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."
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
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.
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV)
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.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
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.
LARGE- OR UTILITY-SCALE SOLAR ENERGY SYSTEM
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.
ROOF-MOUNTED 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 ENERGY EQUIPMENT
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit 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 PANEL
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.
[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).
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
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0 to 1 acre
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$200
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1 to 5 acres
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$400
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5 to 10 acres
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$600
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Over 10 acres
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$1,000
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