[HISTORY: Adopted by the Board of Trustees of the Village
of West Hampton Dunes 11-18-2011 by L.L. No. 1-2011. Amendments noted where
applicable.]
This chapter shall be entitled "Local Law No. 1 of 2011 of the
Incorporated Village of West Hampton Dunes, a Local Law Adopting Regulations
Regarding the Installation and Construction of Solar Energy Systems
in the Village of West Hampton Dunes."
Pursuant to § 10 of the Municipal Home Rule Law and
the Village Law of the State of New York, the Incorporated Village
of West Hampton Dunes, County of Suffolk, and State of New York, hereby
enacts by this chapter a local law of the Village of West Hampton
Dunes.
The Village of West Hampton Dunes understands the importance
of maintaining and enhancing the character of the Village. With the
current push to reduce the consumption of energy through the use of
alternative renewable energy technologies and a federal and state
tax credit that reduced the cost of installation of alternative energy
systems, the demand for the installation of such systems has increase
significantly. As a result of these sometimes competing interests,
it is important to consider regulations that involve balancing the
need for protecting the existing character of the Village with the
goal of encouraging the use of renewable energy sources which is one
of the stated purposes of zoning as outlined in § 7-704
of New York State Village Law. The Board of Trustees of the Village
of West Hampton Dunes therefore determines and finds that it is in
the best interests of the Village, its residents and property owners
to enact this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A solar energy system that transforms solar energy into another
form of energy or transfers heat from a collector to another medium
using mechanical, electrical, or chemical means. Structures or devices
which provide power to any other dwelling or structure located on
a separate property are not considered part of this definition.
An active solar system that is an integral part of a principal
or accessory building, rather than a separate mechanical device, replacing
or substituting for an architectural or structural component of the
building. Building-integrated systems include but are not limited
to photovoltaic or hot water solar systems that are contained within
roofing materials, windows, skylights and awnings.
A.
Legislative intent. In order to accommodate alternative and renewable
forms of energy production across the Village, while regulating the
visual impacts of any such form, accessory solar energy systems, as
defined in this chapter, may be allowed as specified herein.
B.
Solar energy systems are permitted as an accessory use in all residential
zoning districts in the Village, subject to certain requirements as
set forth herein.
C.
Height. Solar energy systems must meet the following height requirements:
(1)
Building- or roof- mounted solar systems may exceed the maximum allowed height in any zoning district by one foot, any building which is preexisting nonconforming in terms height requirements may be increased by one foot, provided that any such system shall comply with the other provisions of Chapter 560, Zoning, of the Code of the Village of West Hampton Dunes.
(2)
For purposes of height measurement, solar systems other than building-integrated
systems shall be considered to be mechanical devices and are restricted
consistent with other building-mounted mechanical devices.
D.
Setback/location.
(1)
Solar energy systems must meet the accessory structure setback and location requirements set forth in Chapter 560, Zoning.
(2)
Roof-mounted solar systems. In addition to the building setback,
the collector surface and mounting devices for roof-mounted solar
systems shall not extend beyond the exterior perimeter of the building
on which the system is mounted or built. Exterior piping for solar
hot water systems shall be allowed to extend beyond the perimeter
of the building on a side or rear yard exposure.
E.
Visibility. The design of the solar energy system shall make best
efforts to blend into the architecture of the building or be screened
from routine view from public rights-of-way. The color of the solar
collector shall be, to the extent possible, consistent with the roofing
materials on which it is mounted.
(1)
Building-integrated photovoltaic systems. Building-integrated photovoltaic
solar systems shall be allowed regardless of visibility, provided
the building component in which the system is integrated meets all
required setbacks and regulations for the district in which the building
is located.
(2)
Solar systems with mounting devices. Any solar system that meets
one of the following standards will be deemed to meet the visibility
requirements of this section:
(a)
Meets the standards for use of the solar energy system fast
track permit application; or
(b)
Is not visible from the closest edge of any public right-of-way
other than an alley; or
(c)
Is a roof-mount system that is visible from the nearest edge
of the street frontage right-of-way but does not have a highest finished
pitch more than 5% steeper than the roof pitch on which the system
is mounted, and is no higher than 10 inches above the roof.
(3)
Coverage. Roof- or building-mounted solar systems, excluding building-integrated
systems, and shall be set back from the roof edge or ridge with a
clear path of a minimum of 18 inches each.
F.
Approved solar components. Electric solar system components must
be certified as meeting the Underwriters Laboratory (UL) Standard
1703, and the inverter conforms to UL Standard 1741. Solar hot water
systems must be certified by the Solar Rating and Certification Corporation.
The solar system must be certified by a licensed professional that
said system is anchored in such a manner consistent with NYS Building
Code, including but not limited to wind load requirements, and for
roof-mounted solar systems, have a roof load not exceeding six pounds
per square foot.
G.
All solar collector installations must be performed by a qualified
solar installer, and prior to operation the electrical connections
must be inspected by an appropriate electrical inspection agency as
determined by the Building Department. In addition, any connection
to the public utility grid must be inspected by the appropriate public
utility.
H.
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
applicable laws and regulations.
I.
Electric solar system. A sign shall be installed on the utility meter
and at any alternating current (AC) disconnect switch indicating that
there is an operating solar electric cogenerating system on site.
J.
Decommissioning. The facility owner and operator shall, at its expense,
complete decommissioning of the accessory solar energy system within
12 months after the end of the useful life of said system. The accessory
solar energy system will be presumed to be at the end of its useful
life if no electricity is generated for a continuous period of 12
months. Decommissioning shall include removal of the collectors, mount
and any other associated equipment and facilities by no later than
90 days after the end of the twelve-month period.
K.
Administration.
(1)
The Chief Building Inspector shall promulgate such rules, procedures,
application forms, and certificates as may be required to effectively
implement the solar energy system fast track permit application.
(2)
The filing fee for an accessory solar energy system permit shall
be $50.
(3)
The permit shall be issued within 14 days of the submittal of a complete
application.
(4)
Solar energy systems meeting the standards contained herein shall
not require Architectural Review Board review.
(5)
The Building Department shall maintain a list by address of all solar
installations which shall be made available to all relevant first
responder organizations.
