[HISTORY: Adopted by the Board of Trustees of the Village
of Dryden 4-11-2019 by L.L. No.
5-2019. Amendments noted where applicable.]
This chapter is adopted pursuant to §§ 7-700
through 7-704 of the Village Law of the State of New York, which authorize
the Village 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."
The purpose of this chapter is to balance the potential impact
on the community and neighboring properties of the installation of
solar energy systems while preserving the rights of property owners
to install solar energy systems without excess regulation, and to
promote optimum use of resources within the Village of Dryden.
As used in this chapter, the following terms shall have the
meanings indicated:
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 produces electricity for on-site consumption.
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 state-wide 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.
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
A solar energy system that is anchored to the ground via
a pole or other mounting system, detached from any other structure,
that generates electricity for on-site or off-site consumption.
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.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
Land, designated as "prime farmland" 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.
A solar energy system located on the roof of any legally
permitted building or structure that produces electricity for on-site
or off-site consumption.
Space open to the sun and clear of overhangs or shade so
as to permit the use of active and/or passive solar energy systems
on individual properties.
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
The components and subsystems required to convert solar energy
into electric energy suitable for use. The term includes, but is not
limited to, solar panels and solar energy equipment. The area of a
solar energy system includes all the land inside the perimeter of
the solar energy system, which extends to any interconnection equipment.
A solar energy system is classified as a Tier 1, Tier 2, or Tier 3
solar energy system as follows:
Tier 2 solar energy systems include ground-mounted solar energy
systems with system capacity up to 25 kW AC and that generate no more
than 110% of the electricity consumed on the site over the previous
12 months. In the case of new construction twelve-month consumption
shall be based on an estimate provided by a licensed engineer.
Tier 3 solar energy systems are systems that are not included
in the list for Tier 1 and Tier 2 solar energy systems.
A photovoltaic device capable of collecting and converting
solar energy into electricity.
Similar in appearance to solar energy system, but these systems
collect thermal energy (infrared) directly for use as heating. These
systems are regulated under this chapter as though they are solar
energy systems.
A device that stores energy and makes it available in an
electrical form.
Solar panels which automatically move on vertical and/or
horizontal axis to maximize exposure to solar light.
A.
The requirements of this chapter shall apply to all solar energy
systems permitted, installed, or modified in the Village of Dryden
after the effective date of this chapter, excluding general maintenance
and repair.
B.
Solar energy systems constructed or installed prior to the effective
date of this chapter shall not be required to meet the requirements
of this chapter.
C.
Modifications to an existing solar energy system that increase the
solar energy system area by more than 5% of the original area of the
solar energy system (exclusive of moving any fencing) shall be subject
to this chapter.
D.
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the New York State Uniform Fire Prevention
and Building Code ("Building Code"), the New York State Energy Conservation
Code ("Energy Code"), and the Village of Dryden Code.
A building permit shall be required for installation of all
solar energy systems.
A.
All Tier 1 solar energy systems shall be permitted in all zoning districts and shall be exempt from site plan review under Chapter 350, Zoning, or other land use regulation, subject to the following conditions for each type of solar energy systems.
B.
Tier 1 solar energy systems that do not meet one or more of the following conditions shall require site plan review under Chapter 350, Zoning, as a condition for approval.
(1)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems shall incorporate the following
design requirements:
[1]
Solar panels on pitched roofs shall be mounted with a maximum
distance of eight inches between the roof surface the highest edge
of the system.
[2]
Solar panels on pitched roofs shall be installed parallel to
the roof surface on which they are mounted or attached.
[3]
Solar panels on pitched roofs shall not extend higher than the
highest point of the roof surface on which they are mounted or attached.
[4]
Solar panels on roofs with a pitch of 1/12 or less shall not
extend above the top of the surrounding parapet, or more than 24 inches
above the surface of the roof, whichever is higher.
(b)
Glare. All solar panels shall have anti-reflective coating(s).
(c)
Height. All roof-mounted solar energy systems shall comply with
the height limitations in Appendix 3.[1]
[1]
Editor's Note: Appendix 3 is included as an attachment to this chapter.
(2)
Building-integrated solar energy systems shall be shown on the plans
submitted for the building permit application for the building containing
the system.
A.
All Tier 2 solar energy systems shall be permitted in all zoning districts as accessory structures and shall be exempt from site plan review under Chapter 350, Zoning, or other land use regulations, subject to the following conditions.
B.
Tier 2 solar energy systems that do not meet one or more of the following conditions shall require site plan review under Chapter 350, Zoning, as a condition for approval.
C.
Glare. All solar panels shall have anti-reflective coating(s).
D.
Setbacks.
(1)
Tier 2 solar energy systems shall be subject to the setback regulations
specified for the accessory structures within the underlying zoning
district, but in no case less than 10 feet. All ground-mounted solar
energy systems shall only be installed in the side or rear yards in
residential districts. Tracking units shall be measured from the closest
possible proximity to a property line.
(2)
Tier 2 solar energy systems shall comply with the height limitations
in Appendix 3.[1]
[1]
Editor's Note: Appendix 3 is included as an attachment to this chapter.
E.
Screening and visibility. All Tier 2 solar energy systems shall have
views minimized from adjacent properties to the extent reasonably
practicable.
All Tier 3 solar energy systems are permitted through the issuance
of a special use permit within any zoning districts, and subject to
site plan application requirements set forth in this section.
A.
Applications for the installation of Tier 3 solar energy system shall
be:
(1)
Reviewed by the Code Enforcement Officer for completeness. Applicants
shall be advised within 10 business days of the completeness of their
application or any deficiencies that must be addressed prior to substantive
review.
(2)
Subject to a public hearing to hear all comments for and against
the application. The Planning Board of the Village of Dryden shall
have a notice printed in a newspaper of general circulation in the
Village of Dryden at least five days in advance of such hearing. The
Village of Dryden shall have delivered the notice by first-class mail
to adjoining landowners (including across streets or other public
ways) of the property at least 10 days prior to such a hearing. Proof
of mailing shall be provided to the Planning Board at the public hearing.
(3)
Referred to the Tompkins County Planning Department pursuant to General
Municipal Law § 239-m if required.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(4)
Upon closing of the public hearing, the Planning Board shall take
action on the application within 62 days of the public hearing, which
can include approval, approval with conditions, or denial. The sixty-two-day
period may be extended upon consent by both the Planning Board and
applicant.
B.
Underground requirements. All on-site utility lines shall be placed
underground as permitted by the serving utility, with the exception
of the main service connection at the utility company right-of-way
and any new interconnection equipment, including without limitation
any poles, with new easements and right-of-way.
C.
Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
D.
Signage.
(1)
No signage or graphic content shall be displayed on the solar energy
systems except the manufacturer's name, equipment specification information,
safety information, and twenty-four-hour emergency contact information.
Said information shall be depicted within an area no more than eight
square feet.
(2)
As required by National Electric Code (NEC), disconnect and other
emergency shutoff information shall be clearly displayed on a light
reflective surface. A clearly visible warning sign concerning voltage
shall be placed at the base of all pad-mounted transformers and substations.
E.
Glare. All solar panels shall have anti-reflective coating(s).
F.
Lighting. Lighting of the solar energy systems shall be limited to
that minimally required for safety and operational purposes and shall
be reasonably shielded and downcast from abutting properties.
G.
Tree-cutting. Removal of existing trees larger than six inches diameter
at breast height should be minimized to the extent possible.
H.
Decommissioning.
(1)
Solar energy systems that have been abandoned and/or not producing electricity for a period of one year shall be removed at the owner and/or operators expense, which at the owner's option may come from any security made with the Village of Dryden, as set forth in § 268-10B herein.
(2)
A decommissioning plan (see Appendix 4)[1] signed by the owner and/or operator of the solar energy
system shall be submitted by the applicant, addressing the following:
(a)
The cost of removing the solar energy system.
(b)
The time required to decommission and remove the solar energy
system any ancillary structures.
(c)
The time required to repair any damage caused to the property
by the installation and removal of the solar energy system.
[1]
Editor's Note: Appendix 4 is included as an attachment to this chapter.
(3)
Security.
(a)
The deposit, executions, or filing with the Village of Dryden
Clerk of cash, bond, or other form of security reasonably acceptable
to the Village of Dryden Attorney, shall be in an amount sufficient
to ensure the good faith performance of the terms and conditions of
the permit issued pursuant hereto and to provide for the removal and
restorations of the site subsequent to removal. The amount of the
bond or security shall be 125% of the cost of removal of the Tier
3 solar energy system and restoration of the property with an escalator
of 2% annually for the life of the solar energy system. The decommissioning
amount shall be reduced by the amount of the estimated salvage value
of the solar energy system.
(b)
In the event of default upon performance of such conditions,
after proper notice and expiration of any cure periods, the cash deposit,
bond, or security shall be forfeited to the Village of Dryden, which
shall be entitled to maintain an action thereon. The cash deposit,
bond, or security shall remain in full force and effect until restoration
of the property as set forth in the decommissioning plan is completed.
I.
Site plan application. For any solar energy system requiring a special
use permit, site plan approval shall be required. Any site plan application
shall include the following information:
(1)
Property lines and physical features, including roads, for the project
site.
(2)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(3)
A one- or three-line electrical diagram detailing the solar energy
system layout, solar collector installation, associated components,
and electrical interconnection methods, with all National Electrical
Code compliant disconnects and over current devices.
(4)
A preliminary equipment specification sheet that documents all proposed
solar panels, significant components, mounting systems, and inverters
that are to be installed. A final equipment specification sheet shall
be submitted prior to the issuance of building permit.
(5)
Name, address, and contact information of proposed or potential system
installer and the owner and/or operator of the solar energy system.
Such information of the final system installer shall be submitted
prior to the issuance of building permit.
(6)
Name, address, phone number, and signature of the project applicant,
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the solar energy system.
(7)
Zoning district designation for the parcel(s) of land comprising
the project site.
(8)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
(9)
Erosion and sediment control and stormwater management plans prepared
to New York State Department of Environmental Conservation standards,
if applicable, and to such standards as may be established by the
Planning Board.
(10)
Prior to the issuance of the building permit or final approval
by the Planning Board but not required as part of the application,
engineering documents must be signed and sealed by a New York State
(NYS) licensed professional engineer or NYS registered architect.
J.
Special use permit standards.
(1)
Lot size. The property on which the Tier 3 solar energy system is
placed shall meet the lot size requirements in Appendix 1.[2]
[2]
Editor's Note: Appendix 1 is included as an attachment to this chapter.
(2)
Setbacks. The Tier 3 solar energy systems shall meet the setback
requirements in Appendix 2.[3]
[3]
Editor's Note: Appendix 2 is included as an attachment to this chapter.
(3)
Height. The Tier 3 solar energy systems shall comply with the height
limitations in Appendix 3[4] depending on the underlying zoning district.
[4]
Editor's Note: Appendix 3 is included as an attachment to this chapter.
(4)
Fencing requirements. All mechanical equipment, including any structure
for storage batteries, shall be enclosed by seven-foot-high fence,
as required by NEC, with a self-locking gate to prevent unauthorized
access.
(5)
Screening and visibility.
(a)
Solar energy systems smaller than five acres shall have views
minimized from adjacent properties to the extent reasonably practicable
using architectural features, earth berms, landscaping, or other screening
methods that will harmonize with the character of the property and
surrounding area.
(b)
Solar energy systems larger than five acres shall be required
to:
[1]
Conduct a visual assessment of the visual impacts of the solar
energy system on public roadways and adjacent properties. At a minimum,
a line-of-sight profile analysis shall be provided. 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 submitted by the applicant.
[2]
Submit a screening and landscaping plan to show adequate measures
to screen through landscaping, grading, or other means so that views
of solar panels and solar energy equipment shall be minimized as reasonably
practical from public roadways and adjacent properties to the extent
feasible.
[a]
The screening and landscaping 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 the applicable rules and standards established by the Village
of Dryden under the provisions for site plan review.
(6)
Agricultural resources. Tier 3 solar energy system owners shall develop,
implement, and maintain native vegetation to the extent practicable
pursuant to a vegetation 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
plant species and seed mixes.
K.
Ownership changes. If the owner or operator of the solar energy system
changes or the owner of the property changes, the special use permit
shall remain in effect, provided that the successor owner or operator
assumes in writing all of the obligations of the special use permit,
site plan approval, and decommissioning plan. A new owner or operator
of the solar energy system shall notify the zoning enforcement officer
of such change in ownership or operator within 30 days of the ownership
change.
A.
Solar energy systems and solar energy equipment shall be certified
under the applicable electrical and/or building codes as required.
B.
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 Tier 3 solar energy system is located in an ambulance
district, the local ambulance corps.
C.
If storage batteries are included as part of the solar energy system,
they shall meet the requirements of any applicable fire prevention
and building code when in use and, when no longer used, shall be disposed
of in accordance with the laws and regulations of the Village of Dryden
and any applicable federal, state, or county laws or regulations.
A.
The special use permit and site plan approval for a solar energy
system shall be valid for a period of 18 months, provided that a building
permit is issued for construction or construction is commenced. In
the event construction is not completed in accordance with the final
site plan, as may have been amended and approved, as required by the
Planning Board, within 18 months after approval, the applicant or
the Village of Dryden may extend the time to complete construction
for 180 days. If the owner and/or operator fails to perform substantial
construction after 24 months, the approvals shall expire.
B.
Upon cessation of electricity generation of a solar energy system
on a continuous basis for 12 months, the Village of Dryden may notify
and instruct the owner and/or operator of the solar energy system
to implement the decommissioning plan. The decommissioning plan must
be completed within 360 days of notification.
C.
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Village of Dryden may, at its discretion,
utilize the bond and/or security for the removal of the solar energy
system and restoration of the site in accordance with the decommissioning
plan.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision, or phrase of the aforementioned
sections, as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional, shall not affect the validity
or enforceability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and
effect.
