A.Â
The City of Port Jervis wishes to promote renewable energy resources
by permitting solar energy power systems and limiting their location
to protect the public health, safety and welfare.
B.Â
This chapter is not intended to repeal, except as herein stated,
abrogate or impair existing conditions previously made or permits
previously issued relating to the use of buildings or premises or
to impair or interfere with any easements, covenants or agreements
existing between parties. Except as otherwise provided herein, whenever
this chapter imposes a greater restriction upon the use of buildings
or premises than is required by existing provisions of law, ordinance,
regulations or permits or by such easements, covenants or agreements,
the provisions of this chapter shall control.
As used in this article, the following terms shall have the
meanings indicated, unless the context or subject matter requires
otherwise.
A structure, the use of which is customarily incidental and
subordinate to that of the principal building and is attached thereto,
and is located on the same lot or premises as the principal building.
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, electricity or other
forms of energy on site and may be attached to or separate from the
principal building.
A solar energy power system that consists of integrating
photovoltaic modules into the building structure, such as the roof
of the facade and which does not alter the relief of the roof.
Solar installations owned collectively through subdivision
homeowner associations, college student groups, "adopt-a-solar-panel"
programs, or other similar arrangements.
Photovoltaic panels and tiles that are installed flush to
the surface of a roof and which cannot be angled or raised.
A solar energy power system that is directly installed in
the ground and is not attached or affixed to an existing structure.
Pole-mounted solar energy power systems shall be considered freestanding
or ground-mounted solar energy power systems for the purposes of this
article.
For purposes of this article, the term "large-scale solar"
refers to solar photovoltaic systems that produce more than 12 kilowatts
per hour of energy or solar-thermal systems which, although it may
serve the building or electrical service to which they are attached,
provides energy for other buildings, other properties or the commercial
electrical grid.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the grid so that they only pay for their net electricity usage
at the end of the month.
A solar energy power system that produces electricity by
the use of semiconductor devices, called photovoltaic cells, that
generate electricity whenever light strikes them.
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition. Persons
who are not on NYSERDA's list of eligible installers or NABCEP's list
of certified installers may be deemed to be qualified installers if
the City of Port Jervis determines such persons have had adequate
training to determine the degree and extent of the hazard and the
personal protective equipment and job planning necessary to perform
the installation safely. Such training shall include the proper use
of special precautionary techniques and personal protective equipment,
as well as the skills and techniques necessary to distinguish exposed
energized parts from other parts of electrical equipment and to determine
the nominal voltage of exposed live parts.
A solar energy power system in which solar panels are mounted
on top of the structure of a roof as a flush-mounted power system.
The distance from a front lot line, side lot line or rear
lot line of a parcel to any component of a freestanding or ground-mounted
solar energy power system, solar facility or solar power plant within
which no solar components shall be permitted.
For purposes of this article, the term "small-scale solar"
refers to solar photovoltaic systems that produce up to 12 kilowatts
per hour of energy or solar-thermal systems which serve only the building
or electrical service to which they are attached, and do not provide
energy for any other buildings.
Space open to the sun and clear of overhangs or shade including
the orientation of streets and lots to the sun so as to permit the
use of active and/or passive solar energy power systems on individual
properties.
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.
An easement recorded pursuant to NYS Real Property Law § 335-b,
the purpose of which is to secure the right to receive sunlight across
real property of another for continued access to sunlight necessary
to operate a solar collector.
Solar collectors, controls, energy storage devices, heat
pumps, heat exchangers, and other materials, hardware or equipment
necessary to the process by which solar radiation is collected, converted
into another form of energy, stored, protected from unnecessary dissipation
and distributed. Solar power systems include solar thermal, photovoltaic
and concentrated solar. For the purposes of this article, a solar
energy power system does not include any solar energy power system
of four square feet in size or less.
A device for the direct conversion of solar energy into electricity.
Energy generation facility or area of land whose principal
use is allowed by special permit issued by the Planning Board to convert
solar energy to electricity, whether by photovoltaics, concentrating
solar thermal devices or various experimental solar technologies,
with the primary purpose of wholesale or retail sales of electricity.
No other buildings or uses are required unless needed for the solar
installation.
A device that stores energy from the sun and makes it available
in an electrical form.
Solar thermal power systems directly heat water or other
liquid using sunlight. The heated liquid is used for such purposes
as space heating and cooling, domestic hot water, and heating pool
water.
A.Â
The requirements of this chapter shall apply to all solar energy
power systems and equipment installations modified or installed after
the effective date of this chapter.
B.Â
Solar energy power system installations for which a valid building
permit has been issued or, if no building permit is presently required,
for which installation has been completed before the effective date
of this chapter shall not be required to meet the requirements of
this chapter.
C.Â
All solar energy power systems shall be designed, erected and installed
in accordance with all applicable codes, regulations and industry
standards as referenced in the New York State Building Code and the
City of Port Jervis Code.
D.Â
Solar energy power systems, unless part of a solar facility or solar
power plant, shall be permitted only to provide power for use by owners,
lessees, tenants, residents or other occupants of the premises on
which they are erected, but nothing contained in this provision shall
be construed to prohibit the sale of excess power through a "net billing"
or "net-metering" arrangement in accordance with New York Public Service
Law § 66-j or similar state or federal statute within the
limitations provided in herein.
A.Â
No solar energy power system or device shall be installed or operated
in the City of Port Jervis except in compliance with this article.
B.Â
The distinction between residential and commercial solar facilities
shall be consistent with the latest determinations and kilowatt thresholds
held by NYSERDA. The purpose of residential solar facilities is to
provide electrical power to the property where such power is generated.
The purpose of commercial solar facilities is primarily to provide
electrical power for properties beyond where such power is generated.
C.Â
Rooftop and building-mounted solar power systems, including BIPV:
Rooftop and building-mounted solar power systems, including BIPV on
residential or commercial structures, are permitted in all zoning
districts in the City subject to the following conditions:
(1)Â
Building permits shall be required for installation of all rooftop
and building-mounted solar power systems, including BIPV. No Planning
Board site plan approval is required for these installations, unless
in the sole opinion of the Code Enforcement Officer a Planning Board
site plan approval review is necessary and appropriate.
(2)Â
Rooftop and building-mounted solar power systems, including BIPV
when installed shall not exceed the maximum permitted building height
in the zoning district where the system is to be located.
(3)Â
Rooftop and building-mounted solar power systems shall match the
contour and slope of the existing roof structure.
(4)Â
Rooftop and building-mounted solar power systems, including BIPV,
are only permitted on structures and are not permitted on accessory
structures.
(5)Â
Rooftop and building-mounted solar power systems, including BIPV,
must be 18 inches from any chimney and shall not be permitted on any
roof overhangs.
(6)Â
In order to ensure firefighter and other emergency responder safety,
rooftop and building-mounted solar power systems, including BIPV,
shall be installed in accordance with the following:
(a)Â
Each photovoltaic array shall not exceed 150 feet in any direction.
(b)Â
Panels, modules or arrays installed on roofs with a single ridge
shall be located in a manner that provides two thirty-six-inch-wide
access pathways extending from the roof access point to the ridge.
(c)Â
Panels, modules or arrays installed on dwellings with hip roofs
shall be located in a manner that provides a clear access pathway
not less than 36 inches wide, extending from the roof access point
to the ridge or peak, on each roof slope where panels, modules or
arrays are located.
(d)Â
Panels and modules shall not be located less than 18 inches
from a valley, ridge or peak on any roof.
(e)Â
In the event any of these standards are more stringent than
the New York State Uniform Fire Prevention and Building Code, they
shall be deemed to be installation guidelines only and the standards
of the state code shall apply.
D.Â
Solar-thermal power systems. Solar-thermal power systems are permitted
in the City under the following conditions:
E.Â
Freestanding and ground-mounted solar power systems. Freestanding
or ground-mounted solar power systems are permitted in all zoning
districts as an accessory structure to single-family and two-family
residences under the following conditions:
(1)Â
Building permits shall be required for the installation of all freestanding
and ground-mounted solar power systems. No Planning Board site plan
approval is required for these installations, unless in the sole opinion
of the Code Enforcement Officer a Planning Board site plan approval
review is necessary and appropriate.
(2)Â
Freestanding and ground-mounted solar power systems shall only be
permitted on lots with a minimum size of 40,000 square feet.
(3)Â
Developmental coverage on a lot, including freestanding and ground-mounted
solar power systems, shall not exceed that permitted in the bulk table
for single-family and two-family residences in the zoning district
in which the lot is located.
(4)Â
All freestanding and ground-mounted solar power systems shall be
subject to a fifteen-foot setback from the property line.
(5)Â
All freestanding and ground-mounted solar power systems shall be
enclosed by a continuous fence (or fence with privacy slats) consistent
with NYS and federal requirements.
(6)Â
Freestanding and ground-mounted solar power systems shall be located
in a manner to reasonably minimize view blockage for surrounding properties
and shading of property to the north, while still providing adequate
solar access for collectors.
(7)Â
Freestanding and ground-mounted solar power systems, including any
mounts, shall not exceed 10 feet in height when oriented at maximum
tilt.
(8)Â
Freestanding and ground-mounted solar power systems can only be installed
in side or rear yards. No front yard installations are permitted.
(9)Â
Freestanding and ground-mounted solar power systems shall only be
permitted as an accessory use provided they generate 30 kilowatts
or less. The Code Enforcement Officer may require up to 12 months
of electrical usage invoices to demonstrate the applicant's installation
complies with this requirement.
(10)Â
Any application for the installation of freestanding or ground-mounted solar power systems which will produce kilowatts in excess of the amount specified in § 535-41E(9) above shall constitute an application for site plan approval and special use permit which shall require the Planning Board's approval pursuant to Article XV herein. Any solar installations that require Planning Board site plan and special use permit approval can, based on surrounding uses, be required to install additional screening and/or fencing to mitigate visual impact.
F.Â
Freestanding and ground-mounted solar power systems accessory to
approved site plans. Freestanding or ground-mounted solar power systems
installed pursuant to this section shall be considered accessory uses
which shall require site plan approval. Accessory freestanding and
ground-mounted solar power systems are permitted in all zoning districts
as an accessory structure subject to the following conditions:
(1)Â
Site plan approval granted by the City of Port Jervis Planning Board is required under Ch. 535, Article XV. If an accessory freestanding and ground-mounted solar power system is installed after site plan approval and/or construction has already been completed at the site, a site plan amendment approval is required.
(2)Â
All accessory freestanding and ground-mounted solar power systems
shall be subject to a minimum fifteen-foot setback from the property
line. The Planning Board may require increased setbacks as it deems
necessary based on the surrounding conditions.
(3)Â
Developmental coverage on a lot, including accessory freestanding
and ground-mounted solar power systems shall not exceed that permitted
in the bulk table for the primary use of the lot in the zoning district
in which the lot is located.
(4)Â
All accessory freestanding and ground-mounted solar power systems
shall be enclosed by a fence consistent with NYSERDA regulations.
(5)Â
Accessory freestanding and ground-mounted solar power systems shall
be located in a manner to reasonably minimize view blockage for surrounding
properties and shading of property to the north, while still providing
adequate solar access for collectors. Additional screening may be
required as part of the Planning Board approval.
(6)Â
Accessory freestanding and ground-mounted solar power systems, including
any mounts, shall not exceed 10 feet in height when oriented at maximum
tilt.
(7)Â
Accessory freestanding and ground-mounted solar power systems can
only be installed in side or rear yards. No front yard installations
are permitted.
(8)Â
The installation of accessory freestanding or ground-mounted solar power systems shall be considered a land development activity for purposes of Article XI, Stormwater Management, of the Code of the City of Port Jervis. The site shall comply with all current standards for New York State stormwater regulations.
(9)Â
Accessory freestanding and ground-mounted solar power systems shall
only be permitted on a site to provide sufficient kilowatts to power
the site plus 20% and the applicant must provide a calculation demonstrating
the required amount.
(10)Â
Any application for the installation of accessory freestanding or ground-mounted solar power systems which will produce kilowatts in excess of the amount specified in § 535-41F(9) above shall constitute an application for a special use permit which shall require the Planning Board's additional approval pursuant to Article XV herein. Any solar installations that require Planning Board special use permit approval can, based on surrounding uses, be required to install additional screening and/or fencing to mitigate visual impact.
G.Â
Solar facilities and solar power plants. Solar facilities and solar
power plants shall be permitted as structures in all zoning districts
subject to the following conditions:
(1)Â
Site plan and special use permit approval granted by the City of Port Jervis Planning Board is required under Article XV herein. As part of the application, the applicant shall submit the following (in addition to all other submittal requirements for site plans):
(a)Â
A written narrative describing how the solar facility or solar
power plant will be constructed, operated and maintained.
(b)Â
Manufacturer's information and specifications for the proposed
solar facility or solar power plant.
(c)Â
A written narrative describing the eventual decommissioning
of the solar facility or solar power plant that describes the anticipated
life of the solar facility or solar power plant, the estimated decommissioning
costs and the method for insuring funds will be available for decommissioning
and restoration of the site.
(2)Â
Compliance with the State Environmental Quality Review Act shall
be required. Applicants shall prepare and submit a completed Part
I of a Full Environmental Assessment Form, together with such additional
analyses as may be required by the Planning Board.
(3)Â
The installation of a solar facility or solar power plant shall be considered a land development activity for the purposes of Article XI, Stormwater Management, of the Code of the City of Port Jervis. The site shall comply with all current standards for New York State stormwater regulations.
(4)Â
The site plan shall indicate all existing and proposed access to
the site, including road, electric power, emergency access, and other
utilities existing and proposed within the property boundaries. All
easements and rights-of-way should be shown on the site plan.
(5)Â
The manufacturer's or installer's identification and appropriate
warning signage shall be posted at the site and clearly visible.
(6)Â
The solar facility or solar power plant shall be screened when possible
and practicable from adjoining lots and street rights-of-way through
the use of architectural features, earth berms, landscaping, or other
screening which will harmonize with the character of the property
and surrounding area. The proposed screening shall not interfere with
the normal operation of the solar collectors. Additional screening
may be required as part of the Planning Board approval.
(7)Â
All solar facility or solar power plant equipment and installations
shall be subject to a minimum setback of 100 feet plus the setback
minimum from all property lines required in the zoning district. The
Planning Board may require increased setbacks as it deems necessary
based on the surrounding conditions.
(8)Â
A solar facility or solar power plant shall only be permitted on
lots with a minimum size of 10 acres.
(9)Â
Notwithstanding bulk table requirements to the contrary, developmental
coverage of a lot with a solar facility or solar power plant shall
not exceed 85%.
(10)Â
The height of the freestanding or ground-mounted solar collectors
and any mounts shall not exceed 15 feet when oriented at maximum tilt.
(11)Â
The solar facility or solar power plant installation shall be
enclosed by a fence consistent with NYSERDA regulations. Planning
Board may require a greater height in fencing depending on individual
conditions.
(12)Â
Solar facility and solar power plant panels and equipment shall
be surfaced, designed and sited so as not to reflect glare onto adjacent
properties and roadways.
(13)Â
On-site power lines shall, to the maximum extent practicable,
be placed underground.
H.Â
All solar energy power systems and equipment shall be permitted only
if they are determined by the City of Port Jervis not to present any
unreasonable safety risks, including but not limited to: weight load,
wind resistance and ingress or egress in the event of fire or other
emergency.
I.Â
All solar energy power systems and equipment shall be surfaced, designed
and sited so as not to reflect glare onto adjacent properties and
roadways.
A.Â
All solar energy power system installations must be performed by
a qualified solar installer.
B.Â
Prior to operation, electrical connections must be inspected by an
approved third party Electrical Inspector.
C.Â
Any connection to the public utility grid must be inspected by the
appropriate public utility.
D.Â
Solar energy power systems shall be maintained in good working order.
E.Â
Rooftop and building-mounted solar power systems shall meet New York's
Uniform Fire Prevention and Building Code standards.
F.Â
If solar storage batteries are included as part of the solar power
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 laws
and regulations of the City and other applicable laws and regulations.
G.Â
If the solar power system ceases to perform its originally intended
function for more than 12 consecutive months, the property owner shall
remove the collectors, mount and associated equipment no later than
90 days after the end of the twelve-month period.
H.Â
Solar energy power systems and equipment shall be marked in order
to provide emergency responders with appropriate warning and guidance
with respect to isolating the solar energy power system. Materials
used for marking shall be weather resistant.
(1)Â
For one- and two-family residential installations, the marking may
be placed within the main service disconnect. If the main service
disconnect is operable with the service panel closed, then the marking
should be placed on the outside cover.
(2)Â
For accessory installations, the marking shall be placed adjacent
to the main service disconnect in a location clearly visible from
the location where the lever is operated.
(3)Â
In the event any of the standards of this subsection for markings
are more stringent than applicable provisions of the New York State
Uniform Fire Prevention and Building Code, they shall be deemed to
be guidelines only and the standards of the state code shall apply.
A.Â
If a solar energy power system ceases to perform its originally intended
function for more than 12 consecutive months, the property owner shall
remove the power system, mount and associated equipment from the property
no later than 90 days after the end of the twelve-month period.
B.Â
If a freestanding solar power system, ground-mounted solar power system, solar facility or solar power plant has been out of active and continuous service for a period of one year, it shall be removed from the premises to a place of safe and legal disposal. Any and all structures and accessory structures shall also be removed. The site shall be restored to as natural a condition as possible. Such removal shall be completed within 18 months of the cessation of active and continuous use. A permit for the demolition of the system shall be required under § 231-4 of the City Code.
C.Â
If the owner of a freestanding solar power system, ground-mounted solar power system, solar facility or solar power plant that has ceased operation as provided in Section 535-43A fails to remove the system, the City may serve on the owner a notice of demand to remove.
(1)Â
Notice shall be served upon the owner or owners by certified mail,
addressed to his or their last known address, and/or posting of said
notice on the premises and mailing a copy of said notice to the owner
at the address or addresses as recorded in the Sole Assessor's office
on the same day as posted. Service of notice upon any owner of land,
or the designated person to receive process as provided by law, shall
suffice for the purposes of this section.
(2)Â
Whenever a notice or notices referred to in this article has or have
been served upon or posted on said real property requiring such owner
or owners of the respective lots or parcels to remove a freestanding
solar power system, ground-mounted solar power system, solar facility
or solar power plant, and such owner or owners shall neglect or fail
to comply with the requirements of such notice or notices within the
time provided therein, the City Supervisor may authorize the work
to be done and pay the cost thereof out of general City funds or authorize
City employees and equipment to perform the work.
(3)Â
The City shall be reimbursed for the cost of the work performed or
services rendered by direction of the City Supervisor, as herein provided,
by assessment and levy upon the lots or parcels of land wherein such
work was performed or such services rendered, and the expenses so
assessed shall constitute a lien and charge on the real property on
which they are levied until paid or otherwise satisfied or discharged
and shall be collected in the same manner and at the same time as
other City charges.
A.Â
If a person is found to be in violation of the provisions of this
article, appeals should be made in accordance with the established
procedures and time limits of the Zoning Code and New York State City
Law.
B.Â
If a building permit for a solar energy power system is denied based
upon a failure to meet the requirements of this article, the applicant
may seek relief from the Zoning Board of Appeals in accordance with
the established procedures and time limits of the Zoning Code and
New York State City Law.
The fees for all building permits required herein shall be paid
at the time each building permit application is submitted pursuant
to the Schedule of Fees provided for in the City Code.
