HomeMy WebLinkAbout2016-December attachments1
Memorandum
To: Marty Moseley, Planning Department Chairman
From: David Sprout, Planning Department
Subject: 7 lot subdivision, 426-430 Lake Road, Tax Parcel 49.-1-30.2
Date: December 21, 2016
The Planning Department is in receipt of a subdivision request from Carl Snyder, a real estate
broker with New York Land Quest. Mr. Snyder is representing Bluebird Golf Inc. (Randy and
Nancy Luberecki), owner of the Dryden Golf Course located at 426-430 Lake Road.
Having decided to close the golf course, Bluebird wishes to subdivide divide the 57.74acre
parcel into 7 lots, offering 6 for sale and retaining the seventh, 12.9acre lot which is located on
the northwest side of Lake Road. You will note that the application refers to a 6-lot subdivision.
Mr. Snyder recognizes that the seventh lot needs to be included in the subdivision.
State Environmental Quality Review, County Review, Ag & Markets
The proposed subdivision is an Unlisted Action. Per the Town’s Subdivision Law, Part 1 of the
Full Environmental Assessment Form (FEAF) is provided. Because the proposed subdivision
involves more than four (4) lots, is adjacent to the Dryden Lake Wildlife Management Area - a
multiple-use recreation area, and the 7th lot (the lot to be retained) is situated in Agriculture
District #1, the proposed subdivision is subject to 239-m County review.
Department Review/Recommendations
Mr. Snyder met with the Planning Department for a pre-application meeting to discuss the
subdivision. We discussed Conservation subdivisions and the Town’s Residential Design
Guidelines. Mr. Snyder indicated that the property owners are not interested in investing time
or money in the subdivision, only in selling the property.
Each proposed lot conforms to the minimum lot size and road frontage requirement of the
zoning district (Conservation) with each lot having its own road cut and driveway (contrary to
the guidelines).
The required components of a sketch plan are listed in Article X of the Town’s Subdivision Law
(Section 1000-B). A stormwater plan, addressing erosion and sediment controls, has yet to be
developed. That plan should include the 11 items listed in Section 1000 of the law
As always, please contact the Planning Department with any questions or concerns.
CC Carl Snyder
Planning Board
Erin Bieber, Planning Board Recording Secretary
Bambi Avery, Town Clerk
Deborah Cipolla-Dennis, Town Board Liaison
From: Ted Crane [mailto:site@tedcrane.com]
Sent: Wednesday, December 14, 2016 10:41 PM
To: Bambi Avery
Subject: Comments on proposed Dryden Solar Law
Comments On Proposed Dryden Solar Energy Law
Submitted by Ted Crane, 888 Comfort Road, Danby, NY
Although I am not a Dryden resident, I am submitting these comments because language and standards
used by one municipality often serve as root material for other municipalities. By improving Dryden's
law, I hope to improve the basis for a future Danby law.
A quick reading of Dryden's proposed law flagged two issues that are either technical errors or
intentional restrictions with unintended consequences: the size limits on ground-mounted, small-scale
systems, and the definition of large-scale systems. These, and a few other items, are detailed below.
Thank you
-ted crane
1. "Geothermal" vs "Ground Source"
“RENEWABLE ENERGY CONVERSION SYSTEM (RECS) – means a Renewable
Energy Conversion System other than a WECS or a Solar Energy System (as that term is defined in the
Zoning Law) and includes but is not limited to geothermal heat pumps, wood, wood pellet, hay and
other types of biomass stoves.”
The word "geothermal", although popular, is frequently misused and is misused in this context. The
correct word would be "heat pump system".
A heat pump can be either ground-source or air-source. A geothermal system relies on an underground
hot water source such as a geyser or thermal vent, while a ground source heat pump uses the ground
itself as the source medium. Air source heat pumps don't involve the ground at all.
Since Dryden has few subterranean hot water resources, use of "geothermal" is inappropriate.
Similarly, the omission of "air source heat pumps" may cause some problems. They are becoming more
popular these days.
2. Definition of Large Scale Systems
LARGE-SCALE SOLAR ENERGY SYSTEM - A Solar Energy System that feeds
electricity directly into the grid, is primarily for the purpose of onsite or offsite sale or electricity
consumption, and is larger than two thousand (2,000) square feet in area of solar collectors per lot
(measuring the equipment surface area). This system may be ground-mounted or building-mounted and
shall be limited to producing < 2 MWac (megawatts-alternating current).
For comparison purposes, my residential, ground-mounted solar PV system is made up of 65 solar
panels, each roughly 3'x5', or about 975 square feet. Since each panel generates about 230W (AC), the
total array generates no more than about 15kW (AC) at any given moment. This is at the upper end of
the physical size of a residential system, and the output is typical of the efficiency of PV systems.
Therefore, the limit of 2,000 square feet may be unreasonably large. Furthermore, a system would have
to be vastly larger than 2,000 square feet in size in order to begin to approach a 2mW output.
In fact, the total solar insolation in this region (solar energy reaching the ground in Dryden) doesn't even
begin to approach enough to generate 2mW in a 2,000 square foot area. Because PV systems are
typically only about 20 percent efficient, they can't capture the available insolation.
Whatever the intent of these limits is, the square footage and electrical output limits should be brought
into correspondence.
Similar reconsideration should be given to the definition of a Small Scale System.
Note that solar thermal (as opposed to PV) systems are included in the Small Scale definition, but not in
the Large Scale definition.
Because solar thermal systems are more efficient than solar PV, you can utilize a greater portion of the
solar insolation, but this would be in the form of heat. If you could convert the heat into electricity
(which is not typically how a smaller "large" system is used), you still couldn't get 2mW out of it.
There are few uses for large-sized solar thermal systems...for example, you could use it to heat water for
a car wash, but it's not cost-effective for much else; if the hot water is mission-critical, you have to
provide a backup heat source for cloudy days
3. Line of Sight
2. The installation of any Solar Energy System does not carry with it a right to a clear line of sight to the
sun. A Solar Energy Applicant, installer, or developer has the responsibility to make sure that the Solar
Energy System is positioned in such a way that it will achieve optimal energy production. It shall be the
responsibility of the Applicant, installer, or developer to gain any and all solar easements or agreements
to maintain a line of sight to the sun if necessary.
This is a key point.
4. Height of Building-Mounted Systems
2. 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 that apply to
building-mounted mechanical devices or equipment.
Although this is a fair restriction, it may result in a number of unnecessary Zoning Appeals when existing
buildings are retrofitted with solar panels. It might be prudent to allow solar panels to exceed the usual
height restriction by a foot or so, when they are added to existing structures.
5. Height of Small-Scale Systems
E. Ground-MountedSmall-ScaleSolarEnergySystems.
2. Ground-Mounted Small-Scale Solar Energy Systems are permitted as principal and accessory
structures in all zoning districts and shall adhere to the following:
a. Height and Setback. Ground-Mounted Solar Energy Systems shall not exceed seventeen (17) feet
in height, and the setback requirements of the underlying zoning district shall apply.
This is a significant limitation and is likely to cause an unexpected number of requests for Zoining
Variances.
Solar PV panels are typically 3'x5'. When mounted on a pole, to permit the array to be tilted to achieve
maximum performance, arrays are commonly sized up to 3x5 panels. In other words, up to a surface size
of 15'x15'. This array is mounted on a pole. It is prudent to allow at least 30" below the mounted array,
so that snow (in the winter) or vegetation (in the summer) will not interfere with the array. 15 feet plus
30 inches is more than the 17-foot limit.
To be careful, I should point out that the PV array will seldom, if ever, be placed in a fully vertical
position. Typically, it will not need to go beyond about 23 degrees from vertical. However, there is little
downside to making the limit 18 feet instead of 17 feet, and I strongly recommend this change.
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Hi Ray,
I hope that you’re doing well. Thank you for sending us the draft Solar Law. Following up on my voicemail I wanted to
provide the three comments below from Distributed Sun. Please let me know if you have any questions or feedback.
Thanks very much,
- Cliff
p. 6, Section 3.e. A Ground‐Mounted Large Scale Solar Energy System… is located on a single lot. It is unclear if this
would complicate owners interested in subdividing parcels to create single lots. It is our opinion that subdividing a
leased area from the remainder of a tax parcel creates a clearer delineation for taxation and property maintenance. It
would be problematic to have any language in the Law which appears to prohibit such a subdivision.
p. 7, Section 4.c.x. A lease is to be included with a site plan application. A solar lease agreement is a proprietary
document. As site plan applications are public, this is a problematic requirement. A Letter of Agreement or
Memorandum of Lease should suffice.
p. 10 J. Abandonment and Decommissioning. 2. At the time of obtaining a building permit, the Solar Energy Applicant
may be required to provide a financial security bond for removal of the Ground‐Mounted Large‐Scale Solar Energy
System and property restoration, with the Town of Dryden as the obligee, in an amount approved by the Town Board.
A removal bond is an unnecessary burden in the early years of a project. The solar equipment installed has a 30 year
lifespan. Also the scrap value of the raw materials in the project would more than defray any demolition labor costs. On
the separate concern of companies entering bankruptcy, the way that solar projects are financed is as separate legal
entities. This allows a solar project to keep operating throughout its life even if a parent company is no longer able to
operate. For example, in the unlikely event of bankruptcy or liquidation, the solar project, its payment obligations and
removal obligations would be transferred to a lender who would be able to own and operate the solar project
themselves or find a new owner/ operator. The solar project entity would still be required to remove all installed
equipment at the end of our land lease. In addition, studies performed by Brookhaven National Laboratory and written
quotes received on the scrap value of installed materials (silicon, steel, copper, aluminum) all show scrap value
exceeding equipment removal costs. Based on these analyses, we would propose having a removal bond in place only
for later years of operations (years 20 – 35) to supplement any forecasted cost of removal.
Thanks very much for your consideration of these comments. Please let us know if you have any questions or feedback.
- Cliff
Cliff Scher
Senior Development Manager
Distributed Sun LLC
C: (917) 921‐4473 / O: 202‐536‐5766 / cliff@distributedsun.com
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From: Ray Burger <rburger@dryden.ny.us>
Date: Tuesday, December 6, 2016 at 6:03 PM
To: "ron szymanski (rszymanski@frontiernet.net)" <rszymanski@frontiernet.net>, Bharath Srinivasan
<bharath@distributedsun.com>
Cc: Scott Starr <sstarr@dynamicenergyusa.com>, Richard Chun <richard.chun@delawareriversolar.com>
Subject: draft Solar Law and notice of public hearing attached
For your review and comment.
Ray
Ray Burger, Director of Planning
Town of Dryden
93 E. Main Street, Dryden, NY 13053
607‐844‐8888 x213
http://dryden.ny.us/departments/planning‐department
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TOWN OF DRYDEN
LOCAL LAW NO. __ OF THE YEAR 2016
A LOCAL LAW TO AMEND THE RENEWABLE ENERGY FACILITIES LAW
TO REMOVE ITS APPLICABILITY TO SOLAR ENERGY SYSTEMS AND
TO ADD SOLAR ENERGY SYSTEMS PROVISIONS TO THE ZONING LAW
Be it enacted by the Town Board of the Town of Dryden as follows:
Section 1. The Renewable Energy Facilities Law of the Town of Dryden, New York, Article
I (General) is amended as follows:
A. The definition of “Renewable Energy Conversion System (RECS)” in Section 5
(Definitions) is amended to read as follows:
“RENEWABLE ENERGY CONVERSION SYSTEM (RECS) – means a Renewable
Energy Conversion System other than a WECS or a Solar Energy System (as that term is
defined in the Zoning Law) and includes but is not limited to geothermal heat pumps, wood,
wood pellet, hay and other types of biomass stoves.”
B. Section 7 (Applicability), subsection D is amended by deleting the phrase “solar panels
mounted to the building being served;” so that subsection D reads as follows:
“D. Notwithstanding anything to the contrary in this local law, no Special Use Permit shall
be required for mechanical wind turbines less than 50 feet tall; tower, pole or other
independently structurally mounted RECS with a total height less than the structure served,
or for geothermal heat pumps, wood, wood pellet, hay and other types of biomass stoves.”
Section 2. The Town of Dryden Zoning Law, Article III (Definitions) is amended by adding
the following definitions:
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM - Photovoltaic building
components integrated into building envelope components such as glass or other building
façade materials, skylights, or roofing materials.
BUILDING-MOUNTED SOLAR ENERGY SYSTEM - A Solar Energy System located
on the exterior of any legally permitted building or structure or integrated into a building
envelope for the purpose of producing electricity or providing thermal energy for onsite or
offsite consumption. This system may be mounted to the roof or side of a Structure or be a
Building-Integrated Photovoltaic System.
GROUND-MOUNTED SOLAR ENERGY SYSTEM - A Solar Energy System that is
anchored to the ground and attached to a pole or other mounting system, that is detached
from any other structure, and that has the primary purpose of producing electricity or
thermal energy for onsite or offsite consumption.
LARGE-SCALE SOLAR ENERGY SYSTEM - A Solar Energy System that feeds
electricity directly into the grid, is primarily for the purpose of onsite or offsite sale or
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electricity consumption, and is larger than two thousand (2,000) square feet in area of solar
collectors per lot (measuring the equipment surface area). This system may be ground-
mounted or building-mounted and shall be limited to producing < 2 MWac (megawatts-
alternating current).
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 in excess of that generated and delivered to the power grid.
SMALL-SCALE SOLAR Energy System – A Solar Energy System that has the primary
function of serving the building(s) with which it is associated on the same lot, but also may
have the ability to sell small quantities of energy back to the electric utility provider and
does not exceed two thousand (2,000) square feet in area of solar collectors (measuring the
equipment surface area) per lot. This system may be ground-mounted or building-mounted,
and includes Building-Integrated Photovoltaic Systems, other types of photovoltaic Solar
Energy Systems, and Solar Thermal Systems.
SOLAR COLLECTOR - A photovoltaic cell, panel or array, or solar hot air or water
collector device, which relies upon solar radiation as an energy source for the generation of
electricity or transfer of stored heat.
SOLAR EASEMENT - A document recorded pursuant to NYS Real Property Law 335-b,
the purpose of which is to secure the right to receive sunlight across real property of another
for continued access to sunlight necessary to operate a Solar Energy System.
SOLAR ENERGY APPLICANT - Any person, firm, corporation or any other entity
submitting an application to the Town of Dryden for a Special Use Permit and/or Site Plan
Review for a Solar Energy System.
SOLAR ENERGY EQUIPMENT – Solar collectors, controls, inverters, energy
storage devices, and other materials and hardware, associated with the production of
electrical or thermal energy from solar radiation.
SOLAR ENERGY SYSTEM - An electrical or thermal energy generating system composed
of Solar Panels, Solar Collectors, Solar Thermal Systems, and/or Solar Energy Equipment.
SOLAR PANEL - A photovoltaic device capable of collecting and converting solar energy
into electrical energy.
SOLAR THERMAL SYSTEM – A system in which water or other liquid is directly heated
by the sunlight. The heated liquid is then used for purposes such as space heating and
cooling, domestic hot water and the heating of swimming pools.
Section 3. The Town of Dryden Zoning Law, Article V (Use Regulations), Section 501
(Allowable Use Groups Chart) is amended by adding “Solar Energy Systems” in the Uses column
of the chart and by adding the notation “See § 1312” for each zoning district cell in the Solar
Energy Systems row .
Section 4. The Town of Dryden Zoning Law, Article VII (Varna), Section 702 (Varna Use
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Regulations) is amended by adding “Solar Energy Systems” in the Uses column of the chart and by
adding the notation “See § 1312” for each zoning district cell and the Minimum Lot Size cell in the
Solar Energy Systems row.
Section 5. The Town of Dryden Zoning Law, Article XIII (Standards and Requirements for
Certain Uses) is amended by adding a new Section 1312 titled “Solar Energy Systems” as follows:
“Section 1312: Solar Energy Systems
A. Authority. This section is adopted pursuant to the powers granted by sections 261 and 263 of
the Town Law of the State of New York, which authorize the Town of Dryden 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 and access to sunlight necessary therefor.”
B. Statement of Purpose. This section is adopted to advance and protect the public health,
safety, and welfare of the Town of Dryden, including:
1. Taking advantage of a safe, abundant, renewable, and non-polluting energy resource;
2. Decreasing the cost of energy to the owners of commercial and residential properties,
including single-family houses; and
3. Increasing employment and business development in the region by furthering the
installation of Solar Energy Systems.
C. Applicability.
1. The requirements of this section shall apply to all Solar Energy Systems installed or modified
after its effective date, excluding general maintenance and repair and Building-Integrated
Photovoltaic Systems.
2. The installation of any Solar Energy System does not carry with it a right to a clear line of
sight to the sun. A Solar Energy Applicant, installer, or developer has the responsibility to
make sure that the Solar Energy System is positioned in such a way that it will achieve
optimal energy production. It shall be the responsibility of the Applicant, installer, or
developer to gain any and all solar easements or agreements to maintain a line of sight to
the sun if necessary.
3. The Town of Dryden Planning Department shall review and determine the correct path for
all permitting requirements.
D. Building-Mounted Solar Energy Systems.
1. Building-Mounted Solar Energy Systems that produce electricity or thermal energy for onsite or
offsite use are permitted as an accessory use in all zoning districts when attached to any
lawfully permitted building or structure.
2. Height. Solar Energy Systems shall not exceed the maximum height restrictions of the
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zoning district within which they are located and are provided the same height
exemptions that apply to building-mounted mechanical devices or equipment.
3. All Building-Mounted Solar Energy Systems that produce electricity or thermal energy for
onsite or offsite use shall be exempt from S ite Plan Review, unless such Building-
Mounted system increases the overall height of the structure by six (6) feet or more, in
which case Site Plan Review by the Planning Board shall be required.
4. All owners of Building-Mounted Solar Energy Systems must file a building permit
application with the Planning Department, and obtain a valid building permit, prior to
starting their installation.
E. Ground-Mounted Small-Scale Solar Energy Systems.
1. Ground-Mounted Small-Scale Solar Energy Systems shall not be located in the following
areas, unless otherwise approved by the Planning Board in conjunction with a Site Plan
Review process as provided in Article XI:
a. Prime farmland soils as identified by the Town of Dryden soil analysis maps.
b. Areas of potential environmental sensitivity, such as Unique Natural Areas as designated
by the Tompkins County Environmental Management Council, flood plains, historic
sites, airports, state-owned lands, conservation easements, trails, parkland, prime soils,
and wetlands as identified by Tompkins County Planning Department mapping services,
the New York State Department of Environmental Conservation, or the United States
Army Corps of Engineers.
c. Development is prohibited on slopes of greater than fifteen percent (15%) unless the
Solar Energy Applicant can demonstrate through engineering studies and to the
satisfaction of the Town Engineer that the proposed development will cause no adverse
environmental impact that will not be satisfactorily mitigated.
d. Placement within the front yards of residential lots.
2. Ground-Mounted Small-Scale Solar Energy Systems are permitted as principal and
accessory structures in all zoning districts and shall adhere to the following:
a. Height and Setback. Ground-Mounted Solar Energy Systems shall not exceed seventeen
(17) feet in height, and the setback requirements of the underlying zoning district shall
apply.
b. Lot Coverage. The horizontal surface area covered by ground-mounted solar collectors
shall be included in total lot coverage and when combined with the coverage of other
structures, the total area shall not exceed the maximum lot coverage as permitted in the
underlying zoning district.
3. Except as provided in subsection 1 above, Ground-Mounted Small-Scale Solar Energy
Systems shall be exempt from Site Plan Review.
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F. Ground-Mounted Large-Scale Solar Energy Systems.
1. Ground-Mounted Large-Scale Solar Energy Systems are permitted as principal and accessory
uses through the issuance of a Special Use P ermit as approved by the Town Board with prior
review and recommendations on the Site Plan by the Planning Board within Conservation,
Rural Agriculture, Rural Residential, Mixed-Use Commercial, and Light Industrial Zoning
Districts, subject to the requirements set forth in this section, including site plan approval.
Applications for the installation of a Ground-Mounted Large-Scale Solar Energy System
shall be reviewed by the Zoning Officer and referred, with comments, to the Town Board
for its review and action, which can include approval, approval on conditions, or denial.
a. Ground-Mounted Large-Scale Solar Energy Systems that produce electricity or thermal
energy primarily for active farming or agricultural uses, where the generation is less than
one hundred and ten percent (110%) of the farm use, shall be exempt from the
requirement to obtain a Special Use Permit.
2. Ground-Mounted Large-Scale Solar Energy Systems shall not be located in the following
areas unless otherwise approved by the Town Board in conjunction with the Special Use
Permit approval process as provided in this section:
a. Prime farmland soils as identified by the Town of Dryden soil analysis maps.
b. Areas of potential environmental sensitivity, including Unique Natural Areas, flood
plains, historic sites, airports, state-owned lands, conservation easements, trails,
parkland, prime soils, and wetlands as identified by Tompkins County Planning
Department mapping services, the New York State Department of Environmental
Conservation, or the United States Army Corps of Engineers.
c. On slopes of greater than fifteen percent (15%), unless the Solar Energy Applicant can
demonstrate through engineering studies and to the satisfaction of the Town Engineer
that the proposed development will cause no adverse environmental impact that will not
be satisfactorily mitigated.
3. No Special Use Permit or renewal thereof or amendment of a current Special Use Permit
relating to a Ground-Mounted Large-Scale Solar Energy System shall be granted by the
Town Board unless the Solar Energy Applicant demonstrates that such Ground-Mounted
Large-Scale Solar Energy System :
a. Conforms with all federal and state laws and all applicable rules or regulations
promulgated by any federal or state agencies having jurisdiction.
b. Is designed and constructed in a manner which minimizes visual impact to the extent
practical.
c. Complies with all other requirements of the Town of Dryden Zoning Law and the
Commercial Design Guidelines, unless expressly superseded herein.
d. Is situated on the lot on which it is to be developed in such a manner and location as to
allow for development of any portion of the Town’s Greenway that is also to be located
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on such lot in accordance with the Town’s Greenway Plan or any modification thereof as
determined by the Town Board.
e. Is located on a single lot.
f. Complies with a fifty-foot (50) front yard, rear yard, and side yard setback unless
mounted on an existing building.
g. Does not exceed seventeen (17) feet in height.
h. Has a solar collector surface area (as measured in the horizontal plane) that, when
combined with the coverage of other structures on the lot, does not exceed the maximum
lot coverage as permitted in the underlying zoning district, unless the Town Board
authorizes the exceedance through the Special Use Permit process.
4. Special Use Permit Application Requirements. For a Special Use Permit application, the site
plan application is to be used as supplemented by the following provisions and shall
include, but not be limited, to the following:
a. A completed project application form in such detail and containing such information as the
Town Board may require.
b. In fulfilling the requirements of the State Environmental Quality Review Act (“SEQRA”),
the Town Board may require a Full Environmental Assessment Form (“EAF”) for the
proposed Ground-Mounted Large-Scale Solar Energy System. The Town Board may
require submittal of a more detailed visual analysis based on the information in, or analysis
of, the EAF.
c. Site plan in accordance with the requirements of Article XI and this section including,
without limitation:
i. Name, address and phone number of the person preparing the reports.
ii. Postal address and Tax Map parcel number of the property.
iii. Zoning district in which the property is situated.
iv. The exact location including geographic coordinates of the proposed Ground-Mounted
Large-Scale Solar Energy System including any solar arrays, equipment and anchors, if
applicable.
v. Identification on site plans of areas of potential environmental sensitivity, including
onsite or nearby Unique Natural Areas, slopes greater than 15%, flood plains,
historic sites, airports, other government lands, conservation easements, trails,
parkland, prime soils, and wetlands as identified by Tompkins County Planning
Department mapping services, the New York State Department of Environmental
Conservation, or the United States Army Corps of Engineers.
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vi. The maximum height of the proposed Solar Energy System, including all
appurtenances.
vii. A detail of solar collector type including but not limited to equipment specification
sheets for all photovoltaic panels and collectors, significant components, mounting
systems, and inverters that are to be installed; and proposed solar energy production
capacity design level proposed for the Solar Energy System and the basis for the
calculations of the area of the Solar Energy System’s ’capacity.
viii. The location, type and intensity of any lighting on the site.
ix. Property boundaries and names of all adjacent landowners;
x. If the property of the proposed project is to be leased, legal consent between
all parties, specifying the use(s) of the land for the duration of the project, including
easements and other agreements, shall be submitted. The lease document must clearly
delineate the party responsible and the procedure for decommissioning at the end of
the life of the system and in the event the owner of the system abandons the system
for any reason.
xi. The location of all other structures on the property.
xii. The system shall be designed to accommodate emergency vehicle access. The design
may include, but not be limited to, items such as the height, access ways for vehicles,
firefighting capabilities, and other prominent features.
xiii. Blueprints and a site plan showing the layout of the Ground-Mounted Large-Scale
Solar Energy System, which must bear the seal of a design professional licensed to
practice in New York State.
xiv. Description of continuing Solar Energy System maintenance and property upkeep, such
as mowing and trimming.
xv. The location, nature and extent of any proposed fencing, landscaping and screening.
xvi. The location and nature of any proposed utility easements and access roads or drives.
xvii. A glare assessment survey and any mitigation efforts that may be utilized to minimize
glare on contiguous parcels of land.
xviii. A Decommissioning plan as set forth in the below provisions titled “Abandonment and
Decommissioning”.
5. Special Use Permit Standards.
a. Appearance and Buffering:
i. The Ground-Mounted Large-Scale Solar Energy System shall have the least visual
effect practical on the environment, as determined by the Town Board. Based on site
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specific conditions, including topography, adjacent structures, and roadways,
reasonable efforts shall be made to minimize visual impacts by preserving natural
vegetation, and providing landscape screening to abutting residential properties and
roads, but screening should minimize the shading of solar collectors.
ii. Any glare produced by the solar array shall not impair or make unsafe the use of
contiguous structures, any vehicles on or off the road, any airplanes, or uses by other
possible impacted entities as determined by the Town Board.
iii. Any exterior lighting installed shall have the least visual effect practical on the
contiguous properties and shall be approved by the Town Board.
iv. The Town Board may require additional information, such as line-of-sight drawings,
detailed elevation maps, visual simulations, before and after renderings, and alternate
designs to more clearly identify adverse impacts for the purpose of their mitigation.
v. Equipment and vehicles not used in direct support, renovations, additions or repair of
any Ground-Mounted Large-Scale Solar Energy System shall not be stored or parked
on the facility site.
b. Access and Parking:
i. Ground-Mounted Large-Scale Solar Energy Systems may be enclosed by fencing to
prevent unauthorized access. Warning signs with the owner’s name and emergency
contact information shall be placed on any access point to the system and on the
perimeter of the fencing. The fencing and the system shall be further screened by
any landscaping or decorative fencing needed to avoid adverse aesthetic impacts as
approved by the Town Board.
ii. Motion-activated or staff-activated security lighting around the equipment area of a
Ground-Mounted Large-Scale Solar Energy System or accessory structure entrance
may be installed provided that such lighting does not project off the site. Such
lighting should only be activated when the area within the fenced perimeters has been
entered.
iii. A locked gate at the intersection of the access way and a public road may be required
to obstruct entry by unauthorized vehicles. Such gate must be located entirely upon
the lot and not on the public right-of-way.
c. Engineering and Maintenance:
i. Every Solar Energy System shall be built, operated and maintained to acceptable
industry standards, including but not limited to the most recent, applicable standards
of the Institute of Electric and Electronic Engineers (“IEEE”) and the American
National Standards Institute (“ANSI”).
ii. The Town, at the expense of the Solar Energy Applicant, may employ its own
consultant(s) to examine the application and related documentation and make
recommendations as to whether the criteria for granting the Special Use Permit have
9
been met, including whether the Applicant’s conclusions regarding safety analysis,
visual analysis, structural inspection, and stormwater management aspects are valid
and supported by generally accepted and reliable engineering and technical data and
standards.
d. The Town Board may impose conditions on its approval of any Special Use Permit
under this section in order to enforce the standards referred to in this s ection or in order
to discharge its obligations under the State Environmental Quality Review Act
(SEQRA).
6. Any application under this section shall also meet all provisions contained in Article XI for
site plans that, in the judgment of the Town Board, are applicable to the system being
proposed.
G. Fees and Deposits.
1. The fees for a Special Use Permit, Site Plan Review and Building Permit application for a
Large-Scale Solar Energy System shall be set from time to time by Town Board resolution.
2. The fees for Site Plan Review shall be set from time to time by Town Board resolution.
3.2. The Solar Energy Applicant shall deliver with its application an amount equal to one percent
(1%) of the estimated cost of the project. This sum shall be held by the Town in a non-
interest bearing account, and these funds shall be available to the Town to pay consultants
engaged by the Town to assist in review of the application. Following grant or denial of the
application, the Town shall return to the Applicant any excess remaining in escrow. If the
escrow account has been depleted prior to grant or denial of the application, the Applicant
shall deposit such funds as are then necessary for the Town to pay any outstanding fees to
said consultants.
4. Building Permit Application Fees for Small-Scale Solar Energy Systems and Large-Scale
Solar Energy Systems shall be set from time to time by Town Board resolution.
H. Building Permits.
1. A holder of a Special Use Permit from the Town Board granted under this section shall
obtain, at its own expense, all permits and licenses required by applicable law, rule,
regulation or code and must maintain the same, in full force and effect, for as long as
required by the Town or other governmental entity or agency having jurisdiction over the
Solar Energy Applicant.
2. A holder of a Special Use Permit from the Town Board for a Solar Energy System shall
construct, operate, maintain, repair, provide for removal of, modify or restore the permitted
Solar Energy System in strict compliance with all current applicable technical, safety and
safety-related codes adopted by the Town, County, State or United States, including but not
limited to the most recent editions of the National Electrical Safety Code and the National
Electrical Code, as well as accepted and responsible workmanlike industry practices and
recommended practices. The codes referred to are codes that include, but are not limited to,
construction, building, electrical, fire, safety, health and land use codes. In the event of a
10
conflict between or among any of the preceding, the more stringent shall apply.
3. Unless waived by the Town Board, there shall be a pre-application meeting for the building
permit application. The purpose of the pre-application meeting will be to address issues
which will help to expedite the review and permitting process. A pre-application meeting
may also include a site visit, if required. Costs of the Town’s consultants to prepare for and
attend the pre-application meeting will be borne by the Solar Energy Applicant.
4. The Solar Energy Applicant shall furnish written certification that the Solar Energy System,
foundation and attachments are designed and will be constructed (“as built”) to meet all
local, county, state and federal structural requirements for loads, including wind and snow
loads. If the Solar Energy System is subsequently approved and constructed, similar as-built
certification indicating that it has been constructed in accordance with all standards shall be
furnished prior to the Town issuance of any certificate of occupancy or compliance.
5. After construction and prior to receiving a certificate of occupancy or compliance, the Solar
Energy Applicant shall furnish written certification that the Solar Energy System is
grounded and bonded so as to protect persons and property and installed with appropriate
surge protectors by a certified and approved NYS Licensed Electrical Inspector.
I. Right to Inspect.
1. In order to verify that the Solar Energy System’s owners and any and all lessees, renters
and/or operators of the Solar Energy System place, construct, modify and maintain such
Systems, including solar collectors and solar inverters, in accordance with all applicable
technical, safety, fire, building and zoning codes, laws, ordinances and regulations and other
applicable requirements, the Town may inspect all facets of said System’s placement,
construction, modification and maintenance.
2. Any inspections required by the Dryden Building Planning Department that are beyond its
scope or ability shall be at the expense of the Solar Energy Applicant.
J. Abandonment and Decommissioning.
1. At the time of submittal of the application for a Special Use Permit for a Ground-Mounted
Large-Scale Solar Energy System, the Solar Energy Applicant shall submit and agree to the
performance of a decommissioning plan that includes the removal of the Solar Energy System
and all associated equipment, driveways, structures, buildings, equipment sheds, lighting,
utilities, fencing, and gates. If such System becomes technologically obsolete or ceases to
perform its originally intended function for more than six (6) consecutive months, the Town
may require its removal in accordance with the decommissioning plan. Upon removal of a
Ground-Mounted Large-Scale Solar Energy System, the land shall be restored to its previous
condition, including but not limited to the seeding and sodding, as appropriate depending upon
the season of the work, of exposed soils.
2. At the time of obtaining a building permit, the Solar Energy Applicant may be required to
provide a financial security bond for removal of the Ground-Mounted Large-Scale Solar
Energy System and property restoration, with the Town of Dryden as the obligee, in an amount
approved by the Town Board. Upon any amendment of the Special Use Permit, the Town
11
Board may adjust the required amount to the financial security bond to adequately cover
increases in the cost of removal of the Ground-Mounted Large-Scale Solar Energy System and
property restoration. If the Ground-Mounted Large -Scale Solar Energy System is not
decommissioned after being considered abandoned, the Town may remove the system and
restore the property and impose a lien on the property pursuant to Section 1802.B to
recover these costs to the Town.
3. All other Solar Energy Systems shall be considered abandoned after 6 months without
electrical energy or thermal energy generation and must be removed from the property.
The Town Board may consider and grant, for good cause shown, an application for one
extension not exceeding 24 months for Solar Energy Systems other than Ground-Mounted
Large-Scale Solar Energy Systems.”
Section 56. This local law shall take effect upon filing in the office of the Secretary of State.
Section 67. The provisions of this local law are severable. If any court of competent
jurisdiction decides that any section, clause, sentence, part or provision of this local law is illegal,
invalid, or unconstitutional, such decision shall not affect, impair, or invalidate any of the remaining
sections clauses, sentences, parts, or provisions of the Local Law.
Section 78. This local law shall supersede or repeal any prior inconsistent Local Law.
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Proposed Simplification of Allowable Used Charts based on Comparing Allowed Uses to Zoning District Purposes & Primary Permitted Uses
1/10
Zoning District NR-Neighborhood Residential RR-Rural Residential RA- Rural Agricultural CV-Conservation
Purpose “...areas of the town where
established neighborhoods
are...in a rural landscape and
constitute the primary use.”
“... an area of the town where
residential uses situated in a rural
landscape constitute the primary
land use. Public water and sewer
does not exist in this area.
“...an area of the town primarily
for agricultural use and
associated natural areas
protection.”
“...protect...assets that warrant
protections from ...impacts of
development.”
Primary Uses “Single family homes are the
predominant form of
development, and future
development is unlikely. Home
Occupations are the primary
commercial activity in this
district. Agriculture is an
allowed use in this District”
Single and two family homes are
the predominant form of
development Agriculture is also
expected to be a substantial land
use well into the future.”
“... area that is intended to
remain rural and where
agriculture is recognized as the
primary land use. Small scale
rural businesses which are
agriculturally related or
supporting may be appropriate
in this district.”
Residential and agriculture
Business Group NR-Neighborhood Residential RR-Rural Residential RA- Rural Agricultural CV-Conservation
Automotive Repair
Garage (sec. 1310)
X SUP change to X
10 customer parking slots + 2 slots/3-
employees AND vehicles stored for
service or repair AND a structure or
fenced areas for service and/or car
washing Not consistent
with X in NR & Not consistent with
Purpose or Primary Uses permitted in
District
SUP change to X
10 customer parking slots + 2 slots/3-
employees AND vehicles stored for
service or repair AND a structure or
fenced areas for service and/or car
washing Not consistent with
Purpose or Primary Uses permitted in
District
SUP change to X
10 customer parking slots + 2 slots/3-
employees AND vehicles stored for
service or repair AND a structure or
fenced areas for service and/or car
washing Not consistent with
Purpose or Primary Uses permitted in
District
Proposed Simplification of Allowable Used Charts based on Comparing Allowed Uses to Zoning District Purposes & Primary Permitted Uses
2/10
Zoning District NR-Neighborhood Residential RR-Rural Residential RA- Rural Agricultural CV-Conservation
Automotive Salvage
and Junk Yards
X X SUP change to X
A Lot or Structure and any place of
storage of 2 or unregistered old or
2d-hand vehicles for purpose of
resale of used parts and/reclaiming
materials therein (or equal in bulk to
2 vehicles)
NOT consistent with Purpose or
Primary Uses permitted in District
SUP change to X
A Lot or Structure and any place of
storage of 2 or unregistered old or 2d-
hand vehicles for purpose of resale of
used parts and/reclaiming materials
therein (or equal in bulk to 2 vehicles)
NOT consistent with Purpose or
Primary Uses permitted in District
Automotive Towing
Service (sec. 1306)
X X SUP change to X
Up to 15 vehicles at a time in
screened & fenced-in area to obstruct
views from adjacent properties &
highways; storage limits = 21-90
days
Not consistent with “X” in other NR
or RR & Not consistent with Purpose
or Primary Uses allowed in District
X
Campground X SUP change to X
transient occupancy by camping in
tents, trailers, motor homes movable or
temporary sleeping quarters of any
kind
Not consistent with X in NR & Not
consistent with Purpose of District or
Primary Uses permitted in District
SUP change to X
transient occupancy by camping in
tents, trailers, motor homes movable
or temporary sleeping quarters of any
kind
Not consistent with Purpose of
District or Primary Uses permitted in
District
SUP change to X
transient occupancy by camping in
tents, trailers, motor homes movable or
temporary sleeping quarters of any kind
Not consistent with Purpose of District
or Primary Uses permitted in District
Contractor's Yard X SUP change to X
Space used for storage of construction
equipment, machinery, vehicles, or
parts kept by a contractor—can be in or
outside a building
Not consistent with X in NR & not
consistent with Purpose of District or
Primary Uses permitted in District
SUP P change to X
Space used for storage of construction
equipment, machinery, vehicles, or
parts kept by a contractor—can be in or
outside a building
Not consistent with Purpose of District
or Primary Uses permitted in District
Day Care Center,
Child
X SUP change to X
A facility NOT a dwelling unit where
care is provided regularly to 3 or more
SUP change to X
A facility NOT a dwelling unit where
care is provided regularly to 3 or
X
Proposed Simplification of Allowable Used Charts based on Comparing Allowed Uses to Zoning District Purposes & Primary Permitted Uses
3/10
Zoning District NR-Neighborhood Residential RR-Rural Residential RA- Rural Agricultural CV-Conservation
children (= second building for child
care)
Not consistent with X in NR & not
consistent with Purpose of District or
Primary Uses permitted in District
more children (= second building for
child care)
Not consistent with Purpose of
District or Primary Uses permitted in
District
Inn X SUP change to X
Commercial facility resembling
traditional residential construction
providing (temporary) lodging, meals,
common dining facilities, common
leisure room for lodgers & general
public
Not consistent with X in NR; Traffic,
parking, transient occupants, # of
occupants hours of lodgers coming and
going not consistent with Purpose of
District or Primary Uses permitted in
District
SUP SUP change to X
Commercial facility resembling
traditional residential construction
providing (temporary) lodging, meals,
common dining facilities, common
leisure room for lodgers & general
public
Traffic, parking, transient occupants, #
of occupants hours of lodgers coming
and going not consistent with Purpose
of District or Primary Uses permitted in
District
Kennel (sec 1308) X SUP change to X
Commercial establishment where 4 or
more animals are kept raised, sold,
boarded, bred, shown, treated, or
groomed on a lot with a minimum of 5
acres for kennels or other facility with
outdoor runs; all facilities located
adequate distance from property line to
reduced noise from barking animals;
Board authorized to impose such
conditions to avoid or minimize traffic,
noise, odors or other impairments to
the use, enjoyment, and value of the
property in area of kennel
Not consistent with X in NR & not
consistent with Purpose of District or
Primary Uses permitted in District
SUP SUP change to X
Commercial establishment where 4 or
more animals are kept raised, sold,
boarded, bred, shown, treated, or
groomed on a lot with a minimum of 5
acres for kennels or other facility with
outdoor runs; all facilities located
adequate distance from property line to
reduced noise from barking animals;
Board authorized to impose such
conditions to avoid or minimize traffic,
noise, odors or other impairments to the
use, enjoyment, and value of the
property in area of kennel
Not consistent with Purpose of District
or Primary Uses permitted in District
Large Scale Retail
Development
X SUP change to X
There is no Definition for this Use
term—closest ones might be p. 14
X X
Proposed Simplification of Allowable Used Charts based on Comparing Allowed Uses to Zoning District Purposes & Primary Permitted Uses
4/10
Zoning District NR-Neighborhood Residential RR-Rural Residential RA- Rural Agricultural CV-Conservation
“Retail Center” or “Retail Plaza;”
Not consistent with X in NR & RA;
Not consistent with Retail Shopping
Centers/Plazas being X in RR; Traffic,
parking, hours of operation, customers
coming and going, on-site activities not
consistent with Purpose of District or
Primary Uses permitted in District
Professional Office X SUP change to X
[Separate?] Structure used for
organizational, administrative, business
aspects of trade or profession
characterized by low traffic and
pedestrian volumes, lack of noise and
low density of building development
Not consistent with X in NR; Not
consistent with Purpose of District or
Primary Uses permitted in District
P SUP change to X
Structure used for organizational,
administrative, business aspects of
trade or profession characterized by low
traffic and pedestrian volumes, lack of
noise and low density of building
development
Not consistent with Purpose of District
or Primary Uses permitted in District
Restaurant. X SUP change to X
Establishment including a Tavern
where food is prepared, served, sold,
and alcoholic beverages are consumed
on premises—excludes bars.
Not consistent with X in NR; Parking,
traffic, hours, activities not consistent
with Purpose of District or Primary
Uses permitted in District
SUP change to X
Establishment including a Tavern
where food is prepared, served, sold,
and alcoholic beverages are
consumed on premises—excludes
bars.
Parking, traffic, hours, activities not
consistent with Purpose of District or
Primary Uses permitted in District
X
Retail Business X SUP change to X
Any business involving the sale of
small quantities of a larger inventory to
transient customers in a shop or other
building including electronic or mail
sales
Not consistent with X in NR or RA; A
Shop or “other building”, customer
parking, traffic, hours, activities not
consistent with Purpose of District or
Primary Uses permitted in District
X X
Proposed Simplification of Allowable Used Charts based on Comparing Allowed Uses to Zoning District Purposes & Primary Permitted Uses
5/10
Zoning District NR-Neighborhood Residential RR-Rural Residential RA- Rural Agricultural CV-Conservation
Retreat or
Conference Center
X SUP SUP SUP change to X
facility used for meetings or
seminars with accommodations
limited to attendees. They can
include sleeping, eating, and
recreation.
Not consistent with Purpose of
District or Primary Uses permitted
in District
Service Business X SUP change to X
Any organization that provides
services to individuals, businesses,
industry, government, or other
enterprises.
(Existing definition of Use is very
broad with no limits on buildings,
activities, traffic, persons on site,
etc.)
Without more specificity can't
know whether Use compatible with
Purpose of District and Primary
Uses allowed in District; could be
inconsistent with X in NR
SUP change to X
Any organization that provides
services to individuals,
businesses, industry, government,
or other enterprises.
(Existng definition of Use is very
broad with no limits on buildings,
activities, traffic, persons on site,
etc.)
Without more specificity can't
know whether Use is compatible
with Purpose of District and
Primary Uses allowed in District;
could be inconsistent with X in
NR or an X for RR
X
Proposed Simplification of Allowable Used Charts based on Comparing Allowed Uses to Zoning District Purposes & Primary Permitted Uses
6/10
Bed and Breakfast
home
P P P SUP change to X
A dwelling with resident host in a
single family home with common
dining, leisure, and lodging rooms
for over-night guests. Up to 10
lodgers in 3-5 guest rooms.
Not consistent with Purpose of
District or Primary Uses
permitted in District
Congregate Care
Facility
X P to SUP or X
Facility for residential care and
services for persons [with a staff
providing] 24-hour services run in
accordance with NYS requirements for
such a Care Facility;
P is inconsistent with X in NR. No
guidelines on # of persons on site or #
of buildings plus 24-hour operations
prevents this Use from being clearly
consistent with Purpose of District or
Primary Uses permitted in the District;
SUP status could enable Town to
attempt to make Use compatible with
its Zoning.
P to SUP or X
Facility for residential care and
services for persons [with a staff
providing] 24-hour services run in
accordance with NYS requirements
for such a Care Facility;
No guidelines on # of persons on site
or # of buildings plus 24-hour
operations prevents this Use from
being clearly consistent with Purpose
of District or Primary Uses permitted
in the District; SUP status could
enable Town to attempt to make Use
compatible with its Zoning.
P to X
Use seems clearly inconsistent
with Purpose of District and the
Primary Uses allowed in the
District.
Day Care home,
Group
P to SUP
A Dwelling Unit which is a personal
residence, occupied as a family
residence which provides daycare on
a regular basis to 7-12 children.
Amount of daily traffic to bring and
remove 7-12 children daily makes
this Use better mitigated by requiring
SUP than by allowing it as a matter
of Right.
P to SUP
A Dwelling Unit which is a personal
residence, occupied as a family
residence which provides daycare on a
regular basis to 7-12 children.
Amount of daily traffic to bring and
remove 7-12 children daily makes this
Use better mitigated by requiring SUP
than by allowing it as a matter of Right.
P to SUP
A Dwelling Unit which is a persona
residence, occupied as a family
residence which provides daycare on
a regular basis to 7-12 children.
Activities in Rural Agricultural
District and amount of daily traffic to
bring and remove 7-12 children daily
makes this Use better mitigated by
requiring SUP than by allowing it as
a matter of Right.
P to X
Use seems clearly inconsistent
with Purpose of District and the
Primary Uses allowed in the
District.
Home Occupation,
Level 2
X SUP SUP to P
A business on a residential
property which does not change
P to X
Use seems clearly inconsistent with
Purpose of District and the Primary
Proposed Simplification of Allowable Used Charts based on Comparing Allowed Uses to Zoning District Purposes & Primary Permitted Uses
7/10
Bed and Breakfast
home
P P P SUP change to X
A dwelling with resident host in a
single family home with common
dining, leisure, and lodging rooms
for over-night guests. Up to 10
lodgers in 3-5 guest rooms.
Not consistent with Purpose of
District or Primary Uses
permitted in District
the residential character and is
clearly secondary and incidental
to the residential use employing
no more than 3 people on site on
a daily basis and which may
employ more persons who don't
report daily.
Use seems very consistent with
Agricultural activities and so
should be allowed as a matter of
Right.
Uses allowed in the District.
Manufactured Home
Park
X SUP to X
By definition RR has NO
Municipal Water and Sewer;
therefore allowing this use IF there
is Municipal Water and Sewer does
not seem logical. Allowing 5+ units
on single lot where Primary Use
for District is single and two-
family homes is NOT consistent
with the Purpose of Primary Uses
for the District.
SUP (only with Municipal Water
and Sewer)
X
Senior Care Facility X SUP to X
“A living and care facility for over
ten [11 or more] seniors in a variety
of settings.”
SUP not consistent with X in NR.
SUP to X
“A living and care facility for
over ten [11 or more] seniors in a
variety of settings.”
Vague quality of Definition of
X
Proposed Simplification of Allowable Used Charts based on Comparing Allowed Uses to Zoning District Purposes & Primary Permitted Uses
8/10
Bed and Breakfast
home
P P P SUP change to X
A dwelling with resident host in a
single family home with common
dining, leisure, and lodging rooms
for over-night guests. Up to 10
lodgers in 3-5 guest rooms.
Not consistent with Purpose of
District or Primary Uses
permitted in District
Vague quality of Definition of Use
plus 10+ residents in facility
strongly suggests this Use is Not
consistent with Primary purpose of
District and/or the Primary allowed
Uses in the District.
Use plus 10+ residents in facility
strongly suggests this Use is Not
consistent with Primary purpose
of District and/or the Primary
allowed Uses in the District.
Proposed Simplification of Allowable Used Charts based on Comparing Allowed Uses to Zoning District Purposes & Primary Permitted Uses
9/10
Community Group NR-Neighborhood Residential RR-Rural Residential RA- Rural Agricultural CV-Conservation
Library X SUP to X
“A public institution with a Structure
containing printed, pictorial, and
audio visual material for public use
for purposes of study and reference.”
SUP not consistent with X exclusion
from NR and RA. Daily traffic and
operating on weekends not consistent
with Primary purpose of District and
Primary allowed Uses in District.
X X
Lodge or Club X SUP to X
A membership organization which
holds regular meetings and may
maintain dining facilities, serve
alcohol, or engage in professional
entertainment for member, guests,
and/or the general public including
retreats, recreation, education, culture,
health and”public interest related
programs.”
Not consistent with X in NR. Traffic,
activities, and operation hours not
consistent with Purpose of District or
Primary Uses permitted in District
SUP to X
A membership organization which
holds regular meetings and may
maintain dining facilities, serve
alcohol, or engage in professional
entertainment for member, guests,
and/or the general public including
retreats, recreation, education,
culture, health and”public interest
related programs.”
Traffic, activities, and operation
hours not consistent with Purpose
of District or Primary Uses
permitted in District
SUP to X
A membership organization
which holds regular meetings and
may maintain dining facilities,
serve alcohol, or engage in
professional entertainment for
member, guests, and/or the
general public including retreats,
recreation, education, culture,
health and”public interest related
programs.”
Not consistent with Purpose of
District or Primary Uses
permitted in District
Public Utility X to SUP
“Infrastructure and services that supply an
everyday necessity to the public at large, such
as Public Water and/or Public Sewer
Facilities, electricity, natural gas, and
telecommunications. ***” [To be amended
per Planning Board recommendation?]
X is not consistent with 1951 NYSEG-Town
Franchise Agreement and could ban
“everyday necessities” from NR.
SUP SUP SUP
Proposed Simplification of Allowable Used Charts based on Comparing Allowed Uses to Zoning District Purposes & Primary Permitted Uses
10/10
Recreational Group NR-Neighborhood Residential RR-Rural Residential RA- Rural Agricultural CV-Conservation
Recreational Facility,
Athletic
X SUP SUP SUP to X
A commercial or non-
commercial recreational use,
permanent or temporary for
conducting rrecreational
activities including swimming,
tennis, court games, field
sports, riding academies,
playground activities, etc.
excluding mechanical devices.
Traffic, infrastructure to
support access and activities
not consistent with Purpose of
District or Primary Uses
permitted in District
Recreational Facility,
Motorized
X X SUP SUP to X
A commercial or non-
commercial recreational use,
permanent or temporary
involving the operation of
motorized vehicles including
but not limited to go kart, dirt
bike, and race tracks.
Traffic, infrastructure to
support access and activities,
and activities described in Use
are not consistent with
Purpose of District or Primary
Uses permitted in District
1
Thank you Ray,
I can't attend the hearing but it's most welcome. The views of many residents of East main and Union streets in
the village has been forever aesthetically compromised by the careless installation of 3 large moveable solar
arrays. We were never consulted and there never was a a public hearing but we will have to live with them
blocking our view for the for see able future.
Bard
Bard V. Prentiss
27 East Main Street
Dryden, NY 13053
prentissb@frontiernet.net
607-844-4691
On Dec 2, 2016, at 6:28 PM, Ray Burger <rburger@dryden.ny.us> wrote:
Dear Board Members,
Attached for your review are the latest versions of the proposed zoning law and comp plan amendments
to address solar energy systems. The Town Board will conduct a public hearing at their 12/15 meeting
and that notice is also attached.
Ray
Ray Burger, Director of Planning
Town of Dryden
93 E. Main Street, Dryden, NY 13053
607‐844‐8888 x213
http://dryden.ny.us/departments/planning‐department
<Comprehensive Plan amendment re solar energy systems 12-2-
16.pdf><Local law--solar energy systems 12-02-16.pdf><Notice--Public
Hearing comp plan and zoning law amendments re solar 12-1....docx>
1
TOWN OF DRYDEN
LOCAL LAW NO. OF THE YEAR 2016
A LOCAL LAW TO AMEND THE RENEWABLE ENERGY FACILITIES LAW
TO REMOVE ITS APPLICABILITY TO SOLAR ENERGY SYSTEMS AND
TO ADD SOLAR ENERGY SYSTEMS PROVISIONS TO THE ZONING LAW
Be it enacted by the Town Board of the Town of Dryden as follows:
Section 1. The Renewable Energy Facilities Law of the Town of Dryden, New York, Article
I (General) is amended as follows:
A. The definition of “Renewable Energy Conversion System (RECS)” in Section 5
(Definitions) is amended to read as follows:
“RENEWABLE ENERGY CONVERSION SYSTEM (RECS) – means a Renewable
Energy Conversion System other than a WECS or a Solar Energy System (as that term is
defined in the Zoning Law) and includes but is not limited to geothermal heat pumps, wood,
wood pellet, hay and other types of biomass stoves.”
B. Section 7 (Applicability), subsection D is amended by deleting the phrase “solar panels
mounted to the building being served;” so that subsection D reads as follows:
“D. Notwithstanding anything to the contrary in this local law, no Special Use Permit shall
be required for mechanical wind turbines less than 50 feet tall; tower, pole or other
independently structurally mounted RECS with a total height less than the structure served,
or for geothermal heat pumps, wood, wood pellet, hay and other types of biomass stoves.”
Section 2. The Town of Dryden Zoning Law, Article III (Definitions) is amended by adding
the following definitions:
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM - Photovoltaic building
components integrated into building envelope components such as glass or other building
façade materials, skylights, or roofing materials.
BUILDING-MOUNTED SOLAR ENERGY SYSTEM - A Solar Energy System located
on the exterior of any legally permitted building or structure or integrated into a building
envelope for the purpose of producing electricity or providing thermal energy for onsite or
offsite consumption. This system may be mounted to the roof or side of a Structure or be a
Building-Integrated Photovoltaic System.
GROUND-MOUNTED SOLAR ENERGY SYSTEM - A Solar Energy System that is
anchored to the ground and attached to a pole or other mounting system, that is detached
from any other structure, and that has the primary purpose of producing electricity or
thermal energy for onsite or offsite consumption.
LARGE-SCALE SOLAR ENERGY SYSTEM - A Solar Energy System that feeds
electricity directly into the grid, is primarily for the purpose of onsite or offsite sale or
2
electricity consumption, and is larger than two thousand (2,000) square feet in area of solar
collectors per lot (measuring the equipment surface area). This system may be ground-
mounted or building-mounted and shall be limited to producing < 2 MWac (megawatts-
alternating current).
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 in excess of that generated and delivered to the power grid.
SMALL-SCALE SOLAR Energy System – A Solar Energy System that has the primary
function of serving the building(s) with which it is associated on the same lot, but also may
have the ability to sell small quantities of energy back to the electric utility provider and
does not exceed two thousand (2,000) square feet in area of solar collectors (measuring the
equipment surface area) per lot. This system may be ground-mounted or building-mounted,
and includes Building-Integrated Photovoltaic Systems, other types of photovoltaic Solar
Energy Systems, and Solar Thermal Systems.
SOLAR COLLECTOR - A photovoltaic cell, panel or array, or solar hot air or water
collector device, which relies upon solar radiation as an energy source for the generation of
electricity or transfer of stored heat.
SOLAR EASEMENT - A document recorded pursuant to NYS Real Property Law 335-b,
the purpose of which is to secure the right to receive sunlight across real property of another
for continued access to sunlight necessary to operate a Solar Energy System.
SOLAR ENERGY APPLICANT - Any person, firm, corporation or any other entity
submitting an application to the Town of Dryden for a Special Use Permit and/or Site Plan
Review for a Solar Energy System.
SOLAR ENERGY SYSTEM OWNER – Any person, firm, corporation or any other
entity which owns a Solar Energy System which has been granted a Special Use Permit by
the Town of Dryden.
SOLAR ENERGY EQUIPMENT – Solar collectors, controls, inverters, energy
storage devices, and other materials and hardware, associated with the production of
electrical or thermal energy from solar radiation.
SOLAR ENERGY SYSTEM - An electrical or thermal energy generating system composed
of Solar Collectors, Solar Thermal Systems, and/or Solar Energy Equipment.
SOLAR PANEL - A photovoltaic device capable of collecting and converting solar energy
into electrical energy.
SOLAR THERMAL SYSTEM – A system in which water or other liquid is directly
heated by the sunlight. The heated liquid is then used for purposes such as space heating and
cooling, domestic hot water and the heating of swimming pools.
Section 3. The Town of Dryden Zoning Law, Article V (Use Regulations), Section 501
(Allowable Use Groups Chart) is amended by adding “Solar Energy Systems” in the Uses column
of the chart and by adding the notation “See § 1312” for each zoning district cell in the Solar
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Energy Systems row.
Section 4. The Town of Dryden Zoning Law, Article VII (Varna), Section 702 (Varna Use
Regulations) is amended by adding “Solar Energy Systems” in the Uses column of the chart
and by adding the notation “See § 1312” for each zoning district cell and the Minimum Lot
Size cell in the Solar Energy Systems row.
Section 5. The Town of Dryden Zoning Law, Article XIII (Standards and Requirements for
Certain Uses) is amended by adding a new Section 1312 titled “Solar Energy Systems” as follows:
“Section 1312: Solar Energy Systems
A. Authority. This section is adopted pursuant to the powers granted by sections 261 and 263 of
the Town Law of the State of New York, which authorize the Town of Dryden 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 and access to sunlight necessary therefor.”
B. Statement of Purpose. This section is adopted to advance and protect the public health,
safety, and welfare of the Town of Dryden, including:
1. Taking advantage of a safe, abundant, renewable, and non-polluting energy resource;
2. Decreasing the cost of energy to the owners of commercial and residential properties,
including single-family houses; and
3. Increasing employment and business development in the region by furthering the
installation of Solar Energy Systems.
C. Applicability.
1. The requirements of this section shall apply to all Solar Energy Systems installed or modified
after its effective date, excluding general maintenance and repair and Building-Integrated
Photovoltaic Systems.
2. The installation of any Solar Energy System does not carry with it a right to a clear line of
sight to the sun. A Solar Energy Applicant, installer, or developer has the responsibility to
make sure that the Solar Energy System is positioned in such a way that it will achieve
optimal energy production, to the extent practical and as required by the Solar Energy
System Owner. . It shall be the responsibility of the Applicant, installer, or developer to
gain any and all solar easements or agreements to maintain a line of sight to the sun if
necessary.
3. The Town of Dryden Planning Department shall review and determine the correct path for
all permitting requirements.
4. Any and all permits granted pursuant to this section shall follow the related Solar Energy
System and any and all obligations of the Solar Energy Applicant described herein shall
be binding on its assignee, including any Solar Energy System Owner, if different from
the Solar Energy Applicant, and such assignee shall become the holder of the related
permit granted pursuant to this section.
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D. Building-Mounted Solar Energy Systems.
1. Building-Mounted Solar Energy Systems that produce electricity or thermal energy for onsite or
offsite use are permitted as an accessory use in all zoning districts when attached to any
lawfully permitted building or structure.
2. Height. Solar Energy Systems shall not exceed the maximum height restrictions of the
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2. zoning district within which they are located and are provided the same height
exemptions that apply to building-mounted mechanical devices or equipment.
3. All Building-Mounted Solar Energy Systems that produce electricity or thermal energy for
onsite or offsite use shall be exempt from Site Plan Review, unless such Building-
Mounted system increases the overall height of the structure by six (6) feet or more, in
which case Site Plan Review by the Planning Board shall be required.
4. All owners of Building-Mounted Solar Energy Systems must file a building permit
application with the Planning Department, and obtain a valid building permit, prior to
starting their installation.
E. Ground-Mounted Small-Scale Solar Energy Systems.
1. Ground-Mounted Small-Scale Solar Energy Systems shall not be located in the following
areas, unless otherwise approved by the Planning Board in conjunction with a Site Plan
Review process as provided in Article XI:
a. Prime farmland soils as identified by the Town of Dryden soil analysis maps.
b. Areas of potential environmental sensitivity, such as Unique Natural Areas as designated
by the Tompkins County Environmental Management Council, flood plains, historic
sites, airports, state-owned lands, conservation easements, trails, parkland, prime soils,
and wetlands as identified by Tompkins County Planning Department mapping services,
the New York State Department of Environmental Conservation, or the United States
Army Corps of Engineers.
c. Development is prohibited on slopes of greater than fifteen percent (15%) unless the
Solar Energy Applicant can demonstrate through engineering studies and to the
satisfaction of the Town Engineer that the proposed development will cause no adverse
environmental impact that will not be satisfactorily mitigated.
d. Placement within the front yards of residential lots.
2. Ground-Mounted Small-Scale Solar Energy Systems are permitted as principal and
accessory structures in all zoning districts and shall adhere to the following:
a. Height and Setback. Ground-Mounted Solar Energy Systems shall not exceed seventeen
(17) feet in height, and the setback requirements of the underlying zoning district shall
apply.
b. Lot Coverage. The horizontal surface area covered by ground-mounted solar collectors
shall be included in total lot coverage and when combined with the coverage of other
structures, the total area shall not exceed the maximum lot coverage as permitted in the
underlying zoning district.
3. Except as provided in subsection 1 above, Ground-Mounted Small-Scale Solar Energy
Systems shall be exempt from Site Plan Review.
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F. Ground-Mounted Large-Scale Solar Energy Systems.
1. Ground-Mounted Large-Scale Solar Energy Systems are permitted as principal and accessory
uses through the issuance of a Special Use P ermit as approved by the Town Board with prior
review and recommendations on the Site Plan by the Planning Board within Conservation,
Rural Agriculture, Rural Residential, Mixed-Use Commercial, and Light Industrial Zoning
Districts, subject to the requirements set forth in this section, including site plan approval.
Applications for the installation of a Ground -Mounted Large-Scale Solar Energy System
shall be reviewed by the Zoning Officer and referred, with comments, to the Town Board
for its review and action, which can include approval, approval on conditions, or denial.
a. Ground-Mounted Large-Scale Solar Energy Systems that produce electricity or thermal
energy primarily for active farming or agricultural uses, where the generation is less than
one hundred and ten percent (110%) of the farm use, shall be exempt from the
requirement to obtain a Special Use Permit.
2. Ground-Mounted Large-Scale Solar Energy Systems shall not be located in the following
areas unless otherwise approved by the Town Board in conjunction with the Special Use
Permit approval process as provided in this section:
a. Prime farmland soils as identified by the Town of Dryden soil analysis maps.
b. Areas of potential environmental sensitivity, including Unique Natural Areas, flood
plains, historic sites, airports, state-owned lands, conservation easements, trails,
parkland, prime soils, and wetlands as identified by Tompkins County Planning
Department mapping services, the New York State Department of Environmental
Conservation, or the United States Army Corps of Engineers.
c. On slopes of greater than fifteen percent (15%), unless the Solar Energy Applicant can
demonstrate through engineering studies and to the satisfaction of the Town Engineer
that the proposed development will cause no adverse environmental impact that will not
be satisfactorily mitigated.
3. No Special Use Permit or renewal thereof or amendment of a current Special Use Permit
relating to a Ground-Mounted Large-Scale Solar Energy System shall be granted by the
Town Board unless the Solar Energy Applicant demonstrates that such Ground-Mounted
Large-Scale Solar Energy System:
a. Conforms with all federal and state laws and all applicable rules or regulations
promulgated by any federal or state agencies having jurisdiction.
b. Is designed and constructed in a manner which minimizes adverse visual impact to
the extent practical.
c. Complies with all other requirements of the Town of Dryden Zoning Law and the
Commercial Design Guideline (as applicable, in accordance with generally
accepted commercial standards of the solar energy industry),Guidelines, unless
expressly superseded herein.
d. Is situated on the lot on which it is to be developed in such a manner and location as to
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allow for development of any portion of the Town’s Greenway that is also to be located
8
d. on such lot in accordance with the Town’s Greenway Plan or any modification
thereof as determined by the Town Board.
e. Is located on a single lot.
f. Complies with a fifty-foot (50) front yard, rear yard, and side yard setback unless
mounted on an existing building.
g. Does not exceed seventeen (17) feet in height.
h. Has a solar collector surface area (as measured in the horizontal plane) that, when
combined with the coverage of other structures on the lot, does not exceed the maximum
lot coverage as permitted in the underlying zoning district, unless the Town Board
authorizes the exceedance through the Special Use Permit process.
4. Special Use Permit Application Requirements. For a Special Use Permit application, the site
plan application is to be used as supplemented by the following provisions and shall
include, but not be limited, to the following:
a. A completed project application form in such detail and containing such information as the
Town Board may require.
b. In fulfilling the requirements of the State Environmental Quality Review Act (“SEQRA”),
the Town Board may require a Full Environmental Assessment Form (“EAF”) for the
proposed Ground-Mounted Large-Scale Solar Energy System. The Town Board may
require submittal of a more detailed visual analysis based on the information in, or analysis
of, the EAF.
c. Site plan in accordance with the requirements of Article XI and this section including,
without limitation:
i. Name, address and phone number of the person preparing the reports.
ii. Postal address and Tax Map parcel number of the property.
iii. Zoning district in which the property is situated.
iv. The exact location including geographic coordinates of the proposed Ground-Mounted
Large-Scale Solar Energy System including any solar arrays, equipment and anchors, if
applicable and to the extent known at the time of submission of the site plan.
v. Identification on site plans of areas of potential environmental
sensitivity, including onsite or nearby Unique Natural Areas, slopes
greater than 15%, flood plains, historic sites, airports, other
government lands, conservation easements, trails, parkland, prime
soils, and wetlands as identified by Tompkins County Planning
Department mapping services, the New York State Department of
Environmental Conservation, or the United States Army Corps of
Engineers.
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vi. The maximum height of the proposed Solar Energy System, including all
appurtenances.
vii. A detail of solar collector type including but not limited to equipment specification
sheets for all photovoltaic panels and collectors, significant components, mounting
systems, and inverters that are to be installed; and proposed solar energy production
capacity design level proposed for the Solar Energy System and the basis for the
calculations of the area of the Solar Energy System’s ’capacity.
viii. The location, type and intensity of any lighting on the site.
ix. Property boundaries and names of all adjacent landowners;
x. If the property of the proposed project is to be leased, legal consent between
all parties, specifying the use(s) of the land for the duration of the project, including
easements and other agreements, shall be submitted. The lease document must clearly
delineate the party responsible and the procedure for decommissioning at the end of
the life of the system and in the event the owner of the system abandons the system
for any reason.
xi. The location of all other structures on the property.
xii. The system shall be designed to accommodate emergency vehicle access. The design
may include, but not be limited to, items such as the height, access ways for vehicles,
firefighting capabilities, and other prominent features.
xiii. Blueprints and a site plan showing the layout of the Ground-Mounted Large-Scale
Solar Energy System, which must bear the seal of a design professional licensed to
practice in New York State.
xiv. Description of continuing Solar Energy System maintenance and property upkeep, such
as mowing and trimming.
xv. The location, nature and extent of any proposed fencing, landscaping and screening.
xvi. The location and nature of any proposed utility easements and access roads or drives.
xvii. MitigationA glare assessment survey and any mitigation efforts that may be utilized to
minimize glare on contiguous parcels of land, based on the review of which Planning
Board may require a glare assessment survey.
xviii. A Decommissioning plan as set forth in the below provisions titled “Abandonment and
Decommissioning”.
5. Special Use Permit Standards.
a. Appearance and Buffering:
i. The Ground-Mounted Large-Scale Solar Energy System shall have minimal
adversethe least visual effect as practical on the environment, as determined by the
Town Board. Based on site
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i. specific conditions, including topography, adjacent structures, and roadways,
reasonable efforts shall be made to minimize visual impacts by preserving natural
vegetation, and providing landscape screening to abutting residential properties and
roads, but screening should minimize the shading of solar collectors.
ii. Any glare produced by the solar array shall not impair or make unsafe the use of
contiguous structures, any vehicles on or off the road, any airplanes, or uses by other
possible impacted entities as determined by the Town Board.
iii. Any exterior lighting installed shall have the least visual effect practical on the
contiguous properties and shall be approved by the Town Board.
iv. The Town Board may require additional information, such as line-of-sight drawings,
detailed elevation maps, visual simulations, before and after renderings, and alternate
designs to more clearly identify adverse impacts for the purpose of their mitigation.
v. Equipment and vehicles not used in direct support, renovations, additions or repair of
any Ground-Mounted Large-Scale Solar Energy System shall not be stored or parked
on the facility site.
b. Access and Parking:
i. Ground-Mounted Large-Scale Solar Energy Systems may be enclosed by fencing to
prevent unauthorized access. Warning signs with the owner’s name and emergency
contact information shall be placed on any access point to the system and on the
perimeter of the fencing. The fencing and the system shall be further screened by
any landscaping or decorative fencing needed to avoid adverse aesthetic impacts as
approved by the Town Board.
ii. Motion-activated or staff-activated security lighting around the equipment area of a
Ground-Mounted Large-Scale Solar Energy System or accessory structure entrance
may be installed provided that such lighting does not project off the site. Such
lighting should only be activated when the area within the fenced perimeters has been
entered.
iii. A locked gate at the intersection of the access way and a public road may be required
to obstruct entry by unauthorized vehicles. Such gate must be located entirely upon
the lot and not on the public right-of-way.
c. Engineering and Maintenance:
i. Every Solar Energy System shall be built, operated and maintained to acceptable
industry standards, including but not limited to the most recent, applicable standards
of the Institute of Electric and Electronic Engineers (“IEEE”) and the American
National Standards Institute (“ANSI”).
ii. The Town, at the expense of the Solar Energy Applicant, may employ its own
consultant(s) to examine the application and related documentation and make
recommendations as to whether the criteria for granting the Special Use Permit have
11
ii. been met, including whether the Applicant’s conclusions regarding safety
analysis, visual analysis, structural inspection, and stormwater management aspects
are valid and supported by generally accepted and reliable engineering and
technical data and standards.
d. The Town Board may impose conditions on its approval of any Special Use Permit
under this section in order to enforce the standards referred to in this section or in order
to discharge its obligations under the State Environmental Quality Review Act
(SEQRA).
6. Any application under this section shall also meet all provisions contained in Article XI for
site plans that, in the judgment of the Town Board, are applicable to the system being
proposed.
G. Fees and Deposits.
1. The fees for a Special Use Permit, Site Plan Review and Building Permit for a Solar Energy
System shall be set from time to time by Town Board resolution.
2. The Solar Energy Applicant shall deliver with its application an amount equal to one percent
(1%) of the estimated construction cost of the project (the “Initial Deposit”).. This sum shall
be held by the Town in escrow in a non- interest bearing account, and these funds shall be
available to the Town to pay consultants engaged by the Town to assist in review of the
application. The Town shall provide the Solar Energy Applicant a list of expected
consultants and costs prior to engaging any such consultants to provide the Solar Energy
Applicant the opportunity to withdraw its application based on the review of such costs.
Following grant, denial or withdrawal Following grant or denial of the application, the
Town shall return to the Applicant any excess remaining in escrow. If the escrow account
has been depleted prior to grant or denial of the application, the Applicant shall deposit such
funds as are then necessary for the Town to pay any outstanding fees to said consultants.
The Town shall provide ten (10) days prior written notice to the Solar Energy Applicant in
the event the outstanding fees to said consultants shall exceed the amount of the Initial
Deposit.
H. Building Permits.
1. A holder of a Special Use Permit from the Town Board granted under this section shall
obtain, at its own expense, all permits and licenses required by applicable law, rule,
regulation or code and must maintain the same, in full force and effect, for as long as
required by the Town or other governmental entity or agency having jurisdiction over the
Solar Energy Applicant.
2. A holder of a Special Use Permit from the Town Board for a Solar Energy System shall
construct, operate, maintain, repair, provide for removal of, modify or restore the permitted
Solar Energy System in strict compliance with all current applicable technical, safety and
safety-related codes adopted by the Town, County, State or United States, including but not
limited to the most recent editions of the National Electrical Safety Code and the National
Electrical Code, as well as accepted and responsible workmanlike industry practices and
recommended practices. The codes referred to are codes that include, but are not limited to,
construction, building, electrical, fire, safety, health and land use codes. In the event of a
12
conflict between or among any of the preceding, the more stringent shall apply.
3. Unless waived by the Town Board, there shall be a pre-application meeting for the building
permit application. The purpose of the pre-application meeting will be to address issues
which will help to expedite the review and permitting process. A pre-application meeting
13
3. may also include a site visit, if required. Costs of the Town’s consultants to prepare
for and attend the pre-application meeting will be borne by the Solar Energy Applicant, such
costs to be paid from the Initial Deposit.
4. The Solar Energy Applicant shall furnish written certification that the Solar Energy System,
foundation and attachments are designed and will be constructed (“as built”) to meet all
local, county, state and federal structural requirements for loads, including wind and snow
loads. If the Solar Energy System is subsequently approved and constructed, similar as-built
certification indicating that it has been constructed in accordance with all standards shall be
furnished prior to the Town issuance of any certificate of occupancy or compliance.
5. After construction and prior to receiving a certificate of occupancy or compliance, the Solar
Energy Applicant shall furnish written certification that the Solar Energy System is
grounded and bonded so as to protect persons and property and installed with appropriate
surge protectors by a certified and approved NYS Licensed Electrical Inspector.
I. Right to Inspect.
1. In order to verify that the Solar Energy System’s owners and any and all lessees, renters
and/or operators of the Solar Energy System place, construct, modify and maintain such
Systems, including solar collectors and solar inverters, in accordance with all applicable
technical, safety, fire, building and zoning codes, laws, ordinances and regulations and other
applicable requirements, the Town may inspect all facets of said System’s placement,
construction, modification and maintenance.
2. Any inspections required by the Dryden Planning Department that are beyond its scope or
ability shall be at the expense of the Solar Energy Applicant.
J. Abandonment and Decommissioning.
1. At the time of submittal of the application for a Special Use Permit for a Ground-Mounted
Large-Scale Solar Energy System, the Solar Energy Applicant shall submit and agree to the
performance of a decommissioning plan that includes the removal of the Solar Energy System
and all associated equipment, driveways, structures, buildings, equipment sheds, lighting,
utilities, fencing, and gates. If such System becomes technologically obsolete or ceases to
perform its originally intended function for more than six (6) consecutive months, for reasons
other than for repairs or beyond the reasonable control of the Solar Energy System Owner, the
Town may require its removal in accordance with the decommissioning plan. The Town shall
provide the Solar Energy System Owner thirty (30) days prior written notice and in the
event a reasonable explanation for the delay is not provided with the such thirty (30) day
notice period, the Town may require the removal in accordance with the decommissioning
plan. Upon removal of a Ground-Mounted Large-Scale Solar Energy System, the land shall
be restored to its previous condition, including but not limited to the seeding and sodding, as
appropriate depending upon the season of the work, of exposed soils.
2. At the time of obtaining a building permit, the Solar Energy Applicant may be required to
provide a financial security bond or other form of financial security reasonably acceptable to the
Town for removal of the Ground-Mounted Large-Scale Solar Energy System and property
restoration, with the Town of Dryden as the obligee, in an amount approved by the Town
Board. Upon any amendment of the Special Use Permit, the Town Board may adjust the
14
required amount to the financial security bond to adequately cover increases in the cost of
removal of the Ground-Mounted Large-Scale Solar Energy System and property restoration. If
the Ground-Mounted Large-Scale Solar Energy System is not decommissioned after being
considered abandoned, the Town may remove the system and
15
2. restore the property and impose a lien on the property pursuant to Section 1802.B
to recover these costs to the Town.
3. All other Solar Energy Systems shall be considered abandoned after 6 consecutive
months without electrical energy or thermal energy generation for reasons other than for
repairs or beyond the reasonable control of the Solar Energy System Owner and must be
removed from the property. The Town Board may consider and grant, for good cause
shown, an application for one extension not exceeding 24 months for Solar Energy
Systems other than Ground-Mounted Large-Scale Solar Energy Systems.”
Section 6. This local law shall take effect upon filing in the office of the Secretary of State.
Section 7. The provisions of this local law are severable. If any court of competent jurisdiction
decides that any section, clause, sentence, part or provision of this local law is illegal, invalid, or
unconstitutional, such decision shall not affect, impair, or invalidate any of the remaining sections
clauses, sentences, parts, or provisions of the Local Law.
Section 8. This local law shall supersede or repeal any prior inconsistent Local Law.
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w Beam HillHickory
Bailor
Fulkerson Gee HillHoll
WalkerN y e
M cL e a n
GracieLaceyA l b e r t s
EdsallState Route 13W i l l o w
W State
Road
State Route 38Golf ViewSimms Hill
Sweetland
Town of IthacaMT PLEASANT RD
D R Y D E N R D TURKEY HILLSTEVENSON RD DRYDEN RDTURKEY HILL RDFREESER
D
GAME FARM RD0 0.25 0.5 0.75 10.125
Miles
Path: E:\GIS_Data\Projects_Folder\Zoning map\Fina l_Zon ing_w_Varna-In se t.mxd
TOWN OF DRYDEN ZONING MAPTOWN OF DRYDEN ZONING MAP
TompkinsCounty
TownofDryden
Developed by:The Town of DrydenPlanning Department
Mixed Use Commercial District
Conservation District
Light Industrial/Adult District
Light Industrial District
Neighborhood Residential District
Traditional Neighborhood Development Overlay District
Rural Agriculture District
Rural Residential District
Varna Hamlet Mixed Use District
Varna Hamlet Residential District
Varna Hamlet Traditional District
Village
March 18, 2014
±VarnaHamletDistricts