Text · page 5 of 6
Read the whole document on one page (all 6 pages, each with its own heading)
February 11, 2026 of Eden completes its current update of its local law for development and siting of commercial solar uses in the Town, subject to the exceptions set forth in Section 7 herein. Section 5. Definitions A. The term “Commercial Solar Uses” shall mean the placement, construction, erection, installation, or use of a Solar Energy System for the generation of electrical power to be used primarily for the sale or distribution to, or consumption by distributors or users located off the site of such Solar Energy System; provided, however, this does not include OnSite Solar Energy Uses. The placement, construction, erection, installation, or use of a Solar Energy System for the generation of electrical power to be used by a collective or cooperative group of homes or businesses shall be considered a Commercial Solar Use. B. The term “New Application(s)” shall mean any application for any permit or approval for land use, including, but not limited to a special use permit, for siting or developing a Commercial Solar Use in the Town of Eden which is submitted after December 1, 2024. C. The term “OnSite Solar Energy Uses” shall mean the placement, construction, erection, installation, or use of a Solar Energy System, whether attached to a structure or affixed to the ground on site, for the generation of electrical power to be used primarily for the electrical needs of the residential, agricultural, or commercial property on which such Solar Energy System is located and generates up to 110% of the electricity used by the site in the prior 12 months. Provided that if a Solar Energy System is installed and used primarily for the foregoing purposes, the incidental sale or distribution of excess electricity generated by such Solar Energy System shall not cause such system to be considered a Commercial Solar Use. D. The term “Solar Energy System” shall mean solar photovoltaic cell, panel or array, or any solar hot air or solar energy collector which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored energy to heat, air, or water, controls, energy storage devices, heat pumps, heat exchanges, and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation, and distributed, and includes solar thermal, photovoltaic, and concentrated solar. E. The term “Town” shall mean the Town of Eden, Erie County, New York. F. The terms “Town Board” and “Planning Board” shall refer to the appropriate boards established in the Town of Eden pursuant to Town Law. The term “Code Enforcement Officer” shall mean the duly appointed officer in the Town of Eden charged with the enforcement of the Town’s codes. Section 6. Scope of Moratorium During the effective period of this Local Law, no person shall engage in any activity and the Town Board, the Town Planning Board, the Town Zoning Board of Appeals and the Code Enforcement Officer shall not provide any application for or grant any special use permit, specific use permit, building permit, variance, or approval of any kind which would result in the establishment, implementation, placement or construction of a Commercial Solar Use, including any activity associated therewith or intending to support such use, including the establishment or implementation of such use or activity in the Town, subject to the exceptions set forth in Section 7 herein. Section 7. Exceptions This moratorium shall not apply to any applications for a Commercial Solar Use filed in the office of the Town Clerk prior to December 1, 2024 or to any applications approved by or pending before the Town Planning Board or Town Board prior to the effective date of this moratorium local law. This moratorium shall not apply to any applications for OnSite Solar Energy Uses as defined above. Section 8. Term This moratorium shall be in effect for a period of six (6) months from the effective date. The Town may terminate the moratorium prior to the end date by enactment of a resolution indicating that the Town Board is satisfied that the need for the moratorium no longer exists or adoption of a new or amended local law related to solar uses. Section 9. Penalties Any person, firm, corporation of other entity that shall take any action to establish, implement, place or construct a Commercial Solar Use, including the establishment, implementation, placement or construction or any activity or facility associated therewith or intended to support such process in violation of the provisions of this local law shall be deemed guilty of a violation and, upon conviction thereof, shall be subject to: A. A fine not exceeding One Thousand Dollars ($1,000.00) per individual and not exceeding Five Thousand Dollars ($5,000.00) for a corporation, partnership, association or other entity, or imprisonment, or both, for each and every violation. Each and every week that such violations continue shall constitute a separate violation. In no event may imprisonment for any one violation exceed fifteen (15) days. B. In addition to other penalties, the Town may institute an appropriate action or proceeding to prevent unlawful erection, construction or alteration of any building or land in violation of the requirements of this local law, and, if necessary, to remove any construction, improvements, or related items or byproducts which may have taken place in violation of this local law. Section 10. Enforcement This local law shall be enforced by the Code Enforcement Officer of the Town of Eden or such other code enforcement individual(s) as designated by the Town Board. It shall be the duty of said enforcement individual(s) to advise the Town Board or all matters pertaining to the enforcement of this local law. 5