[HISTORY: Adopted by the Town Board of the Town of Dayton 12-13-2017 by L.L. No. 1-2018. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 180.
This zoning for solar energy law is adopted pursuant to §§ 261
to 263 of the Town Law of the State of New York, which authorizes
the Town of Dayton to adopt zoning provisions that advance and protect
the health, safety, and welfare of the community, and "to make provisions
for, so far as conditions permit, the accommodation of solar energy
systems and equipment and access to sunlight necessary therefor."
A.
It is in the public interest to provide for and encourage renewable
energy systems. The purpose of this chapter is to facilitate the development
and operation of renewable energy systems based on sunlight.
B.
However, the Town of Dayton recognizes a growing need to properly
site the energy systems within the Town to protect agricultural, residential,
and business areas and to protect the health, safety, and general
welfare of the citizens of Dayton.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person or entity filing an application and seeking approval
under this chapter. When the term "applicant" or "owner" or "operator"
is used in this chapter, said term shall include any person acting
as an applicant, owner, or operator.
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.
A solar energy system that is anchored to the ground and
attached to a pole or similar mounting system, detached from any other
structure for the primary purpose of producing electricity for on-site
consumption.
Solar energy systems located on land primarily to convert
solar energy into electricity for off-site energy consumption. The
intent of this energy system is to supply energy into a utility grid
for sale to the general public.
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.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
A photovoltaic device capable of collection and converting
solar energy into electrical energy.
The requirements of this chapter shall apply to all solar energy
systems installed or modified after the effective date of this chapter,
excluding general maintenance and repair and building-integrated photovoltaic
systems.
A.
Rooftop-mounted solar energy systems are permitted in all zoning
districts in the Town of Dayton.
B.
Ground-mounted systems are permitted in all zoning districts as accessory
structures.
C.
Large-scale or utility-scale systems are permitted only in the Industrial
(I) and Agricultural-Forestry (A-F) districts.
[Amended 3-11-2020 by L.L. No. 1-2020]
A.
Rooftop-mounted solar energy systems upon issuance of a building
permit based on application information supplied by the Town's Code
Enforcement Officer.
B.
Ground-mounted solar energy systems upon issuance of a building permit
based on application information supplied by the Town's Code Enforcement
Officer.
C.
Large- or utility-scale solar energy systems will require a special
use permit in addition to the requirements set forth in this chapter.
D.
All solar energy systems shall adhere to all applicable federal,
state, county, and Town of Dayton laws, regulations, and building,
plumbing, electrical, and fire codes.
E.
No element of the solar energy system shall reflect sunlight as glare
or glint onto a neighboring property, public right-of-way, or aircraft
flight path.
A.
Height. Solar energy systems shall not exceed the maximum height
restrictions of the zoning district within which they are located
and are provided the same height exemptions granted to building-mounted
mechanical devices or equipment.
B.
Aesthetics. Roof-mounted solar energy system installations shall
incorporate, when feasible, the following design requirements.
(1)
Panels facing the front yard must be mounted at the same angle as
the roof's surface with a maximum distance of 18 inches between the
roof and highest edge of the system.
A.
Ground-mounted solar energy systems that use the electricity primarily
on site are permitted as accessory structures in the Town of Dayton.
B.
Location shall be no closer than twice the standard setback requirements
for an accessory structure in which the system is located.
C.
Location of the system shall be only in the side or rear yard.
D.
Orientation of the said solar energy system shall not be pointed
at any adjoining residential dwelling.
E.
Systems are limited to 50% for lot coverage. The surface of ground-mounted
solar panels shall be included in lot coverage and impervious surface
calculations.
[Amended 3-11-2020 by L.L. No. 1-2020]
Large- or utility-scale solar energy systems are permitted through
the issuance of a special use permit within the Industrial (I) and
Agricultural-Forestry (A-F) districts in the Town of Dayton in addition
to the requirements set forth in this chapter.
A.
Large- or utility-scale systems shall adhere to the height and setback
requirements of the underlying zoning district. Additional restrictions
may be imposed during the special use permit process.
B.
Large-scale systems shall be located only on lots with a minimum
size of 10 acres. Over 25,000 square feet of panels constitutes large
scale.
C.
Lot coverage. Systems are limited to 50% for lot coverage. The surface
of ground-mounted solar panels shall be included in lot coverage and
impervious surface calculations.
D.
All large-size solar energy systems shall be enclosed by fencing
to prevent unauthorized access. Warning signs with the owner's contact
information shall be placed on the entrance and the perimeter of the
fencing. The height and type of fencing shall be determined by the
special use permit process. The special use permit shall also determine
the size and location of perimeter signage.
E.
Solar systems that heat water for use that do not generate electricity
or a combination of both.
F.
On-site electrical interconnection lines and distribution lines shall
be placed underground, unless otherwise required by the utility.
G.
The removal of existing vegetation is limited to the extent necessary
for the construction and maintenance of the solar installation.
The applicant for a special use permit must provide the following
information unless waived by the approving board.
A.
Verification of utility notification. Foreseeable infrastructure
upgrades shall be documented and submitted. Off-grid systems are exempt
from this requirement.
B.
Name and address and contact information of the applicant, property
owner(s), and agent submitting the proposed project.
C.
If the property of the proposed project is to be leased, legal consent
among all parties, specifying the use(s) of the land for the duration
of the project, including easements and other agreements, shall be
submitted.
D.
Application to the Town of Dayton Zoning Board of Appeals must be
made and site plan approval granted from that board.
E.
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems,
and inverters that are to be installed.
F.
A property operation and maintenance plan is required describing
continuing photovoltaic maintenance and property upkeep including
mowing, trimming, etc.
G.
The Town of Dayton may impose conditions on its approval of any special
use permit under this chapter in order to enforce the standards referred
to in this chapter or in order to discharge its obligations under
the State Environmental Quality Review Act (SEQRA).
H.
To insure proper removal of large-scale systems a decommissioning
plan shall be required. The plan is to include removal of all infrastructures
and the remediation of soil and vegetation back to its original state
prior to construction, unless otherwise permitted. A cost estimate
detailing the projected cost of executing the decommissioning plan
shall be prepared by a professional engineer or licensed contractor.
Inflation shall be taken into account in the cost estimates.
I.
Further, the Dayton Zoning Board of Appeals reserves the right to
submit all plans, drawings, documents, etc., to an engineering firm
of its choosing for review with the costs of said review to be the
responsibility of the applicant or his/her representative(s).
A.
Revocation. If the applicant violates any of the conditions of its
special use permit or building permit or site plan approval or violates
any other local, state or federal laws, rules or regulations, this
shall be grounds for revocation of the special use permit or site
plan approval. Revocation may occur after the applicant is notified
in writing of the violations.
B.
Time limit on completion. Upon receipt of any required approval by
the Dayton Zoning Board of Appeals, the applicant shall have six months
to apply for a building permit. After issuance of a building permit,
the applicant shall have six months to begin the project and 12 months
to complete the project. Upon receipt of any required approval by
the Dayton Zoning Board of Appeals, the applicant shall have 12 months
to begin the project before those approvals lapse. Prior to the lapse
of any approvals the applicant may, for just cause, apply by written
request to the Town Board for an extension to this time line.
C.
Utility-scale solar energy system. An applicant shall pay an initial
application fee of such amount as the Town Board may, from time to
time, determine by resolution, upon filing its special use permit
and site plan application to cover the cost of processing and reviewing
the application.
(1)
Fee for issuance of a building permit. In addition to any special
use permit application fee, an applicant shall pay a building permit
fee for utility-scale solar energy systems of such amount as the Town
Board may, from time to time, determine by resolution.
A.
Solar energy systems are considered abandoned after two years without
electrical generation and must be removed from the property. Applications
for extensions are reviewed by the Planning Board for a period of
one year.
B.
The Dayton Town Board reserves the right to require a form of surety
through escrow or bond, or the equivalency of, prior to the commencement
of construction to cover the cost of decommissioning the site.
C.
If the utility-scale solar energy system is not decommissioned after
being considered abandoned, the Town of Dayton may remove the system,
restore the property, and impose a lien on the property to cover all
the costs.
Any violation of this solar energy chapter shall be subject
to the same civil and criminal penalties provided for in the zoning
regulations of the Town of Dayton.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision or phrase of the aforementioned
subsections and declared by the valid judgement 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 force and effect.
Fees shall be as follows:
|
$3,000 nonrefundable application fee
| |
|
0 to 1 acre
|
$200
|
|
1 to 5 acres
|
$400
|
|
5 to 10 acres
|
$600
|
|
Over 10 acres
|
$1,000
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