This chapter shall be referred to as "Local Law No. 1-2017,"
entitled "A local law regulating solar energy systems, solar collections
systems, and solar energy production facilities (solar farms)."
This chapter is enacted pursuant to the Municipal Home Rule
Law. This chapter shall supersede the provisions of Town Law to the
extent that it is inconsistent with the same and to the extent permitted
by the New York State Constitution, the Municipal Home Rule Law or
any other applicable statute and authorizes the Town of Dickinson
to adopt zoning provisions that advance and protect the health, safety,
and welfare of the community and to make provision for, so far as
conditions may permit, the accommodation of solar energy systems and
equipment.
This "Zoning for Solar Energy" law is adopted to advance and
protect the public health, safety, and welfare of the Town of Dickinson,
including:
A. Taking advantage of a safe, abundant, renewable, and nonpolluting
energy resource;
B. Reducing the consumption of energy by the owners of commercial and
residential properties, including single-family homes;
C. Increasing employment and business development in the region by furthering
the installation of solar energy systems; and
D. Fulfilling the New York State clean energy mandate.
For the purposes of this chapter, and where not inconsistent
with the context of a particular section, the defined terms, phrases,
words, abbreviations and their derivations shall have the meaning
given in this section. When not inconsistent with the context, words
in the present tense include the future tense; words used in the plural
number include words in the singular number. The word "shall" is always
mandatory and not merely directory.
ACCESSORY STRUCTURE
A building or structure subordinate or supplemental to the
main building, located on the same property or lot and used for purposes
customarily incidental to those of the main building.
APPLICANT
Any person, firm or corporation submitting an application
to the Town of Dickinson for a site plan review for a solar energy
production facility.
BUILDING INTEGRATED PHOTOVOLTAIC SYSTEM
A combination of photovoltaic building components integrated
into any building envelope system, such as vertical facades, including
glass and other facade material, semitransparent skylight systems,
roofing materials, and shading over windows.
COMMERCIAL ACCESSORY FACILITY OR STRUCTURE/COMMERCIAL SOLAR
ENERGY SYSTEM
An accessory facility or structure serving or being used
in conjunction with solar energy production facilities and located
on the same property or lot as the solar energy production facility,
including, but not limited to, utility or transmission equipment,
storage sheds or cabinets, that produces more than 12 kwh of energy
and are fed directly into the grid primarily for off-site sale or
consumption.
ENERGY SYSTEM
An accessory facility or structure serving or being used
in conjunction with solar energy production facilities and located
on the same property or lot as the solar energy production facility,
including, but not limited to, utility or transmission equipment,
storage sheds or cabinets, that produces more than 12 kwh of energy
and are fed directly into the grid primarily for off-site sale or
consumption.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure, for the primary purpose of producing electricity.
NET METERING
A billing arrangement whereby the solar energy producer receives
credit for excess electricity generated and delivered to the power
grid, paying only for the power used.
PHOTOVOLTAIC SYSTEMS
A solar energy production system that produces electricity
by the use of semiconductor devices, i.e., photovoltaic cells, that
generate electricity when light strikes them.
RESIDENTIAL-SCALE SOLAR
A solar energy production system on a residential property
directly energizing the residential structure's electrical system
of that particular parcel that is up to 12 kwh.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
on-site or off-site consumption.
SOLAR COLLECTOR/SOLAR PANEL
A photovoltaic cell, panel or array which relies upon solar
radiation as an energy source for the generation of electricity.
SOLAR ENERGY EQUIPMENT
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduits of photovoltaic devices
associated with the production of electrical energy.
SOLAR ENERGY SYSTEM
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
SOLAR THERMAL SYSTEMS
A system that uses the sun's energy to heat water or
other fluids and can also power solar cooling systems.
The requirements of this chapter shall apply to all solar energy
systems installed or modified after its effective date, excluding
general maintenance and repair and building-integrated photovoltaic
systems.
Any applicant desiring relief or exemption from any aspect or
requirement of this chapter may request such from the Planning Board
at a pre-application meeting, provided that the relief or exemption
is contained in the original application for site plan review or,
in the case of an existing or previously granted site plan approval,
a request for modification of its facilities. Such relief may be temporary
or permanent, partial or complete, at the sole discretion of the Planning
Board. However, the burden of proving the need for the requested relief
or exemption is solely on the applicant to prove to the satisfaction
of the Planning Board. The applicant shall bear all costs of the Planning
Board or the Town in considering the request, and the relief shall
not be transferable to a new or different owner/operator for commercial
ground-mounted solar energy systems without the specific written permission
of the Planning Board. Such permission shall not be unreasonably withheld
or delayed. No such relief or exemption shall be approved unless the
applicant demonstrates by clear and convincing evidence that, if granted,
the relief or exemption will have no significant effect on the health,
safety and welfare of the Town, its residents and other service providers.
If there is any need for a commercial ground-mounted solar energy
system to apply for a variance, a public hearing shall be held by
the Zoning Board of Appeals, notice of which shall be published in
the official newspaper of the Town no less than 10 calendar days prior
to the scheduled date of the public hearing. In order that the applicant
shall notify nearby landowners at least three weeks prior to the date
of said public hearing, said applicant shall be required to provide
names and addresses of all landowners whose property is located within
1,500 feet of any property line of the lot on which the commercial
solar energy production system is proposed to be located. The applicant
shall provide an affidavit of legal notice and a notarized list of
property owners notified as well as a digital copy of said application.