[HISTORY: Adopted by the Town Council of the Town of Cumberland 10-12-2020. Amendments
noted where applicable.]
This chapter shall be known as the "Residential Solar Energy
System Ordinance for the Town of Cumberland, Maine."
This chapter is adopted pursuant to the enabling provisions
of Article VIII, Part 2, Section 1 of the Maine Constitution; the
provisions of 30-A M.R.S.A. § 3001 (Home Rule); and the
provisions of the Planning and Land Use Regulation Act, 30-A M.R.S.A.
§ 4312 et seq.
The purpose of this chapter is to provide for the construction
and operation of residential solar energy systems in Cumberland, Maine,
subject to reasonable conditions that will protect the public health,
safety, and welfare.
As used in this chapter, the following terms shall have the
meanings indicated:
The legal entity that files an application under this chapter.
The manner in which a solar PV system is affixed to the roof
or ground (i.e., roof-mount, ground-mount, pole-mount).
An individual, corporation, partnership, firm, organization
or other legal entity.
A solar energy system that produces electricity by the use
of semiconductor devices, call photovoltaic cells, which generate
electricity when exposed to sunlight. A PV system may be roof-mounted,
ground-mounted, or pole-mounted.
A building or structure, including manufactured housing,
maintained for permanent or seasonal residential occupancy providing
living, cooking and sleeping facilities and having permanent indoor
or outdoor sanitary facilities, excluding recreational vehicles, tents
and watercraft.
Multiple solar panels or modules combined together to create
one system.
A solar PV cell, panel, or array, or solar thermal collector
device, that relies upon solar radiation as an energy source for the
generation of electricity or transfer of stored heat.
Radiant energy (direct, diffuse and/or reflective) received
from the sun.
A device or structural design feature, a substantial purpose
of which is to provide solar energy for interior lighting or provide
for the collection, storage and distribution of solar energy for space
heating or cooling, electricity generation, or water heating.
An active solar energy system that is structurally mounted
to the ground and is not roof-mounted or pole-mounted.
A solar energy system that is directly installed on specialized
solar racking systems, which are attached to a pole, which is anchored
and firmly affixed to a foundation in the ground and wired underground
to an attachment point at the building's meter. Pole-mounted
systems can be designed to track the sun (with single-axis or dual-axis
tracking motors) to help maximize solar output throughout the year.
An active solar energy system that is mounted on the roof
of a building or structure.
The potential for solar panels to reflect average sunlight,
with an intensity sufficient to cause annoyance, discomfort, loss
in visual performance or visibility, or a public safety hazard.
A device used for the direct conversion of sunlight into
useable solar energy, including electricity or heat.
Items including a solar photovoltaic cell, solar panel, module,
or array, or solar hot air or water collector device panels, lines,
pumps, batteries, mounting brackets, framing and possibly foundations
or other structures used or intended to be used for the collection
of solar energy.
A.
This chapter shall apply to all residential solar energy systems
installed after October 12, 2020, and shall apply to a solar energy
system installed prior to October 12, 2020, that is modified to materially
alter the size or placement of the solar collectors or the originally
permitted energy output of the solar energy system.
B.
A residential solar energy system installed prior to the effective
date of this chapter shall not be required to meet the requirements
of this chapter, provided that any material alterations after the
effective date of this chapter shall be subject to the permitting
requirements of this chapter.
A residential solar energy system is considered to be a use
accessory to any permitted residential dwelling unit(s). As such,
residential solar energy systems shall be permitted in all zones where
residential uses are permitted, provided that:
A.
Review and approval authority. The Code Enforcement Officer is authorized to review all applications for solar energy systems pursuant to Maine Uniform Building and Energy Codes, as well as NFPA Chapters 1 and 70, and may approve, deny or approve such applications with conditions in accordance said codes and with the standards of this chapter.
B.
Permit required.
(1)
No residential solar energy system shall be installed or operated within the Town of Cumberland without a permit issued in accordance with this chapter and, if applicable, Chapter 226 of the Town of Cumberland Code of Ordinances. Such permits shall comply with all requirements of a building permit and an electrical permit from the Code Enforcement Officer.
(2)
Any physical modification to an existing residential solar energy
system which alters the location, increases the area of development
on the site, or which increases the energy output of the solar energy
system shall require a permit modification under this chapter. Like-kind
replacements and routine maintenance and repairs shall not require
a permit modification.
C.
Permit applications.
(1)
Application components. A residential solar energy system permit
application shall consist of the application form, application fee,
and supporting documents, as described below:
(a)
Application form. The Town shall provide an application form,
which shall include the following information:
[1]
The applicant's name, address and contact information.
[2]
Receipt showing payment of the applicable application fee.
[3]
Site plan sketch showing the proposed location of each residential
solar energy system and the following site elements: parcel boundaries,
required setbacks, topographic contour lines (if available), roads,
rights-of-way, overhead utility lines, buildings (identified by use),
land cover, wetlands, streams, water bodies, and areas proposed to
be regraded or otherwise cleared of vegetation.
[4]
Description of emergency and normal shutdown procedures for
the proposed residential solar energy system.
(2)
Application submission. The applicant shall submit its application
for a residential solar permit to the Code Enforcement Officer, who
shall note on the application the date on which it was received.
D.
Permit application review procedures for a residential solar energy
system; expiration thereof.
(1)
Application.
(a)
Within 10 days of receiving an application, the Code Enforcement
Officer shall notify the applicant, in writing, either that the application
is complete or, if the application is incomplete, the specific additional
material needed to complete the application. The Code Enforcement
Officer may waive any submission requirement if the Code Enforcement
Officer issues a written finding that, due to special circumstances
of the application, adherence to that requirement is not necessary
to determine compliance with the standards of this chapter.
(b)
Within 30 days after determining the application to be complete,
the Code Enforcement Officer shall issue a written order: 1) denying
approval of the proposed residential solar energy system, 2) granting
approval of the proposed residential solar energy system, or 3) granting
approval of the proposed residential energy system with conditions.
In making the decision, the Code Enforcement Officer shall make findings
on whether the proposed residential energy system meets the applicable
criteria described in this chapter.
E.
F.
Access. The Code Enforcement Officer shall have access to the site
at all times to review the progress of the work and shall have the
authority to review all records and documents directly related to
the design, construction and operation of the facility.
A.
A residential solar energy system shall be permitted only if the
Code Enforcement Officer determines that the system and its installation
shall not present any unreasonable safety risks, as outlined in IRC
Section 324, including, but not limited to, the following:
B.
All solar energy system installations shall be installed in compliance
with the photovoltaic systems standards of the latest edition of the
National Fire Protection Association (NFPA) 1, Fire Prevention Code.
C.
All wiring shall be installed in compliance with the photovoltaic
systems standards identified in the latest edition of the National
Electrical Code (NFPA 70).
D.
Prior to operation, electrical connections must be inspected and
approved by the Code Enforcement Officer or Electrical Inspector.
E.
Each solar energy installation shall be regularly maintained as necessary
to ensure that it is operating safely and as designed over its useful
life.
A.
Height.
(1)
Roof-mounted solar energy systems: roof-mounted residential solar
energy systems are exempt from the building height requirements in
all zoning districts and in all Shoreland Zoning Districts.
(2)
Ground-mounted solar energy systems. 24 feet, as measured from the
average elevation of the finished grade covered by the solar energy
system to its tallest point.
(3)
Pole-mounted solar energy systems. 24 feet, as measured from the
bottom of the pole to the tallest point of the solar energy system.
A.
It shall be unlawful for any person to fail to comply with or take
any action that is contrary to the terms of this chapter, or to violate
or fail to comply with any permit issued under this chapter, or to
cause another to take any action which is contrary to the terms of
this chapter or any permit under this chapter.
B.
If the Code Enforcement Officer determines that a violation of this chapter
or the permit has occurred, the Code Enforcement Officer shall provide
written notice to any person alleged to be in violation of this chapter
or the permit. If the alleged violation does not pose an immediate
threat to public health or safety, the Code Enforcement Officer and
the alleged violator shall engage in good faith negotiations to resolve
the alleged violation. Such negotiations shall be conducted and concluded
within 30 days of the notice of violation. With the consent of the
alleged violator, this time period may be extended.
C.
If, after 30 days from the date of notice of violation or further
period as agreed to by the Town and the alleged violator, the Code
Enforcement Officer determines that the parties have not resolved
the alleged violation, the Code Enforcement Officer may institute
civil enforcement proceedings pursuant to 30-A M.R.S.A. § 4452
and Rule 80K of the Maine Rules of Civil Procedure or pursue any other
available legal or equitable remedy to ensure compliance with this
chapter or the permit.
Any person aggrieved by a decision of the Code Enforcement Officer under this chapter may appeal the decision to the Board of Adjustment and Appeals. The appeal shall be subject to the procedures established by § 315-77 of the Zoning Ordinance.
A.
If there is a conflict between provisions in this chapter, the more
stringent shall apply. If there is a conflict between a provision
in this chapter and that of another Town of Cumberland ordinance,
the provision of this chapter shall apply.
B.
The invalidity of any part of this chapter shall not invalidate any
other part of this chapter.
This chapter becomes effective upon approval by the Cumberland
Town Council.
