meet the following standards:
(1)
Both a building permit, and an electrical permit shall be required
for any installation pursuant to this code. Permit fees shall be as
per the adopted fee schedule as amended from time to time.
(2)
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the NYS Uniform Fire Prevention and Building
Code ("Uniform Code"), the NYS Energy Conservation Code ("Energy Code"),
and all relevant sections of the Town of Southampton Code.
(3)
Access. Access to the solar energy systems shall be maintained,
including snow removal and any other obstruction (other than required
fencing/screening).
(4)
Solar energy systems, components, and associated ancillary equipment
shall have required working space clearances, and electrical circuitry
shall be within weatherproof enclosures marked with the environmental
rating suitable for the type of exposure in compliance with NFPA 70.
(5)
All solar panels shall have antireflective coating(s) to prevent
glare.
C.
Insurance. Proof of adequate liability insurance for a solar energy
system shall be provided prior to the issuance of a building permit.
D.
Cessation of use. All solar energy systems shall be maintained in
good working order and in accordance with industry standards. A system
shall be considered abandoned when it ceases to operate for a period
of one year. If unsafe conditions are found, the property owner may
be ordered to promptly remove panels and associated equipment to a
place of safe and legal disposal, after which the site and/or building,
as applicable, shall be returned to its preexisting condition.
[Added 1-26-2021 by L.L.
No. 3-2021]
A.
All battery energy storage systems must be designed and installed
in accordance with all applicable provisions of the New York State
Uniform Fire Prevention and Building Code as may be amended from time
to time and applicants must provide documentation referenced within
the permit application to demonstrate how this system meets these
requirements.
(1)
General. Battery energy storage systems installed in buildings
or structures shall be installed and maintained in accordance with
the NYS Residential or Commercial Building Code, depending on the
permitted use of the property. The temporary use of an owner's or
occupant's electric-powered vehicle as an energy storage system shall
be permitted in accordance with applicable sections of the NYS Residential
Code.
(2)
Storage limitations. Individual battery energy storage system
units shall have a maximum rating of 20 kWh. The aggregate rating
shall not exceed:
(a)
Forty kWh within utility closets and storage utility spaces.
(b)
Eighty kWh in attached or detached garages and detached accessory
structures.
(c)
Eighty kWh on exterior walls.
(d)
Eighty kWh outdoors on the ground.
(e)
Battery energy storage system installations exceeding the permitted
aggregate ratings shall be installed in accordance with Section 1206.2
through 1206.17.7.7 of the Fire Code of New York State, as may be
amended.
B.
A battery energy storage system permit and an electrical permit shall
be required for any installation less than or equal to 600 kWh. Applications
for battery energy storage systems with an aggregate capacity greater
than 600 shall first obtain site plan/special exception approval from
the Planning Board and then shall submit a building/electrical permit
application.
C.
All applications for any battery energy storage system within the
Town shall meet all applicable provisions of the New York State Uniform
Code and the following safety standards:
(1)
System certification. All battery energy storage systems and
equipment shall be listed and labeled by a nationally recognized testing
laboratory (NRTL) to UL 9540 (Standard for Battery Energy Storage
Systems and Equipment) with subcomponents meeting each of the following
standards as applicable:
(a)
UL 1973 (Standard for Batteries for Use in Stationary, Vehicle
Auxiliary Power and Light Electric Rail Applications);
(b)
UL 1642 (Standard for Lithium Batteries);
(c)
UL 1741 or UL 62109 (Inverters and Power Converters);
(d)
Alternatively, field evaluation by an approved testing laboratory
for compliance with UL 9540 and applicable codes, regulations and
safety standards may be used to meet system certification requirements.
(2)
Access. Access to the battery energy storage system shall be
maintained, including snow removal and any other obstruction (other
than required fencing/screening).
(3)
Battery energy storage systems, components, and associated ancillary
equipment shall have required working space clearances, and electrical
circuitry shall be within weatherproof enclosures marked with the
environmental rating suitable for the type of exposure in compliance
with a National Fire Protection Association (NFPA) of 70.
D.
Cessation of use. All battery energy storage systems shall be maintained
in good working order and in accordance with industry standards. A
system shall be considered abandoned when it ceases to operate consistently
for a period of one year.
E.
As part of the approval for battery storage installation, the applicant
shall be required to affix a warning label next to all utility meters,
indicating the kind of operating battery storage installation system
on site. A certificate of compliance shall not be issued unless said
warning label has been affixed.
F.
The Town must maintain a list by address of all battery energy storage
system installations, including listing battery type, to be shared
with relevant first responder organizations.
