Solar-Friendly Permitting and Zoning

INTRODUCTION TO SOLAR-FRIENDLY PERMITTING AND ZONING

Jeffrey LeJava, Pace Land Use Law Center

Permitting & Zoning Barriers

• Requiring multiple approvals like building and electrical permits along with site plan approval, special use permits, variances, design review board consideration increase the “soft costs” to installing roof-mounted solar PV systems

Time =• Zoning barriers include height limitations, set back

requirements, multiple land use board reviews

Solar-Friendly Permitting & Zoning

Project Components

• Collection of data from an estimated 80% of Westchester County’s 45 municipalities regarding current permitting processes (Municipal Survey)

• Adoption of the NYS Unified Solar Permit (allowing for minor modifications) by an estimated 67% (30 of 45) Westchester municipalities (municipalities that adopt the form in time will receive assistance accessing the Cleaner Greener Communities implementation funding allocated for this purpose)

• Creation of decision tree resource document to support municipalities in the removal of unnecessary zoning restrictions

• Through technical assistance provided by the Land Use Law Center, an estimated 5 to 10 municipalities shall remove or reduce zoning, regulatory or procedural barriers to installing PV

Step 1 - Municipal Survey

• Responses to the survey will help the project team create a base profile for each municipality on the Westchester Solar Road Map webpage

• Series of questions regarding a municipality’s permitting and zoning actions to become more solar friendly

• Questions derived from the U.S. Department of Energy-funded Solar Road Map initiative, but are adapted to New York State and local zoning and permitting requirements

• Most questions only require a simple yes or no response; comment field is provided for further explanation, however

• Surveys will be conducted by Croton Energy Group & the Land Use Law Center through in-person and telephone interviews

Step 1 (continued) – Solar Road Map

Landing page will be created for Westchester County with links to all participating municipalities.

Step 1 (continued) - Solar Road Map Example

Step 2 – Identification of Barriers & Best Practices to Overcome

• Based upon the results of the Municipal Survey, the Land Use

Law Center will:o Analyze the information and determine the top zoning and

procedural barriers to expedited PV installationo Identify regional and national best practices that

municipalities are using to eliminate these barrierso Develop a decision tree resource guide that will assist

municipalities in identifying and eliminating these barriers through the adoption of implementable best practices

Step 3 – Provision of Technical Assistance

• Conduct a second municipal workshop where the Land Use Law

Center will:o Disseminate the decision tree resource guide, ando Announce the availability of technical assistance to

municipalities to eliminate top zoning & procedural barriers

• Provide free technical assistance to 5 to 10 municipalities

WHAT IS THE SOLAR PV REVIEW PROCESS?Leo Wiegman, Croton Energy Group

Solar Installation Process Steps:

Applications/Approvals

• Apply for NYSERDA incentive

• Apply for Con Edison Interconnection Agreement

• Apply for Building Permit/Electrical Permit

• Receive all of the above

Installation

• ConEd net meter installation

• Order Meter• System Installed per

Approved Design• Submit 75% payment of

NYSERDA incentive (on delivery of materials)

Inspection/Signs Offs

• ConEd self-certification• Receive Con Edison

final approval letter• Electrical inspection• Building Dept.

inspection• Submit 25% Payment of

NYSERDA incentive• Receive Cert of

Occupancy

NYSERDA, Con Edison, Local Building Dept

Solar PV process timeline

4-6 weeks

• Contract signed• NYSERDA review

1 -6 weeks

• Municipal permit• Utility review

2 - 4 weeks

• Installation• Utility, Elec & local Inspections + C of O

1. NYSERDA review is very detailed Solar contractors submit to NYSERDA via online portal. Purpose: Technical (engineering) review to qualify project for PON 2112 incentive ($1 per watt). 1. Customer contract (length varies)2. Addendum to a Customer Purchase Agreement (4 pages) 3. Incentive Application Form (3 pages)4. Clipboard (Energy) Audit (4 pages)5. PV Designer Report (solar production of each array + PV equipment specs) (length varies, 3 pages per

array)6. Solar Access and Shade Report (length varies, up to 20 pages)7. Site photos (existing conditions) (1-2 pages)8. 3 line electrical drawing (1 page)9. Site map (showing structure on parcel and PV system location on structure) (1-2 pages)

2. Utility review

1. APPLICATION FOR NET METERING (Form G)2. Certificate of Compliance (CSA Certification of AC and DC components)3. 3 line electrical drawing (same as for NYSERDA)4. Equipment specifications (same as for NYSERDA)

Solar contractors submit a package to the local utility via online portal.Purpose: to obtain approval for the installation of a bi-directional (net) meter.

NYS Unified Solar Permit Challenges:

(1) Most local building permits do not anticipate solar PV systems, and may not collect key solar PV information.

(2) Lack of consistent permit standards across jurisdictions costs time and money for homeowner and solar installers.

(3) PV financed by lease or power purchase agreement do not have contractual construction costs, making permit fees based on value of construction difficult to verify.

Opportunities:(4) Design PV-specific permit to make sure local jurisdictions get the

information they should have on file.(5) Streamline fees to reflect lowered staff time in processing PV permits.(6) Adopt a system-size fee structure (a knowable number of kilowatts).

STREAMLINING SOLAR PERMITTING

Leo Wiegman, Croton Energy Group, ModeratorDan O’Connor, Village Engineer/Building Inspector, Village of Croton-on-HudsonRichard Mecca, Sr. Electrical Code Enforcement Officer, City of White PlainsBrad Tito, Sustainability Director, City of Yonkers