[Amended 6-2-2008 by L.L. No. 7-2008]
All businesses within the Village of Haverstraw
must have a permanent sign or signs consistent with this section in
place within 60 days of opening.
A. Sign permit required. No sign shall hereafter be erected, reerected, constructed, enlarged or altered without a sign permit. No sign permit shall be issued except as shown on an approved site plan or sign plan. Where only the sign display portion of a validly erected sign is being changed, no sign permit is required, provided there is no change in ownership or change in the character of the business. Nor shall any sign permit be required for painting, cleaning, and other normal maintenance and repair of a sign. All signs shall comply with the size, setback and illumination requirements specified in §
245-10, Table of Use Requirements.
B. Signs exempted from these requirements. The provisions of this §
245-13 shall not apply to the following types of signs:
(1) Signs and devices conforming to the New York State
Department of Transportation Manual of Uniform Traffic Control Devices,
and other traffic regulatory signs shown on an approved site plan
or required pursuant to the order of municipal traffic control agencies.
(2) Other signs of, or required by, duly constituted governmental
bodies and their agencies.
(3) Temporary signs in any district, not exceeding 16
square feet in area, pertaining to and displayed during campaigns,
drives, or events of civic, political, philanthropic or educational
purposes, provided that such signs are displayed not more than 45
days before the event and removed one week after the event. All political
signs shall clearly set forth the political event to which they pertains.
[Amended 9-8-2009 by L.L. No. 3-2010]
(4) Temporary, nonilluminated construction signs, not
exceeding 12 square feet in area, identifying the project under construction,
participating designers, contractors or developers. Such a sign shall
be permitted only during the construction period of the project.
(5) Signs not visible outside of a building.
(6) Temporary holiday decorations.
(7) Temporary signs for garage sales, not exceeding four
square feet in area, provided that such signs contain the address
of the sale and date of the sale, are displayed only one week prior
to the sale and are removed the day after the sale.
(8) "No Trespassing" or "No Parking" signs, not exceeding
four square feet in area.
(9) On-site directional signs, not exceeding four square
feet in area.
(10)
Temporary signs in the form of banners may be
permitted for new businesses or during transition periods for new
owners, for a period not to exceed 45 days. One fifteen-day extension
may be granted by the Code Enforcement Officer, provided that the
delay was caused by time delays in getting approvals from the ARB
or due to contractors' delay.
(11)
Real estate sale or rental signs may be permitted
as long as the size of such signs on residential property does not
exceed 10 square feet or on commercial property does not exceed 24
square feet.
C. Signs prohibited. Any signs not expressly permitted
by this chapter are prohibited. Additional types of signs that are
prohibited include:
(1) Flashing signs, including any sign or device on which
the artificial light is not maintained stationary and constant in
intensity and color at all times when in use.
(2) Exterior advertising signs and billboards.
(3) Signs representing or depicting to any degree official
traffic signs or signals.
(4) Signs which emit noise, sounds or smoke.
(5) Animated signs, whether by mechanical or electrical
processes, including signs with banners, streamers, spinners or other
paraphernalia attached to or associated with such signs. Such signs
may be permitted for a temporary period not exceeding 30 days, when
approved by the Code Enforcement Officer.
(6) Signs of a prurient nature or advertising businesses,
commodities or services of a prurient nature or an unlawful business
or undertaking.
(7) Illuminations and devices outlining any part of a
building such as a gable, roof, sidewall or corner.
(8) Signs made of cardboard, paper, canvas or similar
impermanent material.
(9) Backlighted box-type signs, in the CB District.
(10)
Signs which project over a street.
(11)
Signs which obstruct traffic visibility at intersections
or at any entrance or exit from a property.
(13)
Signs, advertising, etc., located on utility
poles (except utility company identifiers), unless posted by a municipality
for governmental purposes.
D. Illumination and removal of certain signs.
(1) Illumination. Illumination of signs shall be from
external or internal light sources. The source of illumination shall
be so shielded that it is not visible beyond the boundaries of the
lot on which it is located. No neon lighting shall be permitted that
outlines the windows or architectural features such as doors, roofs,
cornices, etc. No neon sign may occupy more than 10% of the total
area of the window in which it is displayed, measured by the height
and width of the sign. No neon signs shall be permitted above the
first floor in the CB District.
(2) Removal of certain signs. Any sign now or hereafter
existing which no longer identifies a use on a lot, or is not being
maintained, shall be taken down and removed by the owner, agent or
person having the beneficial use of the building, structure or lot
upon which such sign may be found, within 10 days after written notification
from the Code Enforcement Officer, and upon failure to comply with
such notice within the time specified in such order, the Code Enforcement
Officer is hereby authorized to cause removal of such sign, and any
expense incident thereto shall be paid by the owner of the building,
structure or lot on which such sign is located.
(3) Dangerous signs. Should a sign be or become insecure
or in danger of falling or otherwise unsafe in the opinion of the
Code Enforcement Officer, the owner thereof or person maintaining
the same shall, upon receipt of written notice from the Code Enforcement
Officer and, in any case, within five days thereafter, secure the
same in a manner to be approved by the Code Enforcement Officer. If
such order is not complied with, the Code Enforcement Officer is hereby
authorized to cause removal of such dangerous sign, and any expense
incident thereto shall be paid by the owner of the building, structure
or lot on which such sign is located. When any sign is in such condition
as to be immediately dangerous to the safety of the public, the Code
Enforcement Officer is hereby authorized to take such action as in
his or her opinion shall be necessary to protect the public or property.
E. Application procedure.
(1) No sign permit will be issued except as approved by
a sign plan approval or a site plan approval granted by the Planning
Board and reviewed by the Architectural Review Board. After such approval,
an application for a sign permit shall be made to the Code Enforcement
Officer on forms prescribed by the Code Enforcement Officer and shall
contain the information specified in the site plan rules and regulations.
All applications shall be accompanied by the required fee in accordance
with the standard schedule of fees of the Village.
(2) The Code Enforcement Officer, upon receipt of an application
for a sign permit, shall review the same. If the sign requested has
been approved on a site plan or a sign plan, the Code Enforcement
Officer shall issue a sign permit and a display sticker which shall
be prominently affixed to each sign and visible from the street which
abuts the lot on which the sign will be located.
(3) If there is no sign plan approval or site plan approval,
the applicant must submit an application to the Planning Board for
either site plan approval or sign plan approval, whichever is applicable.
Upon the granting of a site plan or a sign plan approval, a copy of
the approved plan shall be transmitted to the Code Enforcement Officer.
F. Sign requirements. The Planning Board shall consider
the following supplemental use criteria in granting any approvals
for signs:
(1) Signs must be clearly accessory to the use or uses
upon the same lot, and such signs and lighting must be shown to be
essential to the conduct of the permitted principal or accessory use
upon the lot.
(2) Signs in the CB District shall be made of wood or
woodlike materials and shall have texture and depth. Applied letters
may be substituted for wall-mounted signs, if constructed of painted
wood, painted cast metal, bronze, brass or anodized aluminum. Applied
plastic letters are not permitted. Applied letters shall not exceed
18 inches in height.
(3) The size and content of the sign shall be the minimum
essential for legibility and for the provision of information to patrons
seeking the particular use described on such sign.
(4) The sign content shall clearly provide only the information
necessary to identify the use upon the lot.
(5) The sign shall not be similar to any traffic signal
or other safety device or be composed of elements depicting in exaggerated
size or grotesque style the use upon the lot.
(6) All existing signs on the lot, together with their
supporting braces, guys, anchors, etc., shall be kept in repair and
in a proper state of preservation. The display surfaces of all signs
shall be kept neatly painted or maintained at all times.
(7) One sign per storefront may be installed perpendicular
to the building but may not protrude more than five feet from the
plane of the building nor closer than two feet to the curbline. The
bottom of the sign or the protruding portion of the bottom bracket
shall be at least nine feet above the sidewalk or pavement immediately
beneath the sign. The size of the sign shall not exceed 10 square
feet per face, and only two faces are permitted.
(8) Signs shall be placed so as not to obliterate, conceal
or destroy architectural and decorative trim and cornices immediately
above first-floor storefronts or on above stories.
G. Awnings shall be permitted in the CB District, but
the same must be made of canvas and of traditional styling. No bubble-type
awnings are permitted. Signs may be painted on or made part of an
awning. Such signs shall be computed in the allowable sign area, except
for signs on awning valances solely identifying the store name with
a letter size not exceeding eight inches in height. Awnings must be
suspended at least 90 inches above ground level.
H. Enforcement. No sign permit shall hereafter be approved
or issued except in conformity with the requirements of this chapter
and the site plan rules and regulations adopted by the Planning Board.
No sign permit shall be issued for any sign except in conformity with
an approved sign plan or site plan. Any sign not in conformity with
such an approved sign permit shall be deemed a violation of this chapter.
I. Nonconforming signs. Any sign which was in existence
prior to the effective date of this chapter and which conformed to
the applicable provisions of the prior Zoning Ordinance but which
does not conform to the applicable provisions of this chapter shall
be deemed nonconforming, and the display of such sign shall be permitted
to continue. All other signs which have been erected but fail to comply
with the requirements of this Zoning Chapter shall have six months
after the effective date of this chapter to be brought into compliance
or removed.
The uses which are listed in this section are
prohibited in the Village:
A. Manufacturing uses involving primary production of
the following products from raw materials.
(1) Asphalt, cement, charcoal and/or fuel briquettes.
(2) Chemicals: aniline dyes, ammonia, carbide, caustic
soda, cellulose, chlorine, carbon black and bone black, creosote,
hydrogen and oxygen, industrial alcohol, nitrates (manufactured and
natural) of an explosive nature; potash, plastic materials and synthetic
resins, pyroxylin, rayon yarn and/or hydrochloric, nitric, phosphoric,
picric or sulfuric acids.
(3) Coal, coke and tar products, including but not limited
to gas manufacturing; explosives; fertilizers; and animal gelatin,
glue and/or size.
(4) Linoleum and oilcloth; matches; paints, varnishes
and/or turpentine.
(5) Rubber (natural or synthetic); soaps, including fat
rendering; starch.
B. The following processes: nitrating of cotton or other
materials; milling or processing of flour, feed or grain; magnesium
foundry; reduction, refining, smelting and/or alloying of metal or
metal ores; refining secondary aluminum; refining petroleum products,
such as gasoline, kerosene, naphtha and/or lubricating oil; distillation
of wood or bones; reduction and processing of wood pulp and/or fiber,
including all types of paper mill operations.
C. Operations involving stockyards and/or slaughterhouses,
grain elevators, slag piles and/or the keeping, breeding and raising
of livestock for commercial purposes.
D. The storage of explosives, except under license from
the State of New York and in a manner and place conforming to the
laws of the State of New York and the American Table of Distances,
and provided that no more than 50,000 pounds be stored in any one
magazine.
E. Bulk or wholesale storage of gasoline aboveground.
F. Junkyards for the storage of junk cars and other metal,
paper, wood or material of any nature.
G. Dumps and incineration of waste materials except at
sites owned and operated by the Village as a principal use.
H. Any other use, whether specified above or not, that
is of such a nature as to be detrimental to neighboring properties
by reason of emission of odor, dust, refuse matter, garbage smoke,
vibration, gas, noise or any other factor that is dangerous to the
comfort, peace, enjoyment, health or safety of the area or the community.
I. A water tower or water tank owned and operated by
a public utility, which water tank or water tower is located at or
above ground level, shall be allowed as a special permit use of the
Zoning Board of Appeals on plots of three acres or more, subject to
the approval of the Board of Trustees. No other water tank or water
tower, above ground, or cooling tower shall be permitted, unless the
same is accessory to a principal industrial, laboratory-office or
commercial use, in a CBD, HB, PO, PI, WD or M District, any or all
of which may occupy in the aggregate not more than 10% of the area
of the roof of the principal building.
J. Government offices and not-for-profit corporations
occupying any street-level premises fronting along any portion of
New Main Street, Main Street and Broadway from the intersection of
Main Street and New Main Street to Edgar Street.
[Added 9-5-2000 by L.L. No. 3-2000]
[Added 12-19-2016 by L.L.
No. 1-2017]
Pet day-care service facilities shall comply with the following:
A. There shall be no outside animal runs or kennels, nor shall any animal
be walked or exercised out-of-doors on a property within 100 feet
of a residentially zoned lot.
B. A sight-obscuring fence shall be provided to screen from view all
on-site outdoor recreation areas. The fence shall provide full containment
for the dogs, and be deep enough and secured to the ground to prevent
escape, and be high enough to prevent dogs from jumping or climbing
over.
C. All animals shall be independently kept within completely enclosed
structures, rooms or cages, or under direct control and supervision
of the facility operator or staff at all times.
D. All animals shall be kept indoors between the hours of 7:00 p.m.
and 7:00 a.m.
E. The structure and operations of the facility shall incorporate such
measures and procedures as are necessary to ensure that animal noise
and odors are not perceptible, as determined by the Building Inspector,
or his designated agent, beyond the property line of the lot on which
the pet day-care service facility is located. Where outdoor facilities
are permitted (subject to the restrictions of this chapter) noise
may be perceptible beyond the property line so long as it does not
occur more frequently than:
(1)
Repeatedly over at least a seven-minute period of time at an
average of at least 12 animal noises per minute; or
(2)
Repeatedly over at least a fifteen-minute period of time, with
one minute or less lapse of time between each animal noise during
the fifteen-minute period.
F. The area used for overnight boarding shall not exceed 50% of the
total gross floor area of the building and structures.
G. The facility shall maintain a covered outdoor trash receptacle and
bag dispenser for use by persons whose animals defecate while entering
or exiting the building structures. Additionally, there shall be signs
prominently posted prohibiting the walking of animals outdoors on
or around the property.
H. There shall be no parking permitted in any required side or rear
yard directly adjacent to a residential district.
I. All refuse and fecal matter shall be disposed of off-premises, and
in compliance with all laws, rules and regulations of the applicable
governmental agencies. All trash stored outside shall be in fully
enclosed dumpsters, and no dumpster used for the disposal of fecal
matter shall be located within any required yard, nor located closer
than 100 feet to any residentially zoned lot.
J. There shall be no overnight boarding of animals on any lot within
100 feet of any other lot within a residential zoning district.
K. As an ongoing requirement of a special permit for any pet day-care
service that offers unattended overnight boarding, the owner or operator
of the facility shall provide up-to-date twenty-four-hour contact
information to be filed with the Building Inspector and posted on
a sign visible from the main business entrance of the facility. The
owner/operator may employ an answering service to meet this requirement.
[Added 7-19-2021 by L.L.
No. 11-2021]
A. Statement or purpose. This Solar Energy Local Law is adopted to advance
and protect the public health, safety, and welfare of the Village
of Haverstraw by creating regulations for the installation and use
of solar energy generating systems and equipment, with the following
objectives:
(1)
To take advantage of a safe, abundant, renewable and nonpolluting
energy resource;
(2)
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family houses;
(3)
To increase employment and business development in the Village
of Haverstraw, to the extent reasonably practical, by furthering the
installation of solar energy systems;
(4)
To mitigate the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife
and other protected resources; and
B. Applicability.
(1)
The requirements of this section shall apply to all solar energy
systems permitted, installed, or modified in Village of Haverstraw
after the effective date of this section, excluding general maintenance
and repair.
(2)
Solar energy systems constructed or installed prior to the effective
date of this section shall not be required to meet the requirements
of this section.
(3)
Modifications to an existing solar energy system that increase
the solar energy system area by more than 10% of the original area
of the solar energy system (exclusive of moving any fencing) shall
be subject to this section.
(4)
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the NYS Uniform Fire Prevention and Building
Code ("Building Code"), the NYS Energy Conservation Code ("Energy
Code"), and the Village of Haverstraw Code.
C. General requirements.
(1)
A building permit shall be required for installation of all
solar energy systems.
(2)
Local land use boards are encouraged to condition their approval
of proposed developments on sites adjacent to solar energy systems
so as to protect their access to sufficient sunlight to remain economically
feasible over time.
(3)
Issuance of permits and approvals by the Planning Board shall
include review pursuant to the State Environmental Quality Review
Act [ECL Article 8 and its implementing regulations at 6 NYCRR Part
617 ("SEQRA")].
D. Permitting requirements for Tier 1 solar energy systems. All Tier
1 solar energy systems shall be permitted in all zoning districts
and shall be exempt from site plan review under the local zoning code
or other land use regulation, subject to the following conditions
for each type of solar energy systems:
(1)
Roof-mounted solar energy systems and solar heat collectors.
(a)
Roof-mounted solar energy systems shall adhere to the following
requirements and where consistent with these requirements shall not
be required to meet the height limitations of this chapter:
[1] Solar panels on pitched roofs shall be mounted
with a maximum distance of eight inches between the roof surface the
highest edge of the system.
[2] Solar panels on pitched roofs shall be installed
parallel to the roof surface on which they are mounted or attached.
[3] Solar panels on pitched roofs shall not extend
higher than the highest point of the roof surface on which they are
mounted or attached.
[4] Solar panels on flat roofs shall not extend above
the top of the surrounding parapet, or more than 42 inches above the
flat surface of the roof, whichever is higher, except that any roof-mounted
solar panel that exceeds the height limitations of this chapter shall
be setback at least one foot from the edge of the roof for each one
foot or portion thereof that it exceeds the height requirement.
[5] No solar panel installed on a flat roof shall be
inclined at an angle of more than 45°.
(b)
Glare: All solar panels shall have anti-reflective coating(s).
(2)
Building-integrated solar energy systems shall be shown on the
plans submitted for the building permit application for the building
containing the system.
E. Permitting requirements for Tier 2 solar energy systems. All Tier
2 solar energy systems shall be permitted in all zoning districts
as accessory structures and shall be exempt from site plan review
under the local zoning code or other land use regulations, subject
to the following conditions:
(1)
Glare: All solar panels shall have anti-reflective coating(s).
(2)
Yards: Tier 2 solar energy systems shall not be permitted in
a required yard. All ground-mounted solar energy systems shall only
be installed in the side or rear yards in residential districts.
(3)
Height: Tier 2 solar energy systems shall be subject to the
height limitations specified for accessory structures within the underlying
zoning district.
(4)
Screening and visibility.
(a)
All Tier 2 solar energy systems shall have views minimized from
adjacent properties to the extent reasonably practicable.
(b)
Solar energy equipment shall be located in a manner to reasonably
avoid and/or minimize blockage of views from surrounding properties
and shading of property to the north, while still providing adequate
solar access.
F. Permitting requirements for Tier 3 solar energy systems. All Tier
3 solar energy systems are permitted through the issuance of a special
use permit of the Board of Trustees within the PI and WD zoning districts,
and subject to site plan application requirements set forth in this
section.
(1)
Underground requirements. All on-site utility lines shall be
placed underground to the extent feasible and as permitted by the
serving utility, with the exception of the main service connection
at the utility company right-of-way and any new interconnection equipment,
including without limitation any poles, with new easements and right-of-way.
(2)
Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
(3)
Signage.
(a)
No signage or graphic content shall be displayed on the solar
energy systems except the manufacturer's name, equipment specification
information, safety information, and twenty-four-hour emergency contact
information. Said information shall be depicted within an area no
more than eight square feet.
(b)
As required by National Electric Code (NEC), disconnect and
other emergency shutoff information shall be clearly displayed on
a light reflective surface. A clearly visible warning sign concerning
voltage shall be placed at the base of all pad-mounted transformers
and substations.
(4)
Glare. All solar panels shall have anti-reflective coating(s).
(5)
Lighting. Lighting of the solar energy systems shall be limited
to that minimally required for safety and operational purposes and
shall be reasonably shielded and downcast from abutting properties.
(6)
Tree cutting. As part of the application, the applicant will
identify existing trees larger than six inches in diameter and identify
which trees are proposed for removal. Tier 3 solar energy systems
should be sited and designed to avoid significant tree removal.
(7)
Decommissioning.
(a)
Solar energy systems that have been abandoned and/or not producing electricity for a period of one year shall be removed at the owner's and/or operator's expense, which at the owner's option may come from any security made with the Village of Haverstraw as set forth in Subsection
F(7)(b) herein.
(b)
A decommissioning plan signed by the owner and/or operator of
the solar energy system shall be submitted by the applicant, addressing
the following:
[1] The cost of removing the solar energy system.
[2] The time required to decommission and remove the
solar energy system any ancillary structures.
[3] The time required to repair any damage caused to
the property by the installation and removal of the solar energy system.
(c)
Security.
[1] The deposit executions, or filing with the Village
Clerk of cash, bond, or other form of security reasonably acceptable
to the Village attorney and/or engineer, shall be in an amount sufficient
to ensure the good faith performance of the terms and conditions of
the permit issued pursuant hereto and to provide for the removal and
restorations of the site subsequent to removal. The amount of the
bond or security shall be 125% of the cost of removal of the Tier
3 solar energy system and restoration of the property with an escalator
of 2% annually for the life of the solar energy system. The decommissioning
amount shall be reduced by the amount of the estimated salvage value
of the solar energy system, where such value is provided and verified.
[2] In the event of default upon performance of such
conditions, after proper notice and expiration of any cure periods,
the cash deposit, bond, or security shall be forfeited to the Village,
which shall be entitled to maintain an action thereon. The cash deposit,
bond, or security shall remain in full force and effect until restoration
of the property as set forth in the decommissioning plan is completed.
[3] In the event of default or abandonment of the solar energy system, the system shall be decommissioned as set forth in Subsection
F(10)(b) and (c) herein.
(8)
Site plan requirements. In addition to the requirements of §
245-16F, the following information shall be provided:
(a)
A one- or three-line electrical diagram detailing the solar
energy system layout, solar collector installation, associated components,
and electrical interconnection methods, with all National Electrical
Code compliant disconnects and over current devices.
(b)
A preliminary equipment specification sheet that documents all
proposed solar panels, significant components, mounting systems, and
inverters that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of building permit.
(c)
Name, address, and contact information of proposed or potential
system installer and the owner and/or operator of the solar energy
system. Such information of the final system installer shall be submitted
prior to the issuance of building permit.
(d)
Name, address, phone number, and signature of the project applicant,
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the solar energy system.
(e)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
(f)
Erosion and sediment control and stormwater management plans
prepared to New York State Department of Environmental Conservation
standards, if applicable, and to such standards as may be established
by the Planning Board.
(9)
Special use permit standards.
(a)
The Tier 3 solar energy system shall adhere to the requirement
of Use Group J.
(b)
The following components of a Tier 3 solar energy system shall
be considered included in the calculations for maximum development
coverage:
[1] Foundation systems, typically consisting of driven
piles or monopoles or helical screws with or without small concrete
collars.
[2] All mechanical equipment of the solar energy system,
including any pad-mounted structure for batteries, switchboard, transformers,
or storage cells.
[3] Paved access roads servicing the solar energy system.
(c)
Fencing requirements. All mechanical equipment, including any
structure for storage batteries, shall be enclosed by a seven-foot-high
fence, as required by NEC, with a self-locking gate to prevent unauthorized
access.
(10)
Screening, visibility and ecology.
(a)
Solar energy systems shall have views minimized from adjacent
properties to the extent reasonably practicable using architectural
features, earth berms, landscaping, or other screening methods that
will harmonize with the character of the property and surrounding
area.
(b)
Tier 3 solar energy system owners shall develop, implement,
and maintain native vegetation to the extent practicable pursuant
to a vegetation management plan by providing native perennial vegetation
and foraging habitat beneficial to game birds, songbirds, and pollinators.
To the extent practicable, when establishing perennial vegetation
and beneficial foraging habitat, the owners shall use native plant
species and seed mixes.
(11)
Ownership changes. If the owner or operator of the solar energy
system changes or the owner of the property changes, the special use
permit shall remain in effect, provided that the successor owner or
operator assumes in writing all of the obligations of the special
use permit, site plan approval, and decommissioning plan. A new owner
or operator of the solar energy system shall notify the zoning enforcement
officer of such change in ownership or operator within 30 days of
the ownership change.
(12)
Safety.
(a)
Solar energy systems and solar energy equipment shall be certified
under the applicable electrical and/or building codes as required.
(b)
Solar energy systems shall be maintained in good working order
and in accordance with industry standards. Site access shall be maintained,
including snow removal at a level acceptable to the local fire department
and, if the Tier 3 solar energy system is located in an ambulance
district, the local ambulance corps.
(c)
If storage batteries are included as part of the solar energy
system, they shall meet the requirements of any applicable fire prevention
and building code when in use and, when no longer used, shall be disposed
of in accordance with the laws and regulations of the Village and
any applicable federal, state, or county laws or regulations.
(13)
Permit time frame and abandonment.
(a)
If the owner and/or operator fails to perform substantial construction
after 24 months from permit issuance, the approvals shall expire.
(b)
Upon cessation of electricity generation of a solar energy system
on a continuous basis for 12 months, the Village may notify and instruct
the owner and/or operator of the solar energy system to implement
the decommissioning plan. The decommissioning plan must be completed
within 360 days of notification.
(c)
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Village may, at its discretion, utilize
the bond and/or security for the removal of the solar energy system
and restoration of the site in accordance with the decommissioning
plan.