barrier removal for solar permitting removal for sola… · north salem exempts solar energy...

Barrier Removal for

Solar Permitting

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

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Jessica BacherLand Use Law Center

Pace Law Schooljbacher@law.pace.edu

(914)422-4262

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LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

WWW.LAW.PACE.EDU/LANDUSE

Benefits of

Standard Solar Permit

• Uniform Permitting Across the State

• Cuts Costs

• Decreases Permitting Time

• Requests Solar Specific

Information

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

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What is a

Standard Solar Permit?

• Rated Capacity 12kW or less

• Roof Mounted

• Not Subject to Architectural or Historic

Review

• Does not Require Variance or Special Permit

• Code Compliant

• Meet Mounting and Weight Distribution

Requirements

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

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Barriers to

Standard Permit Adoption• 1. Fail to define solar electric systems appropriately;

• 2. Approve all solar electric systems using the same

process, including by requiring a site plan;

• 3. Apply each zoning district’s bulk and area requirements

to solar electric systems;

• 4. Require architectural review board review for these

systems; and/or

• 5. Require historic preservation

commission review for solar

electric systems.

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

WWW.LAW.PACE.EDU/LANDUSE

Barriers to

Standard Permit Adoption• 1. Fail to define solar electric systems appropriately;

• 2. Approve all solar electric systems using the same

process, including by requiring a site plan;

• 3. Apply each zoning district’s bulk and area requirements

to solar electric systems;

• 4. Require architectural review board review for these

systems; and/or

• 5. Require historic preservation commission review for

solar electric systems.

Does your zoning code define

small-scale, roof-mounted

solar electric

systems separately or at all?

If No, Implement Strategies

to Define and Allow Small-

Scale, Roof-Mounted Solar

Electric Systems in Zoning

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

WWW.LAW.PACE.EDU/LANDUSE

Local Example

• Town of New Hartford, NY

The Town of New Hartford’s solar energy system regulation defines

freestanding or ground mounted solar energy systems as those directly

installed in the ground and not attached or affixed to an existing structure.

Rooftop mounted or building mounted systems are defined as those with

solar panels mounted on top of a roof structure either as a flush-mounted

system or modules fixed to frames that can be tilted toward the south at

an optimal angle. The regulation defines small-scale solar as solar

photovoltaic systems rated up to 10 kW per hour of energy or solar

thermal systems that serve the building to which they are attached.

Town of NewHartford, N.Y., Code § 118-74.

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

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Barriers to

Standard Permit Adoption• 1. Fail to define solar electric systems appropriately;

• 2. Approve all solar electric systems using the same

process, including by requiring a site plan;

• 3. Apply each zoning district’s bulk and area requirements

to solar electric systems;

• 4. Require architectural review board review for these

systems; and/or

• 5. Require historic preservation commission review for

solar electric systems.

Does your municipality allow

and approve all solar electric

systems the same way?

If Yes, Implement Strategies

to Eliminate Unnecessary

Review for Small-Scale, Roof-

Mounted Solar Electric

Systems

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

WWW.LAW.PACE.EDU/LANDUSE

Local Example

• Village of Dobbs Ferry, NY

Dobbs Ferry treats applications for roof-mounted solar

systems as mechanical permit applications, not as building

permit applications. In addition, Dobbs Ferry uses an entirely

online permit application portal, which guides applicants

through the process (eProperty Information Portal). A solar

system permit fee is based on the energy capacity (in

kilowatts) of the system, similar to using BTUs to size a boiler

system permit fee. All permit applications are now filed

online at gistrend.com/dobbsferry.

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

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Local Example

• Village of Croton-on-Hudson, NY

Croton-on-Hudson has reduced the time of review and approval by

making solar systems a permitted use in all zoning districts.

Additionally, it has distinguished requirements based on building

type for purposes of permits for roof-mounted PV installation.

Residential buildings do not require site plan review. However,

commercial buildings do require a site plan review. The

municipality is considering amending the site plan review

standards for commercial building PV installation to only require

“minor site plan review,” which would reduce the evaluation time.

Additionally, the Village has adopted the NY-Sun solar permit.

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

WWW.LAW.PACE.EDU/LANDUSE

Barriers to

Standard Permit Adoption• 1. Fail to define solar electric systems appropriately;

• 2. Approve all solar electric systems using the same

process, including by requiring a site plan;

• 3. Apply each zoning district’s bulk and area

requirements to solar electric systems;

• 4. Require architectural review board review for these

systems; and/or

• 5. Require historic preservation commission review for

solar electric systems.

Does your municipality apply

its height or other

restrictions in zoning to

small-scale, roof-mounted

solar electric systems?

If Yes, Implement Strategies

to Eliminate Height and

Other Limitations

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

WWW.LAW.PACE.EDU/LANDUSE

Local Example

• Town of North Salem, NY

North Salem exempts solar energy systems from the height

limitations in its zoning if systems are erected only to the

height necessary to accomplish the purposes they are

intended to serve.

Town of North Salem, N.Y., Code § 250-25(C).

• Town of West Bloomfield, NY

West Bloomfield’s municipal code allows solar collectors

within any required setback.

Town of West Bloomfield, N.Y., Code § 140-159(K).

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

WWW.LAW.PACE.EDU/LANDUSE

Barriers to

Standard Permit Adoption• 1. Fail to define solar electric systems appropriately;

• 2. Approve all solar electric systems using the same

process, including by requiring a site plan;

• 3. Apply each zoning district’s bulk and area requirements

to solar electric systems;

• 4. Require architectural review board review for these

systems; and/or

• 5. Require historic preservation commission review for

solar electric systems.

Does your municipality

require ARB Review for

small-scale, roof-mounted

solar electric systems?

If Yes, Implement Strategies

to Eliminate or Reduce ARB

Review

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

WWW.LAW.PACE.EDU/LANDUSE

Local Example

• White Plains, NY

White Plains exempts solar energy systems from review by

the City's design review board when they: (1) are installed on

one- or two-family structures that do not require a variance;

(2) have a rated capacity of 12 kW or less; and (3) are

mounted parallel to the roof surface or tilted with no more

than an 18-inch gap between the module frame and roof

surface.

City of White Plains, N.Y., Zoning Ordinance § 4.4.21.2.

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

WWW.LAW.PACE.EDU/LANDUSE

Barriers to

Standard Permit Adoption• 1. Fail to define solar electric systems appropriately;

• 2. Approve all solar electric systems using the same

process, including by requiring a site plan;

• 3. Apply each zoning district’s bulk and area requirements

to solar electric systems;

• 4. Require architectural review board review for these

systems; and/or

• 5. Require historic preservation commission review for

solar electric systems.

Does your municipality

require HPC review for small-

scale, roof-mounted

solar electric systems?

If Yes, Implement Strategies

to Eliminate or Reduce HPC

Review

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

WWW.LAW.PACE.EDU/LANDUSE

Local Example

• Town of Somers, NY

Rather than creating an exemption, Somers applies the NY-

Sun solar permit to all building types except for those in the

town’s Business Historic Preservation (BH-P) District.

Town of Somers, N.Y., Code § 170-14 through 18.5.

• Portsmouth, VA

Portsmouth exempts solar collector installations in historic

districts from obtaining a certificate of appropriateness if the

collector’s location is not visible from a public street.

Portsmouth, V.A., Code §40.1-2.3(I)(4)(f).

What assistance is available?

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

WWW.LAW.PACE.EDU/LANDUSE

Solarize Westchester

Technical Assistance

• Contact the Land Use Law Center at Pace Law School

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

WWW.LAW.PACE.EDU/LANDUSE

About the PV Trainers Network

The NY-Sun PV Trainers Network aims to lower the installation cost and expand adoption of solar PV systems throughout the state.

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training.ny-sun.ny.gov

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

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Stimulate the Market Place

Reduce Soft Costs

NY-Sun Initiative

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• Significantly expand installed solar capacity

• Attract private investment

• Enable sustainable development of a robust industry

• Create well-paying skilled jobs

• Improve the reliability of the electric grid

• Reduce air pollution

• Make solar available to all New Yorkers that want it

Statewide Goal of 3 GW

$961 Million Total Budget

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

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About the PV Trainers Network

Lead Organizations Supporting Organizations

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

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Community Strategy Session

PVTN Services Offered

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Intro to Solar Policy

Technical Assistance

In-Depth Trainings

Resources

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

WWW.LAW.PACE.EDU/LANDUSE

Community Strategy Session

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Intro to Solar Policy

Technical Assistance

In-Depth Trainings

Resources

Facilitated dialogue to assist local

decision makers in identifying market

barriers, opportunities, solutions, and

next steps to meeting goals

PVTN Services Offered

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

WWW.LAW.PACE.EDU/LANDUSE

Community Strategy Session

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Intro to Solar Policy

Technical Assistance

In-Depth Trainings

Resources

Quickly get up to speed on key solar policy issues:

• Developing a Solar Strategy.

• Land Use Planning for Solar

Energy.

• Zoning for Solar Energy.

• Streamlining Solar Permits.

• Growing your Solar Market.

• Expanding Solar with PACE.

• Solar Procurement for Local

Governments.

PVTN Services Offered

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

WWW.LAW.PACE.EDU/LANDUSE

Community Strategy Session

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Intro to Solar Policy

Technical Assistance

In-Depth Trainings

Resources

Targeted consulting to support implementation:

• Solar ordinance.

• Solar ready guidelines.

• Streamlined permitting.

• Smart permit fees.

• Engaging lenders.

• Solarize program.

PVTN Services Offered

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

WWW.LAW.PACE.EDU/LANDUSE

Community Strategy Session

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Intro to Solar Policy

Technical Assistance

In-Depth Trainings

Resources• Webinars.

• Podcasts.

• Toolkits.

• Model documents.

• Case studies.

PVTN Services Offered

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

WWW.LAW.PACE.EDU/LANDUSE

Resources: NY-Sun PV Trainers Network

Visit: https://training.ny-sun.ny.gov/

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

WWW.LAW.PACE.EDU/LANDUSE39

Resources: NY-Sun PV Trainers Network

Zoning for Solar Energy: Resource Guide

Land Use Planning for Solar Energy

https://training.ny-sun.ny.gov/images/PDFs/Zoning_for_Solar_Energy_Resource_Guide.pdf

https://training.ny-sun.ny.gov/images/PDFs/Land_Use_Planning_for_Solar_Energy.pdf

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

WWW.LAW.PACE.EDU/LANDUSE

� Attend a training

� Host an event

� Request one-on-one assistance

� Let us know what the Program is missing

Visit: https://training.ny-sun.ny.gov

Contact us: info@training.ny-sun.ny.gov

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Next Steps: What else can communities do?

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW

WWW.LAW.PACE.EDU/LANDUSE

Upcoming Trainings

November 05, 2015

• Thursday, November 05, 2015 08:30am - 03:30pmPermitting and Inspection Methods for Solar PV | Port Ewen, Ulster County

November 09, 2015

• Monday, November 09, 2015 08:30am - 03:30pmSolar PV for Engineers and Architects | Watertown, Jefferson County

• Monday, November 09, 2015 08:30am - 03:30pmSolar PV Permitting and Inspection Methods | Copiague, Suffolk County

November 10, 2015

• Tuesday, November 10, 2015 08:30am - 03:30pmSolar PV Permitting and Inspection Methods | Watertown, Jefferson County

November 14, 2015

• Saturday, November 14, 2015 09:00am - 04:00pmSolar PV Permitting and Inspection Methods | Wellsville, Allegany County

December 08, 2015

• Tuesday, December 08, 2015 09:00am - 04:00pmSolar PV for Engineers and Architects | New York, New York County

December 14, 2015

• Monday, December 14, 2015 08:30am - 03:30pmSolar PV Permitting and Inspection Methods | Copiague, Suffolk County

Thank You!

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Contact us:

Jessica Bacher Land Use Law Center Pace Law School jbacher@law.pace.edu