The Town Board of the Town of Eden adopts this chapter to accommodate
the use of solar energy systems and to regulate the placement of solar
energy systems so that the public health, safety, natural resources,
and aesthetics of the Town and its residents will not be jeopardized.
The following definitions shall apply to this chapter:
AGRICULTURAL DUAL-USE
Also referred to as "dual-use" or "agrivoltaic," this involves
the practice of co-locating solar photovoltaic panels on farmland
in such a manner that primary agricultural activities, including animal
grazing, crop or vegetable production, can continue simultaneously
on that farmland. Installations shall be regulated depending upon
generation capacity as defined herein.
APPLICANT
The person or entity filing an application and seeking an
approval under this chapter; the owner or operator of a solar energy
system or a proposed solar energy system; or any person acting on
behalf of an applicant, solar energy system or proposed solar energy
system. Whenever the term "applicant" or "owner" or "operator" is
used in this chapter, it shall include any person acting as an applicant,
owner or operator.
BUILDING-MOUNTED SOLAR ENERGY SYSTEMS
A combination of solar panels and solar energy equipment
integrated into any building envelope system, such as vertical facades,
semitransparent skylight systems, roofing materials, or shading over
windows, which produce electricity for on-site consumption.
COLLECTIVE SOLAR
Solar installations owned collectively through subdivision
homeowners' associations or similar groups. Collective solar
installations shall be regulated depending upon generation capacity
as defined herein.
FARMLAND OF STATEWIDE IMPORTANCE
Land, designated as "Farmland of Statewide Importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service's (NRCS) Soil Survey Geographic (SSURGO) Database on
Web Soil Survey, that is of statewide importance for the production
of food, feed, fiber, forage, and oilseed crops as determined by the
appropriate state agency or agencies. Farmland of statewide importance
may include tracts of land that have been designated for agriculture
by state law.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is affixed to the ground either
directly or by support structures or other mounting devices. Said
system is an accessory structure.
NATIVE PERENNIAL VEGETATION
Native wildflowers, forbs, and grasses that serve as habitat,
forage, and migratory way stations for pollinators and shall not include
any prohibited or regulated invasive species as determined by the
New York State Department of Environmental Conservation.
POLLINATOR
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
PRIME FARMLAND
Land, designated as "Prime Farmland" or "Prime if drained"
in the U.S. Department of Agriculture Natural Resources Conservation
Service's (NRCS) Soil Survey Geographic (SSURGO) Database on
Web Soil Survey, that has the best combination of physical and chemical
characteristics for producing food, feed, forage, fiber, and oilseed
crops and is also available for these land uses.
ROOFTOP-MOUNTED SOLAR ENERGY SYSTEM
Any solar energy system that is affixed to the roof or top
surface of a building or is wholly contained within the limits of
the roof or top surface, including roofing materials such as shingles
and tiles.
SOLAR ENERGY SYSTEM
Solar-energy-producing structures, equipment or devices used
for the production of heat, light, cooling, electricity or other forms
of energy, and which may be attached to or separate from the principal
structure on a lot. For the purposes of this chapter, a solar energy
system does not include any solar energy system of four square feet
in size or less.
SOLAR PANEL
A photovoltaic device capable of collecting and converting
solar energy into electricity.
Subject to the provisions of this chapter, solar energy systems
shall be allowed as follows:
A. All solar energy systems capable of producing 25kw of electricity
per hour or less are permitted in all zoning districts in the Town.
B. Utility-scale solar energy systems are only permitted in an Agricultural
Priority (AP), Rural Residential (RR), and Light Industrial (LI) District;
provided, however, that no utility-scale solar energy system is permitted
on any property in the MS4, floodplain or creekside overlay areas.
C. Any inconsistent provisions of Chapter
225, Zoning, which purport to or may be interpreted to allow solar energy systems in other districts are hereby superseded.
The placement, construction, and major modification of all solar
energy systems within the Town of Eden shall be permitted only as
follows:
A. All solar energy systems require a building permit.
B. Utility-scale solar energy systems shall be permitted only by special
use permit by the Town Board of Eden in use districts where allowed,
in accordance with the criteria established in this chapter, after
compliance with SEQRA, upon concurrent site plan approval issued by
the Town of Eden Planning Board, and upon issuance of a building permit
by the Town of Eden Building Department, and shall be subject to all
provisions of this chapter.
C. All solar energy systems existing on the effective date of this chapter
shall be allowed to continue usage as they presently exist. Routine
maintenance shall be permitted on such existing systems. New construction
other than routine maintenance shall comply with the requirements
of this chapter.
D. No solar energy system shall hereafter be used, erected, moved, reconstructed,
changed or altered except in conformity with this chapter.
E. Any applications (including variance applications) pending for solar
energy systems on the effective date of this chapter shall be subject
to the provisions of this chapter.
F. This chapter shall take precedence over any inconsistent provisions
of the Town of Eden Code.
A special use permit is required to place, construct or make
a major modification to a utility-scale solar energy system within
the Town. The applicant shall submit 12 sets of the following information
to the Code Enforcement Officer, who shall first present it to a professional
engineer or consultant for an initial review and then present it to
the Planning Board for its review and recommendation to the Town Board.
The Planning Board may make such additional referrals as it deems
appropriate. No such application shall be deemed filed until any required
application fee has been paid. The following information shall be
contained in the application:
A. A completed State Environmental Quality Review Act (SEQRA) environmental
assessment form (EAF), with the Town of Eden Planning Board designated
as lead agency for the SEQRA process.
B. Necessary permit information.
(1) Name, address, and telephone number of the property owner. If the
property owner is not the applicant, the application shall include
the name, address, and telephone number of the applicant and written
permission signed by the property owner authorizing the applicant
to represent the property owner; and
(2) Documentation of access to the project site(s), including location
of all access roads, gates, parking areas, etc.; and
(3) Utility interconnection data and a copy of written notification to
the utility of the proposed interconnection, including the CESIR (Coordinated
Electric System Interconnection Review) report application submitted
to the local utility; and
(4) One- or three-line electrical diagram detailing the solar energy
system installation, associated components, and electrical interconnection
methods, with all disconnects, and over-current devices.
C. A site plan in accordance with the Town of Eden's site plan
requirements, and in sufficient detail as follows:
(1) Plans and drawings of the solar energy system installation signed
by a professional engineer registered in New York State showing the
proposal layout of the entire solar energy system, with a description
of all components, whether on-site or off-site, existing vegetation
and proposed clearing and grading of all sites involved, and utility
lines, both above and below ground, on the site and adjacent to the
site; and
(2) Property lot lines and the location and dimensions of all existing
structures and uses on site within 500 feet of the solar panels; and
(3) Proposed fencing and/or screening for said project; and
(4) Clearing, grading, stormwater (including a stormwater management
and/or pollution prevention plan) and erosion control. Before the
Town of Eden shall issue a clearing, grading, stormwater or building
permit for a utility-scale solar energy system, the applicant shall
submit a stormwater and erosion control plan to the Town's professional
engineer or consultant for its review and approval, and the plan shall
minimize the potential adverse impacts on wetlands and Class I and
II streams and the banks and vegetation along those streams and wetlands,
and shall minimize erosion or sedimentation.
(5) Any such additional information as may be required by the Town's
professional engineer or consultant, Town Board, Planning Board, Town
Attorney or Code Enforcement Officer.
Special use permits issued for utility-scale solar energy systems
shall meet the following criteria:
A. Any utility-scale solar energy system shall be placed a minimum of
200 feet from all adjacent property lot lines. Such setbacks from
property lines will not apply if the application is accompanied by
a legally enforceable written agreement that runs with the property
for a period of 25 years or the life of the special use permit, whichever
is longer, stating that the adjacent landowner(s) agrees to the elimination
or reduction of the required setbacks. The setback requirements in
this section can only be varied by agreement process with adjoining
landowner(s), and not by a variance from the Zoning Board of Appeals
(ZBA); the ZBA retains its authority to review and approve use variances
and area variances pertaining to lot area, coverage, height, width,
and any other dimensional requirements set forth in Article 4. Any
agreement to reduce property line setbacks shall not constitute the
reduction or elimination of required setbacks from structures; setbacks
from structures, for safety reasons, shall not be reduced or eliminated.
B. The maximum height of a utility-scale solar energy system shall not
exceed 20 feet when oriented at maximum tilt.
C. All transmission lines and wiring associated with a utility-scale
solar energy system shall be buried to the power grid connection (including
along any roads or highways) and include necessary encasements in
accordance with the National Electrical Code and Town requirements.
The applicant is required to show the locations of all proposed underground
electric utility lines, including substations and junction boxes,
and other electrical components for the project on the site plan.
All transmission lines and electrical wiring shall be in compliance
with the utility company's requirements for interconnection.
D. Any signage used to advertise the solar energy facility shall be
in accordance with the Town's signage regulations.
E. At the Town Board's discretion, a screening and landscaping
plan may be required that includes a berm, landscape screen or other
opaque enclosure, or any combination thereof acceptable to the Town
capable of screening the site; at a minimum this may be required along
any property line that abuts an existing residence or public park.
The plan shall specify the locations, elevations, height, plant species,
and/or materials that will comprise the structures, landscaping, and/or
grading used to screen and/or mitigate any adverse aesthetic effects
of the system, following any applicable rules and standards established
by the Town for such elements. Existing vegetation may be used to
satisfy all or a portion of the required landscaped screening. Native
perennial vegetation shall be used wherever practicable.
F. After completion of a utility-scale solar energy system, the applicant
shall provide written post-construction certification from a professional
engineer registered in New York State that the project complies with
applicable codes and industry practices and has been constructed and
is operating according to the plans approved by the Town of Eden Planning
Board and/or Town Board.
G. A bond or other appropriate form of security shall be required to cover 150% times the cost of the removal and site restoration as determined by the Town's professional engineer or consultant, as noted in §
172-9D(2), and proof of such bond or security shall be filed prior to construction and on an annual basis with the Town Clerk.
H. The applicant is required to obtain all necessary regulatory approvals
and permits from all federal, state, county and local regulatory agencies
having jurisdiction over utility-scale solar energy systems.
I. The special use permit may be granted or denied, or granted with
stated written conditions. Denial of a special use permit shall be
by written decision based upon substantial evidence considered by
the Board. Upon issuance of a special use permit, the applicant shall
seek a building permit for the utility-scale solar energy system.
J. Host community agreement. To ensure that solar energy projects adequately
benefit the overall community and that solar energy resources are
used to support and mitigate the costs and impacts the solar development
will have on the community, applicants for utility-scale solar energy
systems shall enter into a host community agreement (HCA) with the
Town. The applicant or its successors shall be required to pay the
Town a mutually agreed upon host community fee annually to compensate
the Town for any expenses (e.g., monitoring, inspections) and environmental
impacts associated with the project as may be necessary to protect
the Town's and its citizens' interest. The host community
fee shall be in addition to any payment in lieu of taxes (PILOT) which
may be authorized to be collected by the Town.
K. Environmental review. In addition, the Town Board shall be designated
as the lead agency for the SEQRA process. A visual site assessment
on public roadways and adjacent properties may also be requested,
subject to the discretion of the Town Board. At a minimum, a line-of-sight
profile analysis shall be provided as part of the site plan review.
Depending upon the scope and potential significance of the visual
impacts, additional impact analyses, including for example a digital
viewshed report, may be required to be submitted by the applicant.
L. Agricultural assessment.
(1) This assessment shall include the viability and suitability of the
site for agricultural production (as defined by NYS Agriculture and
Markets) and/or livestock grazing, with the identification and mapping
of prime farm soils, farmland of statewide importance, and the extent
of any agricultural activity taking place on such lands. Utility-scale
solar energy systems shall not be installed on more than 25% of prime
farm soils or farmland of statewide importance. Any prime farm soils
disturbed shall remain on site and may be stockpiled for future reclamation.
(2) The anticipated use of any remaining lands and/or the secondary use
of land within the solar energy system land area for agricultural
uses, i.e., agricultural dual-use, including, but not limited to,
grazing, wildflowers, pollinator habitat, etc., shall be identified
and mapped. A detailed plan specifying such uses shall be included
specifying seeding mix (native perennial vegetation), potential sources
of local grazing, or other information as specified by the Town Board.
M. Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
N. Operations and maintenance (O&M) plan.
(1) Plan to include a responsible entity for O&M activity, including
frequency of maintenance, frequency and scope of any replacement of
equipment, replacement of any fencing or screening vegetation, a safety
plan that includes any special instructions to local fire agencies,
and any other such information as required by the Town Board. Yearly
reporting on the operations of the facility shall be provided to the
Town Board. Where agricultural dual-use projects are proposed, an
O&M plan shall also include an agricultural monitor, approved
by the Town, to ensure that approved agricultural uses within the
project area are active and maintained.
(2) Solar energy systems shall be maintained in good working order and
in accordance with industry standards. Site access shall be maintained,
including snow removal at a level acceptable to the local Fire Department
and, if the utility-scale solar energy system is located in an ambulance
district, the local ambulance corps.
(3) Utility-scale solar energy system owners shall develop, implement,
and maintain native perennial vegetation to the extent practicable
pursuant to a vegetation and soil management plan by providing native
perennial vegetation and foraging habitat beneficial to game birds,
songbirds, and pollinators. To the extent practicable, when establishing
perennial vegetation and beneficial foraging habitat, the owners shall
use native perennial vegetation. Such plan shall be developed in coordination
with the Erie County Soil and Water Conservation District.
If the applicant violates any of the conditions of its special
use permit or site plan approval or building permit, or violates any
other local, state or federal laws, rules or regulations, this shall
be grounds for revocation of the special use permit, site plan approval
or building permit. Revocation may occur after the applicant is notified
in writing of the violations.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements, adopted for the
promotion of the public health, safety and general welfare. It is
not intended to interfere with, abrogate, or annul other rules, regulations
or laws, provided that whenever the requirements of this chapter are
at variance with the requirements of any other lawfully adopted regulations,
rules or laws, the most restrictive, or those which impose the highest
standards, shall govern. If any portion of this chapter is for any
reason held invalid, void, unconstitutional, or unenforceable by any
court of competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect
the validity of the remaining portions hereof.