Text · page 11 of 30
Read the whole document on one page (all 30 pages, each with its own heading)
August 12, 2026 SOLAR PANEL — A photovoltaic device capable of collecting and converting solar energy into electricity. STORAGE BATTERY – A device that stores energy and makes it available in an electrical form. § 172-4. Use districts where permitted. Subject to the provisions of this chapter, Solar Energy Systems shall be permitted as follows: A. Tier 1 and tier 2 systems are permitted in all zoning districts in the Town. B. Tier 3 and Tier 4 systems are permitted in the Energy Overlay District. Preference shall be given to previously disturbed lands and non-prime agricultural lands. C. Any inconsistent provisions of Chapter 225, Zoning, which purport to or may be interpreted to allow Solar Energy Systems in other districts are hereby superseded. § 172-4A. Energy Overlay District. A. The Energy Overlay District is hereby established as an overlay zoning district that may be applied to lands within the Town of Eden as shown on the Town Zoning Map, as amended from time to time by the Town Board. B. The Energy Overlay District shall not replace the underlying zoning district, but shall impose additional requirements and restrictions applicable to Tier 3 and Tier 4 Solar Energy Systems or other such uses which shall be deemed appropriate in the Energy Overlay District. In the event of a conflict between the requirements of this chapter and the underlying zoning district, the more restrictive provision shall apply. C. In designating areas for inclusion within the Energy Overlay District, the Town Board may consider factors including, but not limited to: (1) Presence of Prime Farmland or Farmland of Statewide Importance; (2) Existing land use and zoning classification; (3) Proximity to infrastructure and electrical interconnection; (4) Presence of previously disturbed lands; and (5) Potential impacts to residential uses and community character. D. The Energy Overlay District shall be depicted on the Town of Eden Zoning Map and adopted pursuant to Chapter 225 (Zoning). § 172-5. General regulations. The placement, construction, and major modification of all Solar Energy Systems within the Town of Eden shall be permitted only as follows: A. All Solar Energy Systems require a building permit. B. Tier 3 and Tier 4 Solar Energy Systems shall be permitted only by special use permit by the Town Board of Eden in use districts where permitted, in accordance with the criteria established in this chapter, after compliance with SEQRA, upon concurrent site plan approval issued by the Town of Eden Planning Board, and upon issuance of a building permit by the Town of Eden Building Department, and shall be subject to all provisions of this chapter. C. All Solar Energy Systems existing on the effective date of this chapter shall be permitted to continue usage as they presently exist. Routine maintenance shall be permitted on such existing systems. New construction other than routine maintenance shall comply with the requirements of this chapter. D. No Solar Energy System shall hereafter be used, erected, moved, reconstructed, changed or altered except in conformity with this chapter. E. Any applications (including variance applications) pending for Solar Energy Systems on the effective date of this chapter shall be subject to the provisions of this chapter. F. This chapter shall take precedence over any inconsistent provisions of the Town of Eden Code as pertains to the siting of Solar Energy Systems. G. Any Proposed Solar Energy System subject to review by the Office of Renewable Energy Siting pursuant to Article 94-c of the Executive Law, Article 8 of the Public Service Law, or other successor provision, shall be subject to all substantive provisions of this Section and any other applicable laws, codes, and regulations of the Town of Eden, 11