barrier removal for solar permitting removal for sola… · north salem exempts solar energy...
TRANSCRIPT
Barrier Removal for
Solar Permitting
LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW
WWW.LAW.PACE.EDU/LANDUSE
Jessica BacherLand Use Law Center
Pace Law [email protected]
(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
WWW.LAW.PACE.EDU/LANDUSE
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
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.
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
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 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
WWW.LAW.PACE.EDU/LANDUSE
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
WWW.LAW.PACE.EDU/LANDUSE
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
WWW.LAW.PACE.EDU/LANDUSE32
About the PV Trainers Network
Lead Organizations Supporting Organizations
LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAW
WWW.LAW.PACE.EDU/LANDUSE
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: [email protected]
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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