Town of Cazenovia, NY Solar Energy Systems

[1]

Editor's Note: The unified solar permit process was adopted by the Town of Cazenovia Town Board in and around 4-14-2014.

Districts where allowed. Subject to the issuance of site plan approval and a special use permit and other requirements as set forth herein, commercial solar projects shall not be a permitted use in any zoning district other than the Rural A (RA) District, Rural B (RB) District and Industrial Overlay (IO) District within the Town.

Districts where prohibited. Commercial solar projects shall be prohibited in the Lake Watershed and Riparian Corridor (LW&RC) District, New Woodstock Central Business Overlay (NWCBO) District, Commercial Overlay (COMO) District, Wellhead Protection Overlay (WPO) District, Village Edge Overlay (VEO) District and the Agriculture Overlay (AO) District. Notwithstanding anything contrary to the above, such use may be permitted by the Planning Board in an Agriculture Overlay (AO) District but only when it is demonstrated not to have negative impacts on the soils deemed to be USDA prime soils, prime farmland, prime soils, prime soil lands and lands deemed to be farmlands of statewide importance, and only upon the issuance of a special use permit.

Lot area, yard and other regulations. The following lot area, yard regulations and siting criteria shall apply to commercial solar projects located in the Rural A (RA) District, Rural B (RB) District, Industrial Overlay (IO) District and Agriculture Overlay (AO) District (when applicable) within the Town.

(1)

Minimum street frontage: 300 feet.

(2)

Minimum lot area: 50 contiguous acres under single ownership (when such parcel is not bisected by a public road).

(3)

Minimum front yard setback to fence: 250 feet.

(4)

Minimum rear yard setback to fence: 200 feet.

(5)

Minimum side yard setback to fence: 200 feet.

(6)

Commercial solar projects shall be set back at least 1,000 feet from any Important Bird Area as identified by the New York Audubon.

[Amended 1-9-2023 by L.L. No. 1-2023]

(7)

Commercial solar projects that are contiguous to wetland areas shall, at a minimum, conform to the setback requirements mandated by either the New York State Department of Environmental Conservation or the U.S. Army Corps of Engineers. Said setback(s) may be varied based upon information that may be required by the Town Planning Board and supported by appropriate submissions that may require a greater setback. Setbacks will be determined on a case-by-case basis, and a proper record supporting any such greater setback requirement shall be established as part of the review process.

[Added 1-9-2023 by L.L. No. 1-2023[1]]

[1]

Editor's Note: This local law also redesignated former Subsection C(8) through (10) as Subsection C(9) through (11), respectively.

(8)

Each commercial solar project application shall demonstrate that the facility operator owns or controls sufficient land area to properly operate and maintain the facility.

(9)

To prevent the oversaturation of commercial solar projects in one area of the Town of Cazenovia, no commercial solar project shall be approved if it is within one mile of an already approved commercial solar project unless the reviewing board makes specific findings that it will not have a significant impact on the community character of the area.

(10)

In siting consideration of commercial solar projects, the applicant shall avoid areas that substantially contribute to and are important to the scenic quality of the landscape.

(11)

When the applicant is unable to meet siting and/or mitigation requirements, each application shall formally address and assess the availability and feasible use of alternative sites if less objectionable.

Permits required. No person, firm or corporation, or other entity being the owner, occupant, or lessee of any land or premises within the Town of Cazenovia, shall use or permit the use of land or premises for the construction or installation of a commercial solar project without obtaining a building permit, a special use permit issued by the Zoning Board of Appeals and a site plan approval issued by the Planning Board as hereinafter provided.

Special use permit.

(1)

In addition to the criteria established pursuant to § 165-114, the following criteria are hereby established for purposes of granting a special use permit for a commercial solar project under this chapter:

(a)

Scenic viewsheds. A commercial solar project shall not be installed in any location that would materially detract from or block the view(s) of all or a portion of a recognized scenic viewshed, as viewed from any public road, right-of-way or publicly owned land within the Town of Cazenovia or that extends beyond the border of the Town of Cazenovia. For purposes of this subsection, consideration shall be given to any relevant portions of the current, amended and/or future Town of Cazenovia Comprehensive Plan and/or any other prior, current, amended and/or future officially recognized Town planning document or resource.

(b)

Emergency shutdown/safety and signage. The applicant shall demonstrate the existence of adequate emergency/safety measures. The applicant shall post an emergency telephone number so that the appropriate entities may be contacted should any solar panel or other component of the commercial solar project need immediate repair or attention. This emergency telephone number should be clearly visible and in a location which is convenient and readily noticeable to someone likely to detect a problem. The manufacturer's or installer's identification and appropriate warning signage shall be posted at the site and be clearly visible.

(c)

Security. All commercial solar projects shall be secured to the extent practicable to restrict unauthorized access. See § 165-104.7F(1)(u).

(d)

Access road. To the greatest extent possible, existing roadways shall be used for access to the site and its improvements. In the case of constructing any roadways necessary to access the commercial solar project, they shall be constructed in a way that allows for the passage of emergency vehicles in the event of an emergency. Each application shall be accompanied by correspondence from the responding fire department and emergency care provider as to the acceptability of the proposed ingress to and egress from the commercial solar project site. Access roads shall be designed to be permeable to encourage proper drainage and reduce runoff.

(e)

The development and operation of the commercial solar project shall not have a significant impact on fish, wildlife, animal or plant species or their critical habitats, or other significant habitats identified by the Town of Cazenovia or federal or state regulatory agencies.

(f)

Setbacks. Additional setbacks may be required from those set forth in § 165-104.7C by the Zoning Board of Appeals in order to provide for the public's safety, health and welfare.

(g)

In the granting of a special use permit, the Zoning Board of Appeals will strive to permit the location of commercial solar projects in such a manner so that no one area or neighborhood in the Town shall be overburdened by the placement of any proposed commercial solar project(s). Screening, including plantings, berms, and other screening methods, may be required to mitigate any unavoidable impacts. Such plantings and screening shall be continuously maintained and replaced if dead, dying, or falling into disrepair.

(h)

Mitigation. When it is determined that an applicant's proposed mitigation of visual impacts to the site or area is insufficient, the ZBA may under such circumstances and in the exercise of its reasonable discretion require compensatory offsets to reduce the overall impacts to visual resources from such project. Such offsets may include but are not limited to financial or in-kind donations to a community project such as environmental conservation of a stream or site; restoration of a park, historic structure, or cultural resource; planting of trees along nearby streets; and other similar projects that enhance the community character and are of benefit to the Cazenovia community at large.

(i)

Equipment specification sheets shall be documented and submitted to the Zoning Board of Appeals for all photovoltaic panels, significant components, mounting systems, batteries and inverters that are to be installed.

(j)

Noninvasive, native ground cover, under and between the rows of solar panels, which is suitable for animal grazing and/or pasturing shall be low-maintenance, drought-resistant, non-fertilizer-dependent and shall be pollinator-friendly to provide a habitat for bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.

(k)

For projects proposed by the applicant to be community solar projects, the reviewing board has the authority to require that the applicant open subscription services to Town residents before offering subscriptions to others.

(2)

Waiver. The Zoning Board of Appeals may, upon exercise of its reasonable discretion, waive one or more of the submission requirements imposed herein. Relief from all other requirements must be made by way of an area or use variance from the Zoning Board of Appeals.

Site plan review.

(1)

The following submission requirements must be observed regarding a site plan application for a commercial solar project. The Planning Board may also require any of the requirements of Chapter 133 as part of the submission.

(a)

A completed application form as supplied by the Town of Cazenovia for site plan approval for a commercial solar project.

(b)

Proof of ownership of the premises involved or proof that the applicant has written permission of the owner to make such application.

(c)

Plans and drawings of the proposed commercial solar project installation signed and stamped by a professional engineer registered in New York State showing the proposed layout of the entire commercial solar project along with a description of all components, whether on-site or off-site, existing vegetation and proposed clearing and grading of all sites involved, along with proposed screening and fencing. Clearing and/or grading activities are subject to review by the Planning Board and shall not commence until the issuance of site plan approval and written authorization from the Town's Codes Enforcement Officer. The plans and development plan shall be drawn in sufficient detail and shall further describe:

[1]

Property lines and physical dimensions of the proposed site, including contours at a minimum of five-foot intervals.

[2]

Location, approximate dimensions and types of all existing structures and uses on the site.

[3]

Location and elevation of the proposed commercial solar project and all components thereof.

[4]

Location of all existing aboveground utility lines within 1,200 linear feet of the site.

[5]

Where applicable, the location of all transmission facilities proposed for installation. All transmission lines and wiring associated with a commercial solar project shall be buried underground and include necessary encasements in accordance with the National Electrical Code and Town requirements. The Planning Board may recommend waiving this requirement if sufficient engineering data is submitted by the applicant demonstrating that underground transmission lines are not feasible or practical. The applicant is required to show the locations of all proposed overhead electric utility/transmission lines (if permitted) and underground electric utility/transmission lines, including substations and junction boxes, and other electrical components for the project, on the site plan. All transmission lines and electrical wiring shall be in compliance with the public utility company's requirements for interconnection. Any connection to the public utility grid must be inspected by the appropriate public utility.

[6]

Location of all service structures proposed as part of the installation.

[7]

Landscape plan showing all existing natural land features, trees, forest cover and all proposed changes to these features, including size and type of plant material, and for screening purposes. The plan shall show any trees and/or vegetation which is proposed to be removed for purposes of providing greater solar access.

[8]

A berm, landscape screen, or any other combination acceptable to the Town capable of screening the site, shall be provided along any property line.

[9]

A geotechnical report, which includes a soil analysis, as performed by an independent third party, and which provides measurements of soil samples for permeability, organic content, and nutrient content at the proposed installation site for use as a baseline for comparison at the end of the life of the project. The Zoning Board of Appeals and/or the Planning Board shall require the geotech information and/or soil analysis at the commencement of the approval process and shall require an updated analysis upon decommissioning of the project, which analysis shall include a comparison of pre- and post-development soil conditions, concerning the chemical and physical properties of the soil.

[10]

Submission of a written operation and maintenance plan for the proposed commercial solar project that include measures for maintaining safe access, operational maintenance of the commercial solar project, and general property upkeep, such as mowing and trimming, and an agricultural soils preservation plan if applicable. The operation and maintenance plan shall be filed and recorded by the applicant in the Madison County Clerk's office (indexed to the property) following approval of the site plan by the Planning Board.

[a]

For installations on farmland, projects shall comply with the most recently published New York State Department of Agriculture and Markets Guidelines for Solar Energy Projects - Construction Mitigation for Agricultural Lands. Where an agricultural soils preservation plan has been approved as part of a project, it shall be a condition of any such approval that such agricultural component will be maintained as approved. (See also the "Town of Cazenovia Solar Guidelines," as adopted by the Town of Cazenovia Town Board.[2])

[2]

Editor's Note: Said guidelines are included as an attachment to this chapter.

[b]

Herbicides are prohibited except where the Planning Board finds it impractical to use mechanical means to control vegetation and will not have a deleterious effect on the quality of soils.

(d)

Photographic simulations shall be included showing the proposed commercial solar project, including elevation views with dimensions in accordance with the manufacturer's specifications and photos of the proposed solar energy system, solar collectors, solar panels and all other components comprising the commercial solar project from all neighboring properties and from other vantage points and at selected hourly increments (including seasons) at full tilt in both directions (shadow study), all as selected by the Planning Board. Such photos will depict before-and-after simulations showing the extent of mitigation from vantage points selected by the Planning Board.

(e)

When applicable, certification from a professional engineer or architect registered in New York State indicating that any building or structure to which a solar panel or solar energy system is affixed is capable of handling the loading requirements of the solar panel or solar energy system and various components.

(f)

One- or three-line electrical diagram detailing the solar energy system installation, associated components, and electrical interconnection methods, with all disconnects and overcurrent devices.

(g)

Documentation of access to the project site(s), including current and proposed location of all access roads, gates, parking areas, etc.

(h)

Access road maintenance agreement.

(i)

A plan for clearing and/or grading of the site and a stormwater pollution prevention plan (SWPPP) for the site. The SWPPP shall be filed and recorded in the Madison County Clerk's office (indexed against the property) by the applicant following Planning Board approval (prior to commencement of construction) and shall provide for access to the Town of Cazenovia in the event of a default of the operator's obligations under the SWPPP. The SWPPP shall include a security amount approved by the Town's Consulting Engineer and shall remain in place until decommissioning is complete. The SWPPP shall comply with applicable current New York State Department of Environmental Conservation regulations. The applicant shall be responsible for all reasonable and necessary professional fees and expenses associated with completion of the SWPPP and associated reporting requirements per state and local regulations.

(j)

Documentation of utility notification, including an electric service order number.

(k)

NYS Agriculture and Markets findings and report, if applicable.

(l)

U.S. Army Corps of Engineers wetlands determination, if applicable.

(m)

Detail and specifications for all gates and/or fencing.

(n)

Sign-off from first responders/emergency medical service providers.

(o)

Sun chart. Where deemed appropriate, the Planning Board may require that the applicant submit a sun chart for the proposed site indicating the sun angle for the southern boundary of the site for a minimum four-hour continuous period during the time of the highest sun angle on December 21, along with the potential for existing buildings, structures, and/or vegetation on the site or on adjacent sites to obstruct the solar skyspace of the proposed commercial solar project. The sun chart shall also indicate the potential for obstructions to the solar skyspace of the proposed commercial solar project under a scenario where an adjacent site is developed as otherwise permitted by applicable provisions of Chapter 165 of the Code of the Town of Cazenovia with a building/structure built to maximum bulk and height at the minimum setback. Where no standards for setback are established and/or when existing adjacent structures are present, this scenario shall assume a maximum setback of five feet from the property line on the sun chart. (The sun chart shall be kept on file at the Town Codes Enforcement office and determine the minimum setback required for any solar collectors from the south property line as well as the solar skyspace that should be considered when development of neighboring properties occurs.) This section in no way places responsibility on the Town for guaranteeing the solar skyspace of a solar energy system in the event setbacks are waived at the applicant's request.

(p)

Solar energy systems shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the electric systems. Materials used for marking shall be weather-resistant. The marking shall be placed adjacent to the main service disconnect location clearly visible from the location where the lever is operated.

(q)

The height of the solar panel array shall not exceed 12 feet at its highest tilt measured from the ground and including any base or supporting materials. However, the Planning Board may consider heights in excess of 12 feet in circumstances when active agricultural uses are proposed for the life of the lease, but in no case shall panel height exceed 20 feet.

(r)

Color. Neutral paint colors, materials and textures may be required for commercial solar project components, buildings and structures to achieve visual harmony with the surrounding area as approved by the Planning Board.

(s)

The design, construction, operation and maintenance of the solar energy system shall prevent the direction, misdirection and/or reflection of solar rays onto neighboring properties, public roads, public parks and public buildings.

(t)

Artificial lighting of commercial solar projects shall be limited to lighting required for safety and operational purposes, shall be shielded from all neighboring properties and public roads, downcast and shall meet dark skies requirements of Chapter 133.

(u)

Commercial solar projects shall be enclosed by perimeter fencing to restrict unauthorized access, with "HIGH VOLTAGE" placards affixed every 50 feet, and as otherwise approved by the Planning Board. Style and type of fence shall be approved by the Planning Board as part of the site plan. Fence height shall be established at a minimum of seven feet, subject to Planning Board approval. Proposed fencing shall be designed to allow periodic low level gaps (no greater than 12 inches from ground level) to accommodate wildlife movement for smaller species.

(v)

Only signage used to identify the location of the commercial solar project shall be allowed, and such signage shall otherwise comply with the Town's sign regulations and requirements.

(w)

The area beneath the solar energy systems comprising the commercial solar project shall not be included as impervious surface coverage in calculating whether the lot meets the maximum permitted lot coverage requirements for the applicable zoning district.

(x)

All applications shall be accompanied by a full environmental assessment form for purposes of environmental review under the New York State Environmental Quality Review Act (SEQRA), including a visual impact analysis. The following additional material may be required by the Planning Board:

[1]

A digital-elevation-model-based project visibility map showing the impact of topography upon visibility of the project from other locations to distances as determined by the reviewing board from the center of the project, and the base map shall be a published topographic map showing cultural features.

[2]

No fewer than four color photos taken from locations, as selected by the Planning Board and computer-enhanced to simulate the appearance of the as-built aboveground commercial solar project components as they would appear from these locations.

(y)

The applicant shall submit details of the proposed noise that may be generated by solar inverter fans or other commercial solar project components. The Planning Board may require a noise analysis to determine potential adverse noise impacts. In no instance shall noise exceed 50 dB as measured from the subject parcel's property line.

(2)

Site plan review criteria. In addition to the above and subject to the criteria from Chapter 133, no site plan shall be approved unless the Planning Board determines that the proposed commercial solar project complies with the following:

(a)

The use is oriented in its location upon the site as to layout, coverage, screening, means of access and aesthetics so that:

[1]

The flow control and safety of traffic and human beings shall not be adversely affected to an unreasonable degree;

[2]

There is reasonable compatibility in all respects with any structure or use in the surrounding area, actual or permitted, which may be directly substantially affected;

[3]

There shall not be any unreasonable detriment to any structure or use, actual or permitted, in the surrounding area;

[4]

There is a reasonable provision for open space and yard areas as appropriate to the surrounding area;

[5]

The removal of existing trees larger than six inches in diameter has been minimized to the extent possible;

[6]

It has been demonstrated that the establishment of the proposed solar facility will not have negative impacts to surrounding property values as established by competent evidence.

Public hearing. No action shall be taken by the Zoning Board of Appeals to issue a special use permit or by the Planning Board to issue site plan approval, nor the Zoning Board of Appeals to grant a use or area variance in relation to an application for a commercial solar project until after public notice and a public hearing. Proper notice of a hearing before a board shall be given by legal notice published in the official newspaper of the Town of Cazenovia at least five days before the date set for such public hearing(s) and written notice mailed to the applicant or his agent at the address given in the application to be considered. The applicant shall be responsible for notifying, by certified mail, all property owners of record within 500 feet of the outside perimeter of the boundary line of the property involved in the application, as well as other property owners deemed by the Planning Board to be potentially impacted by the project, of the time, date and place of such public hearing at least 10 days prior to such hearing. Notice shall be deemed to have been given if mailed to the property owner at the tax billing address listed on the property tax records of the Town Assessor or at the property address. At least seven days prior to such hearing, the applicant shall file with the Board his/her affidavit verifying the mailing of such notices. Failure of the property owners to receive such notice shall not be deemed a jurisdictional defect.

Compliance with New York State Uniform Fire Prevention and Building Code.

(1)

Building permit applications shall be accompanied by standard drawings of structural components of the commercial solar project and all its components (including but not limited to solar panel, solar collector, solar energy system, etc.). Drawings and any necessary calculations shall be certified, in writing, by a New York State registered professional engineer that the system complies with the New York State Uniform Fire Prevention and Building Code. This certification would normally be supplied by the manufacturer.

(2)

Where the structure, components or installation vary from the standard design or specification, the proposed modification shall be certified by a New York State registered professional engineer for compliance with the structural design provisions of the New York State Uniform Fire Prevention and Building Code.

Compliance with state, local and national electrical codes.

(1)

Building permit applications shall be accompanied by a line drawing identifying the electrical components of the commercial solar project to be installed in sufficient detail to allow for a determination that the manner of installation conforms with the National Electrical Code. The application shall include a statement from a New York State registered professional engineer indicating that the electrical system conforms with good engineering practices and complies with the National Electrical Code, as well as applicable state and local electrical codes. This certification would normally be supplied by the manufacturer. All equipment and materials shall be used or installed in accordance with such drawings and diagrams.

(2)

Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a New York State registered professional engineer for compliance with the requirements of the National Electrical Code and good engineering practices.

Following construction/installation of the commercial solar project, all disturbed areas where soil has been exposed shall be reseeded with grass and/or planted with low-level vegetation capable of preventing soil erosion and airborne dust and demonstrating established growth. Every operations and maintenance plan shall include provisions for reseeding and maintaining established growth.

Post-construction/installation certification. Following the construction/installation of the commercial solar project, the applicant shall provide a post-construction/installation certification from a professional engineer registered in New York State that the project complies with any and all applicable codes and industry practices and has been constructed and operating according to the drawings and development plan(s) submitted to the Town.

Insurance. The applicant, owner, lessee or assignee shall at all times during construction and operation maintain a current insurance policy which will cover installation and operation of the commercial solar project and shall be increased annually per industry standards. Said policy shall provide a minimum of $5,000,000 property and personal liability coverage. Proof of such policy shall be provided to the Town on an annual basis. Notwithstanding any terms, conditions, or provisions in any other writing between the parties, the applicant shall agree to effectuate the naming of the Town as an additional insured on the applicant's insurance policies, with the exception of workers' compensation and NYS disability insurance. The policy naming the Town as an additional insured shall:

(1)

Be an insurance policy from an AM Best rated "secured" or better insurer, authorized to conduct business in New York State. A New York State licensed insurer is preferred.

(2)

State that the applicant's insurance coverage shall be primary and noncontributory coverage for the Town, its Board, employees, agents, and volunteers.

(3)

Additional insured status shall be provided by standard or other endorsements that extend coverage to the Town for both ongoing and completed operations. A completed copy of the endorsements shall be attached to the certificate of insurance.

(4)

The applicant shall provide a copy of the declaration page of the liability policies with a list of endorsements and forms. If so requested, the applicant will provide a copy of the policy endorsements and forms.

(5)

The certificate of insurance shall contain a provision that coverage afforded under the applicable policy shall not be canceled or terminated until at least 30 days' prior notice has been provided to the Town. In the event of a termination, cancellation, or lapse of the required insurance coverage, the special use permit to operate the solar energy system shall be immediately suspended, and operation of the system shall cease. Upon restoration of the required insurance coverage, to the satisfaction of the Town, permission to operate the commercial solar project may be restored.

Inspections. The Building Inspector, Zoning Enforcement Officer, Codes Enforcement Officer and/or Town Engineer shall have the right at any reasonable time to enter, in the company of the owner or its agent, the premises on which a commercial solar project is being or is constructed, to inspect all parts of said commercial solar project installation and require that repairs or alterations be made if, in their judgment, there exists a deficiency in the operation or the structural stability of the commercial solar project or any component thereof. If necessary, the Building Inspector or Town Engineer may order the system secured or to otherwise cease operation. It shall not be required that the owner or agent be present in the event of an emergency situation involving danger to life, limb or property. Weekly status/inspection reports are to be submitted during construction of the project and annual post-installation reviews thereafter.

Power to impose conditions. In granting any site plan approval, special use permit or variance for a commercial solar project, the Zoning Board of Appeals or Planning Board, as the case may be, may impose reasonable conditions to the extent that such board finds that such conditions are necessary to minimize any adverse effect or impacts of the proposed use on neighboring properties and to protect the general health, safety and welfare of the Town.

Decommissioning and removal of commercial solar project facilities. The following shall be the minimum requirements to be addressed for the decommissioning of every commercial solar project:

(1)

The submission of an acceptable decommissioning plan and decommissioning bond/security subject to review by the Town's consulting attorneys and engineers and approved by the Town of Cazenovia. For purposes of the decommissioning plan and decommissioning bond, the following shall constitute "decommissioning events" triggering the decommissioning of the site and/or a call on the decommissioning bond: a) if construction and installation of the project improvements are not completed within 18 months of commencement of construction (such time period may be reasonably extended upon notification to the Town and with good cause shown for any delays in completion);[3] b) if the solar energy facility ceases to be used for its intended purpose for 12 consecutive months (such time period may be reasonably extended upon notification to the Town with good cause shown); c) at the time of decommissioning, complete removal of the project within 90 days thereafter, except for any portions of the project access roads otherwise requested by the owner to remain to facilitate agricultural access to the property or conduit buried more than four feet below ground; d) upon the end of the project's operation; e) if the applicant, or its successors or assigns, seeks dissolution or files for bankruptcy or f) failure to have in place or timely replace adequate decommissioning securities. Renewal securities shall be in place no less than 90 days prior to the expiration of any existing securities.

[3]

Editor's Note: Such reasonable extensions as noted above may be granted upon a demonstration that said delay or default is caused by forces outside of the applicant's control.

(2)

All decommissioning activities shall be completed to the reasonable satisfaction of the Town, and consistent with the decommissioning plan.

(3)

Such plan shall also include a commitment by the applicant to impose a similar obligation to remove any unused and/or obsolete solar panels upon any person subsequently securing rights to relocate the solar panels.

(4)

At a minimum, the applicant shall include the following binding terms in the decommission plan:

(a)

Complete removal of above-ground and below-ground equipment, fencing, structures, and foundations.

(b)

Restoration of the surface grade and soil after removal of equipment to the condition (or better) which existed prior to the installation. This includes adding an adequate layer of topsoil where existing topsoil has been removed or eroded, and reseeding and/or reforestation of areas that were cleared of mature trees (with established growth demonstrated).

(c)

Replanting/replacement of trees destroyed or lost in the decommissioning process with a species that will be capable of reestablishment after 25 years from planting (for those trees installed by the developer).

(d)

Herbaceous revegetation of restored soil areas with native seed mixes, excluding any invasive species.

(e)

Specifically address: the useful lifespan of proposed solar facility and any storage batteries; the current New York State and federal rules and regulations regarding placement thereof and disposal thereof at the end of their useful lifespan; together with plans for replacement of solar storage batteries. The financial surety required by the Town shall take into account maintenance, replacement, and disposal of solar storage batteries if included in the application for a commercial solar project.

(f)

When required by the approving board, removal of screening vegetation and/or plantings at the end of the useful life of the project.

(g)

Such decommissioning plan shall be executed by the applicant and the property owner and shall be recorded against the property in the Madison County Clerk's office.

(5)

Bond/security. The applicant shall be required to execute and file with the Town Clerk, and file and record with the Madison County Clerk's office, a bond, or other form of security acceptable to the Town Attorney and Engineer in favor of the Town, in an amount sufficient for the faithful performance of the terms and conditions of the permit issued under this chapter, and to provide for expenses associated with the decommissioning removal and restoration (including soil restoration to the Town's satisfaction) of the site subsequent to the removal of the commercial solar project. The bond must be issued by a company which has an "AAA" Standard & Poor's (S&P) and Fitch Ratings bond rating, a Moody's Investors Service's rating of "AAA," and can demonstrate sufficient assets to cover the bond. The amount of the bond or security shall be no less than 150% of the cost of the removal of the solar panels and restoration of the site (as measured from the end of its projected useful life), shall be in writing for an initial minimum noncancellable term of the projected life of the system plus two years. (In the event the applicant demonstrates that there exists no commercially available bond or other security product in the market for the projected life of the project, the reviewing board may consider a bond or security product with an initial minimum term of five years with automatic renewal in five-year increments, and shall further be reviewed and adjusted at said five-year increments). Such amounts shall account for inflation and prevailing wage costs for decommissioning. In the event of a default upon performance of any such conditions of an approval or a violation of this chapter or any of them, the bond or security shall be forfeited to the Town, upon demand. The bond or security shall remain in full force and effect until the complete removal of the solar panels and site restoration is finished. The bond security must be renewed a minimum of six months prior to expiration with proof of renewal in the form of the original security instrument filed with the Town. In addition to the above, the submitted security (cash or bond) shall include monies sufficient to guarantee replacement of all screening plantings and/or other screening elements incorporated into the approved project.

Fees. Fees for applications and permits under this section shall be established by resolution of the Town Board of the Town of Cazenovia. In accordance with the requirements of Chapter 75 (Development and Project Fees), it shall be the applicant's responsibility to reimburse the Town for any and all reasonable and necessary legal, engineering and other professional fees incurred by the Town in reviewing and administering an application and operation of a commercial solar project under this article.

Waiver. The Planning Board or the Zoning Board of Appeals may, under appropriate circumstances, waive one or more of the submission requirements contained herein.

Road remediation. The applicant shall be responsible for remediation of any public roads or other public property damaged during the construction of and/or completion of the installation (or removal) of any commercial solar projects approved pursuant to this chapter. The Codes Enforcement Officer is hereby authorized and directed to ensure a public improvement (road repairs) bond [subject to the same bond ratings and financial surety requirements as the decommissioning bond described in § 165-104.7O(5)] be posted prior to the issuance of any building permit in an amount sufficient to compensate the Town for any damage to local roads that is not corrected by the applicant. The Highway Superintendent or Town Engineer is authorized to consult with any necessary professional to determine or confirm the bond amount all at the sole cost and expense of the applicant. The applicant shall, upon authorization by the Town Codes Enforcement Officer, file and record the original performance bond in the Town Clerk's office.

Agricultural resources. For projects located on agricultural lands:

(1)

The Zoning Board of Appeals and Planning Board shall in all instances give special consideration to areas that consist of prime farmland, prime soils, prime soil lands, and/or farmland of statewide importance and the removal of such lands when reviewing applications and granting special use permits and site plan approvals to commercial solar project applicants under this article.

(2)

To the maximum extent practicable, commercial solar projects approved to be located on prime farmland, prime soils, prime soil lands, and/or farmland of statewide importance shall be constructed in accordance with the construction requirements of the New York State Department of Agriculture and Markets.

(3)

Commercial solar project applicants 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, pollinators and grazing or pastured animals. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the applicants shall use native plant species and seed mixes.

(4)

Where a commercial solar project is to be located on prime farmland, prime soils, prime soil lands, and/or farmland of statewide importance, the applicant shall retain and designate an environmental monitor to oversee the construction, restoration, and subsequent monitoring of the agricultural lands. The environmental monitor is to be on-site whenever construction is occurring on the agricultural land(s), and any construction shall be coordinated with the Town's Codes Enforcement Officer and the New York State Department of Agriculture and Markets to develop an appropriate schedule for inspections to assure these lands are being preserved and protected to the greatest extent possible.

(5)

Structures for overhead collection lines, interconnect cables and transmission lines installed aboveground (when unavoidable) shall be located outside agricultural field boundaries. When aboveground cables and transmission lines must cross agricultural fields, the applicant shall use taller structures that provide longer spanning distances and locate poles on field edges to the greatest extent practicable.

(a)

All buried electric cables in cropland, hay land and improved pastures shall have a minimum depth of 48 inches of cover.

(b)

The Madison County Planning Department is to be consulted concerning the type of intercept drain lines whenever buried electric cables alter the natural stratification of soil horizons and natural soil drainage patterns.

(6)

Access roads are to be located along the edge of agricultural fields, in areas next to hedgerows and field boundaries, and in the nonagricultural portions of the site.

(7)

Unless shown to have no negative effects, there shall be no cut and fill so as to reduce the risk of creating drainage problems by locating access roads which cross agricultural fields along ridge tops and by following field contours to the greatest extent possible.

(8)

The width of access roads across or along agricultural fields is to be no wider than 20 feet so as to minimize the loss of agricultural lands and comply with the New York State Fire Code.

(9)

The surface of commercial solar project access roads to be constructed through agricultural fields should be level with the adjacent field surface where possible.

(10)

All existing drainage and erosion control structures, such as diversions, ditches, and tile lines, shall be preserved, and applicants shall take appropriate measures to maintain the design and effectiveness of these structures. Applicants shall repair any structure disturbed during construction to as close to original condition as possible unless such structures are to be eliminated based upon an approved site plan for the commercial solar project.

(11)

Culverts and water bars are to be installed to maintain natural drainage patterns.

(12)

All topsoil areas to be used for vehicle and equipment traffic, parking, equipment laydown, and as storage areas are to be stripped. All topsoil stripped from work areas (parking areas, electric cable trenches, along access roads) is to be stockpiled separate from other excavated materials (rock and/or subsoil).

(13)

Where an open trench is required for cable installation, topsoil stripping from the entire work area may be necessary. As a result, additional workspace may be required as part of site plan approval.

(14)

A maximum of 50 feet of temporary workspace is to be provided along open-cut electric cable trenches for proper topsoil segregation. All topsoil will be stockpiled immediately adjacent to the area where stripped/removed and shall be used for restoration on that particular site. No topsoil shall be removed from the site. The site plan shall clearly designate topsoil stockpile areas in the field and on the construction drawings.

(15)

All vehicle and equipment traffic and parking to the access road and/or designated work areas, such as laydown areas, are to be limited in size to the greatest extent practical.

(16)

No vehicles or equipment are to be allowed outside the work area without prior approval from the Environmental Monitor.

(17)

In pasture areas, it is necessary to construct temporary or permanent fences around work areas to prevent livestock access, consistent with any applicable landowner agreements.

(18)

Excess concrete used in the construction of the site is not to be buried or left on the surface in active agricultural areas. Concrete trucks will be washed outside of active agricultural areas.

(19)

Restoration requirements. Upon the cessation of the solar use, the Town of Cazenovia shall require reasonable soil restoration to occur on the site. The following minimum requirements are set forth herein. Applicants shall restore all agricultural lands temporarily disturbed by construction and operation of the use in a manner consistent with the most recently published guidelines of the New York State Department of Agriculture and Markets and as follows:

(a)

Be decompacted to a depth of 18 inches with a deep ripper or heavy-duty chisel plow. Soil compaction results should be no more than 250 pounds per square inch (psi) as measured with a soil penetrometer. In areas where the topsoil was stripped, soil decompaction should be conducted prior to topsoil replacement. Following decompaction, removal of all rocks four inches in size or greater from the surface of the subsoil shall occur prior to replacement of topsoil. Topsoil shall be replaced to original depth and original contours reestablished where possible. All rocks shall be removed that are four inches and larger from the surface of the topsoil. Subsoil decompaction and topsoil replacement shall be avoided after October 1 of each year.

(b)

Regrade all access roads to allow for farm equipment crossing and to restore original surface drainage patterns, or other drainage pattern incorporated into the approved site design by the Planning Board/Zoning Board of Appeals, as applicable.

(c)

Seed all restored agricultural areas with the seed mix specified by the Environmental Monitor and this chapter, in order to maintain consistency with the surrounding areas.

(d)

All damaged subsurface or surface drainage structures are to be repaired to preconstruction conditions, unless said structures are to be removed as part of the site plan approval. All surface or subsurface drainage problems resulting from construction of the solar energy project shall be remedied with the appropriate mitigation measures as determined by the Environmental Monitor.

(e)

Postpone any restoration practices until favorable (workable, relatively dry) topsoil/subsoil conditions exist. Restoration is not to be conducted while soils are in a wet or plastic state of consistency. Stockpiled topsoil should not be regraded, and subsoil should not be decompacted until plasticity, as determined by the Atterberg limits and field test, is adequately reduced. No project restoration activities are to occur in agricultural fields between the months of October and May unless favorable soil moisture conditions exist.

(f)

Following site restoration, remove all construction debris from the site.

(g)

Following site restoration, the project sponsor is to provide a monitoring and remediation period of no less than two years. General conditions to be monitored include topsoil thickness, relative content of rack and large stones, trench settling, crop production, drainage and repair of severed subsurface drain lines, fences, etc.

(h)

Mitigate any topsoil deficiency and trench settling with imported topsoil that is consistent with the quality of topsoil on the affected site. All excess rocks and large stones are to be removed from the site.

(i)

All concrete piers, footers, or other supports are to be removed to a depth of 48 inches below the soil surface.

(j)

Restoration should include complete removal of conduits.

(k)

There shall be no mixing of the subsoil with the topsoil, and there shall be removal and replacement of soil contaminated with subsoil to restore the rich soil for farming.

Payment in Lieu of taxes ("PILOT") Agreement and Host Community Agreement.

(1)

In every instance of a commercial solar project application, the applicant shall be required to propose a payment in lieu of taxes ("PILOT") agreement. The developer shall also comply with the notice requirements of NYS Real Property Tax Law § 487. The applicant will then contact the Town's legal counsel to negotiate the terms of said agreement.

(2)

In addition to a PILOT agreement, the applicant shall propose to the Town, on projects involving one megawatt and above, a host community agreement benefit package for consideration by the Town Board as part of the approval process. Once the application package materials are deemed complete and while the Planning Board/Zoning Board of Appeals are completing their reviews, the project/application shall be referred to the Town Board to decide on the completion and terms of a host community agreement. This agreement shall be in addition to a PILOT agreement.

Reference to § 94-c. Any proposed solar energy system subject to review by the New York State Board on Electric Generation Siting and the Environment pursuant to Article 10 of the New York State Public Service Law, or the Office of Renewable Energy Siting pursuant to § 94-c of the New York State Executive Law, shall be subject to all substantive provisions of this article and any other applicable provisions of the Town of Cazenovia Town Code.

Adherence to Solar Energy Guidelines. In addition to the above regulations, all commercial solar project applicants shall demonstrate to the Planning Board compliance with the Town of Cazenovia Solar Energy Guidelines, as amended from time to time, attached hereto as Schedule "A."[4]

[4]

Editor's Note: Schedule "A" is included as an attachment to this chapter.

Inspection, inspection reimbursement and review during and after construction. Each approved project shall be annually inspected by the Town for compliance with any granted approval and these regulations. The Town shall be reimbursed by the project owner for the cost of reasonable and necessary inspection expenses incurred by the Town's engineering consultant.

Compliance with New York State Department of Agriculture and Markets Guidelines and New York State Department of Environmental Conservation Solar Development Guidelines. Any approved project shall be in compliance with the most recently published New York State Department of Agriculture and Markets Guidelines and New York State Department of Environmental Conservation guidance for solar development.