Campgrounds with five or more campsites shall require a special use permit. Upon application therefor, the Planning Board may approve the application for a special use permit under this §
250-36 if it finds that the proposed special use permit use, the proposed site plan, and the proposed buildings and structures will conform to all other applicable provisions of this chapter and comply with the following requirements:
A. The facility must be in compliance with all applicable State Health
Department regulations;
B. Independent on-site sewage disposal and water supply systems shall
not be permitted on individual campsites;
C. A twenty-five-foot planted or natural landscaped border will be provided
for on all perimeters of the campground property;
D. The facility shall consist of 10 or more acres of land;
E. Density shall not exceed more than eight campsites per acre; and
F. Permanent occupancy shall be prohibited.
[Amended 1-8-2014 by L.L.
No. 1-2014]
No new open storage of scrap or used metals. From and after
the effective date of this chapter, no land within the Town shall
be used for any activity, whether for profit or otherwise, which involves
the outdoor storage, burning, disassembling, dismantling, salvaging
or sorting of used building materials, scrap metal, plastic, paper,
rags, glass, broken appliances such as stoves, etc., refuse or other
debris (collectively, "junk"). Notwithstanding the foregoing, junk
may be temporarily staged or stored outdoors to facilitate collection
by a municipal or licensed carter, salvage dealer, or collector of
recyclable materials, for a period not to exceed seven days prior
to collection and removal of such materials.
[Amended 1-8-2014 by L.L. No. 1-2014; 12-9-2020 by L.L. No. 2-2020]
A. Purpose. The purpose of this section is to provide standards to facilitate
the development and operation of solar energy systems in the Town
of Lumberland, subject to the following process and other reasonable
conditions that will protect the public health, safety and welfare.
B. Applicability. The requirements of this section shall apply to all
solar energy systems proposed, operated, modified, or constructed
after the effective date of this section, but excluding general maintenance
and repair of solar energy systems constructed prior to the effective
date of this section and building-integrated photovoltaic systems.
C. Special definitions. The following definitions are applicable to §
250-46:
QUALIFIED SOLAR INSTALLER
A person listed as an eligible photovoltaic installer by
the New York State Energy Research and Development Authority (NYSERDA)
or who is listed as a certified solar installer by the North American
Board of Certified Energy Practitioners (NABCEP) shall be deemed to
be a qualified solar installer for the purpose of this section.
SOLAR ACCESS AREA
A space open to the sun, mostly clear of overhangs or shade
that allows the use of solar energy systems on real property.
SOLAR ARRAY
A group of multiple solar panels or modules linked into a
single unit or system.
SOLAR COLLECTOR
A photovoltaic cell, panel, solar array, or other device
that converts solar radiation into electricity or transfers solar
energy to air, water, or another storage media.
SOLAR EASEMENT
A written easement recorded pursuant to New York Real Property
Law § 335-b, the purpose of which is to procure the right
to receive direct sunlight across real property to operate a solar
energy system.
SOLAR ENERGY SYSTEM
A combination of components that utilize solar radiation
(direct, diffuse, or reflected) to produce energy designed to provide
heating, cooling, hot water and/or electricity, including, without
limitation, solar panels and facilities, solar arrays, solar collectors,
and solar thermal systems and facilities. Solar energy systems shall
be classified as follows:
(1)
ROOF-MOUNTED SOLAR ENERGY SYSTEMA solar photovoltaic or solar thermal system that is mounted on the roof of the building to which it provides heating, cooling, hot water and/or electricity. This definition shall not prohibit the sale of excess electricity pursuant to state-authorized net metering regulations.
(2)
SMALL-SCALE GROUND-MOUNTED SOLAR ENERGY SYSTEMA solar energy system consisting of solar panels that are properly secured by anchors or ballasts to the ground and attached to poles or other mounting system, detached from any other structure, for the primary purpose of producing heating, cooling, hot water and/or electricity for on-site consumption or use at the existing residence, farm, business or commercial establishment; notwithstanding the foregoing, this definition shall not prohibit the sale of excess electricity pursuant to state-authorized net metering regulations.
(3)
LARGE-SCALE GROUND-MOUNTED SOLAR ENERGY SYSTEMA solar energy system consisting of solar panels that are properly secured by anchors or ballasts to the ground and attached to poles or other mounting system, detached from any other structure, for the primary purpose of producing electricity for off-site sale or consumption.
(4)
BUILDING INTEGRATED PHOTOVOLTAIC SYSTEMA combination of photovoltaic building components integrated into any building envelope system, such as vertical facades including glass and other facade material, semitransparent skylight systems, roofing materials and shading over windows.
SOLAR PANEL
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
SOLAR THERMAL SYSTEMS
Systems that collect and convert solar radiation into forms
of energy for water heating, space heating, or space cooling.
D. General provisions.
(1) Qualified installations. No solar energy system may be constructed,
installed, replaced or modified except by a qualified solar installer,
provided, however, that homeowners may install their own solar energy
system. Any system installed by a qualified installer and/or homeowner
must be inspected and approved by a qualified third-party electrical
inspector approved by the Town of Lumberland and, if connected to
the local electric utility system grid, approved by the appropriate
utility.
(2) Government approval. The owner or operator of a solar energy system
shall establish to the satisfaction of the Town Code Enforcement Officer
(for a roof-mounted solar energy system or a small-scale ground-mounted
solar energy system) or the Town of Lumberland Planning Board (for
a large-scale ground-mounted solar energy system) that all applicable
governmental agencies with jurisdiction over the installation and
operation of such solar energy system have provided all permissions,
approvals and required inspections necessary to install and operate
such system.
(3) Limitations of approvals.
(a)
Nothing in this §
250-46 shall be deemed to allow any solar energy system owner or operator the right to remove any trees, vegetation or other obstruction located on any real property over which the owner or operator does not have fee title or a solar easement.
(b)
Nothing in this §
250-46 shall be deemed a guarantee against any future construction or improvements or Town approvals for future construction or improvements that may impede the sunlight flow to any solar energy system.
(c)
It shall be the sole responsibility of the solar energy system
owner or operator to acquire any necessary solar easements or other
appropriate land use rights in order to provide for and maintain appropriate
solar access areas.
(4) Location. The location of small-scale or large-scale ground-mounted
solar energy systems shall be one demonstrably suitable and sized
for such use, including, but not limited to, i) the proper drainage
and provisions for stormwater control such that the amount of water
leaving the site after development shall not be greater than prior
to development, and ii) the ability to adequately buffer such use
from any adjacent residential uses.
(5) Abandonment, cessation of operations and decommissioning.
(a)
Abandonment or cessation; order to remove and restore. Small-
and large-scale ground-mounted solar energy systems shall be considered
abandoned or to have ceased operations if there has been no electrical
energy generation for three consecutive months or longer; provided,
however, that applications for extensions of time may be approved
by the Town Code Enforcement Officer for a period of up to an additional
three months. If the owner or operator determines to abandon or cease
operations, the owner or operator shall so notify the Town Code Enforcement
Officer in writing. Failure to provide the notice required herein
shall be a violation of this chapter. Whether or not the notice required
by this subsection is received by the Town Code Enforcement Officer,
if the Town Code Enforcement Officer has reason to believe that such
system has been abandoned or ceased operation, he/she may issue an
order that the owner or operator of the system shall remove the system,
including all equipment, mounts, solar arrays and solar collectors,
and restore the property by no later than 90 days after the date of
issuance of the order to undertake such removal. Service of the order
shall be by certified mail at the address provided by the applicant
to the Town Code Enforcement Officer.
(b)
Investigation and report. When, in the opinion of the Town Code Enforcement Officer, any small- or large-scale ground-mounted solar energy system shall have been abandoned or ceased operations in accordance with §
250-46D(5)(a), and the owner/operator thereof fail to comply with an order to remove and restore as set forth in §
250-46D(5)(a), the Town Engineer, in conjunction with the Code Enforcement Officer, shall make a formal inspection thereof and report, in writing, to the Town Board his/her findings and recommendations in regard to its removal. The Town Attorney shall provide a judgment and lien search for the parcel on which the solar energy system is sited to the Town Board.
(c)
Order for hearing on removal and restoration; assessment of costs; time limits. The Town Board shall thereupon consider the report and, if it finds that such small- or large-scale ground-mounted solar energy system has been abandoned or ceased to operate as set forth in §
250-46D(5)(a), it shall by resolution order removal and restoration and shall further order that a hearing be held before the Town Board within 30 days after issuing the resolution and on at least five days' notice to the property owner and/or owner/operator of the small- or large-scale solar energy system or persons having an interest therein. Such hearing shall be to determine whether the order to remove and restore shall be affirmed, modified or vacated and, in the event of affirmance or modification, to assess all costs and expenses incurred by the Town in the inspection and report, and for removal of the solar energy system and restoration of the property against the land on which such small- or large-scale ground-mounted solar energy system is located and/or, for a large-scale ground-mounted solar energy system, the expenses may be assessed against any surety held by the Town. The order shall also provide that the removal of the small- or large-scale ground-mounted solar energy system and restoration of the property shall commence within 30 days after service of notice and shall be completed within 60 days thereafter.
(d)
Contents of notice. The notice shall contain the following statements:
[1]
The name of the owner or person in possession of the underlying
parcel of property as it appears in tax and deed records;
[2]
The name of any owner/operator of a large-scale ground-mounted solar energy system as set forth in a filed decommissioning plan, as required by §
250-46G(5);
[3]
A brief description of the small- or large-scale ground-mounted
solar energy system as well as the underlying parcel of property upon
which it is situated;
[4]
A description of the basis of the finding that the small- or
large-scale ground-mounted solar energy system has been abandoned
or ceased operation;
[5]
An order requiring that the small- or large-scale ground-mounted
solar energy system be removed and property restored;
[6]
That the removal of such small- or large-scale ground-mounted
solar energy system and property restoration shall commence within
30 days of the service of notice and shall be completed within 60
days thereafter;
[7]
The time and date of a hearing to be held before the Town Board,
at which hearing the property owner and/or owner/operator of the small-
or large-scale ground-mounted solar energy system shall have the right
to contest the order and findings of the Town Board; and
[8]
That in the event that such property owner and/or owner/operator
of the small- or large-scale ground-mounted solar energy system, or
other person having an interest in the premises, shall fail to contest
such order and fail to comply with the same, the Town Board will order
the removal of such system and property restoration by the Town. For
small-scale ground-mounted solar energy systems, the Town Board will
further order that all costs and expenses incurred in such removal
and restoration be assessed against the land on which the system is
located in the same manner as general Town taxes. For large-scale
ground-mounted solar energy systems, the Town Board will order that
all costs and expenses incurred in such removal and restoration be
assessed against any surety held by the Town and, in the event that
the costs and expenses of removal and restoration are not satisfied
by the surety held, that such unsatisfied costs and expenses be assessed
against the land on which such system is located in the same manner
as general Town taxes.
(e)
Service and filing of notice.
[1]
A copy of the notice shall be personally served upon the local
agent who has been designated by the property owner and/or owner/operator
of the small- or large-scale ground-mounted solar energy system. Any
identified executors, legal representatives, agents, lessees or other
person(s) having a vested or contingent interest in the premises as
shown by the Collector of Taxes and/or the office of the Sullivan
County Clerk or Sullivan County Treasurer and/or as set forth in any
filed decommissioning plan shall be served a copy of the notice by
regular mail and certified mail, return receipt requested.
[2]
A copy of the notice shall also be personally served upon any
adult person residing in or occupying the premises and by securely
affixing a copy of the notice upon the small- or large-scale ground-mounted
solar energy system. The notice shall also be published in a newspaper
of general circulation designated by the Town for the publication
of such notices.
[3]
A copy of the notice shall be filed in the Sullivan County Clerk's
office, in the same manner as a notice of pendency pursuant to Article
65 of the Civil Practice Law and Rules, and shall have the same effect
as a notice of pendency as therein provided. A notice so filed shall
be effective for a period of one year from the date of filing. It
may be vacated, however, upon an order of a judge or justice of a
court of record or upon the consent of the Town Attorney. When vacated,
the Sullivan County Clerk shall mark such notice and any record or
docket thereof as canceled of record upon the presentation and filing
of such consent or a certified copy of such order.
(f)
Hearing. The Town Board shall conduct the public hearing at
the time and place specified in the notice to remove and restore.
It may adjourn the hearing from time to time until all interested
parties are heard and until the hearing is completed. At the conclusion
of the hearing, the Town Board shall determine by resolution to revoke
the order to remove and restore, modify the order or continue and
affirm the order and direct the owner or other persons to complete
the work within the time specified by the Town Board.
(g)
Failure to comply. In the event of the refusal, failure or neglect
of the owner or person so notified to comply with the resolution of
the Town Board within the time specified in the resolution and after
the public hearing, the Town Board shall provide that such small-
or large-scale ground-mounted solar energy system be removed and property
restored by Town employees or by independent contractors. Except for
emergency cases as herein provided, any contract for removal and restoration
shall be subject to Town of Lumberland procurement guidelines.
(h)
Assessment of expenses. All expenses incurred by the Town in
connection with the proceedings to remove a small-scale ground-mounted
solar energy system and restore the property, including the costs
of actual removal, shall be assessed against the land on which such
system is located and shall be levied and collected in the same manner
as provided in Article 15 of the Town Law for the levy and ad valorem
levy. All expenses incurred by the Town in connection with the proceedings
to remove a large-scale mounted solar energy system and restore the
property, including the costs of actual removal, shall be assessed
against any surety held by the Town and, should the expenses not be
satisfied by the surety, any unsatisfied expenses shall be assessed
against the land on which such system is located and shall be levied
and collected in the same manner as provided in Article 15 of the
Town Law for the levy and ad valorem levy.
(i)
Emergency cases. Where it reasonably appears that there is a clear and imminent danger to the life, safety or health of any person or property, unless a small- or large-scale ground-mounted solar energy system is removed and the property restored, the Town Board may, by resolution, authorize the Town Code Enforcement Officer, in consultation with the Town Engineer, to immediately take such actions that are necessary to mitigate or eliminate the danger. The expenses of such removal and restoration shall be a charge against the land on which it is located and/or surety and shall be assessed, levied and collected as provided in §
250-46G(5)(f) and §
250-46D(5)(h).
(j)
Additional requirements. Additional abandonment and decommissioning requirements shall apply to large-scale ground-mounted solar energy systems as set forth at §
250-46G(5).
(6) New York State Real Property Tax Law provisions. The Town elects not to opt out of the tax exemption provisions of § 487 of the New York Real Property Tax Law, but reserves its right to do so in the future. Owners, operators and landowners who intend to construct or operate a solar energy system will be subject to Article
VI of Chapter
219, Taxation, of the Town Code.
(7) Expert and professional fees. Any reasonable expert or professional fees incurred by the Town Board, Town Planning Board, Town Code Enforcement Officer or Town Zoning Board of Appeals that are related to i) the review of any application for a building permit, special use permit or site plan review for a solar energy system or ii) the monitoring or inspection of any solar energy system shall be paid by the applicant as provided by Town Code §
250-57.
E. Roof-mounted solar energy systems.
(1) Roof-mounted solar energy systems are permitted in all zoning districts as an accessory use, provided such systems comply with the requirements of §
250-46D(1),
(2),
(3) and
(7) and this §
250-46E.
(2) Roof-mounted solar energy systems shall include such systems mounted
on the top of a structure either as a flush-mounted system or as solar
panels fixed to frames located on a roof and mounted at an optimal
angle towards the sun.
(3) Roof-mounted solar energy systems may be mounted on a principal and/or
accessory structure and shall not be more than three feet higher than
the highest point of the roof of the structure to which such system
is mounted.
(4) An applicant for a roof-mounted solar energy system shall comply
with the permit application requirements of the Town.
F. Small-scale ground-mounted solar energy systems.
(1) Small-scale ground-mounted solar energy systems are permitted in all zoning districts as an accessory use, provided such systems comply with the requirements of §
250-46D(1),
(2),
(3), and
(7) and this §
250-46F. Notwithstanding this classification, such accessory uses may be placed on a lot separate from the principal use they serve, provided such lots are adjacent and owned by the same party and further provided that a special use permit is issued by the Planning Board, pursuant to §
250-12H for the small-scale ground-mounted solar energy system.
(2) All small-scale ground-mounted solar energy systems shall not exceed
a height of 25 feet, shall not be located in the front yard and shall
comply with the bulk requirements for a dwelling in that zoning district.
All height measurements shall be calculated when the ground-mounted
solar energy system is oriented at maximum tilt. The total surface
area covered by the solar panels, regardless of the mounted angle,
shall be included in determining lot coverage.
(3) All small-scale ground-mounted solar energy systems are subject to
site plan review and approval by the Town Code Enforcement Officer,
who may, in his/her discretion, refer the site plan review to the
Town Planning Board for its review and approval. Notwithstanding the
foregoing, small-scale ground-mounted solar energy systems to be located
on farmland, as defined in the State Agriculture and Markets Law,
shall be subject solely to site plan review and approval by the Town
Code Enforcement Officer and shall not be subject to review and approval
by the Town Planning Board. An applicant for a small-scale ground-mounted
solar energy system shall comply with the permit application requirements
of the Town. A small-scale ground-mounted solar energy system and
related structures and equipment must be adequately screened, if necessary,
from adjacent properties.
G. Large-scale ground-mounted solar energy systems.
(1) General application. Large-scale ground-mounted solar energy systems are permitted in the Rural Residential, Mongaup River Valley and Hillside Zoning Districts as a special use subject to the requirements of this §
250-46D and
G. The application for a special use permit shall also include the following:
(a)
An operation and maintenance plan that shall include measures
for maintaining safe access to the installation, general procedures
for operation and maintenance of the solar energy system, and procedures
for property upkeep;
(b)
If the property of the proposed large-scale ground-mounted solar
energy system project is to be leased, legal consent among all parties
specifying the use(s) of the land for the duration of the project,
including easements and other agreements, to include, but not be limited
to, any lease, shall be submitted to the Town Planning Board; and
(c)
A full environmental assessment form, as provided by the New
York State Environmental Quality Review Act (SEQRA).
(2) Special use and site plan requirements. Large-scale ground-mounted solar energy systems require a special use permit issued in accordance with Town Code §
250-69 and a site plan prepared and approved in accordance with Town Code §
250-70. Site plans must include those applicable items set forth in the Town Code §§
250-69 and
250-70, as well as the following:
(a)
A description of the solar energy system and the technical,
economic and other reasons for the proposed location and design;
(b)
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 overcurrent devices or such other diagrams
or details as required by the Town Engineer;
(c)
All proposed changes to the landscape of the site, including,
without limitation, grading, vegetation clearing and planting, exterior
lighting, screening vegetation or structures;
(d)
A confirmation that the solar energy system complies with all
applicable local, state and federal laws and regulations;
(e)
Equipment specification sheets of the major system components
to be used, including, without limitation, photovoltaic panels, mounting
systems, batteries, and inverters;
(f)
Location of the nearest residential structures on the site and
on any adjacent site, and the distance from the nearest proposed solar
energy system equipment to any such residential structures;
(g)
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;
(h)
A construction schedule describing commencement and completion
dates, including a traffic analysis with a description of the routes
to be used by construction and delivery vehicles;
(i)
A list of real property owners located within 500 feet of the
property line of the proposed site and the mailing address of each
real property owner; and
(j)
Compliance with the provisions of Town Code § 310-39.
(3) Minimum design standards. Large-scale ground-mounted solar energy
systems shall conform to the following minimum standards:
(a)
The system shall comply with minimum lot size, as applies to
residential structures within the zoning district where the solar
energy system is sited. The system shall be set back 50 feet from
any property line. Lot clearing shall not exceed 30%. Lot coverage
shall not exceed 30%. The maximum height of the system shall not exceed
25 feet. The total surface area covered by the solar panels, regardless
of the mounted angle, shall be included in determining lot coverage;
(b)
All large-scale ground-mounted solar energy systems shall not
exceed a height of 25 feet. All height measurements shall be calculated
when the ground-mounted solar energy system is oriented at maximum
tilt;
(c)
All large-scale ground-mounted solar energy systems shall be
enclosed by fencing to prevent unauthorized access. The type, height
and color of fencing shall be approved by the Town Planning Board.
The fencing and the solar energy system may be further screened by
year-round landscaping to avoid adverse aesthetic impacts as required
by the Town Planning Board;
(d)
Town Code §
250-31 shall be applicable to large-scale ground-mounted solar energy systems; and
(e)
There shall be no signs posted on the real property of the large-scale ground-mounted solar energy system except announcement signs, such as "no trespassing," or warning signs, such as "high voltage" or "danger." Notwithstanding the foregoing, a sign shall be posted at the entrance of the parcel in question that identifies the owner and operator of the solar energy system and provides an emergency telephone number where the owner and/or operator can be reached on a twenty-four-hour basis. In addition, a clearly visible warning sign denoting high voltage must be placed at the base of all pad-mounted transformers and substations. All signs are subject to the requirements of Town Code §
250-33.
(4) Additional conditions.
(a)
The large-scale ground-mounted solar energy system owner or
operator shall provide a copy of the project summary, electrical schematic
and site plan to the local fire department. The owner or operator
shall cooperate with local emergency services in developing an emergency
response plan and provide proof of approval thereof. All means of
shutting down the solar system shall be clearly marked, and instructions
shall be provided to the local fire department. The owner or operator
shall identify a person responsible for responding to safety inquiries
throughout the life of the system.
(b)
The owner or operator of a large-scale ground-mounted solar
energy system shall maintain it in good condition and in accordance
with industry standards. Maintenance shall include, but not be limited
to, painting, structural repairs, mowing, trimming and landscape maintenance,
and such examinations and repairs as necessary to ensure the integrity
of all equipment and structures. The owner or operator shall maintain
and keep in good repair all approved security measures that govern
the site, including, but not limited to, fence painting and repair,
lighting and any alarm systems. Site access shall be maintained at
a level acceptable to the local fire department.
(c)
Use of herbicides at the parcel in question to control plant
growth in and around the large-scale ground-mounted solar energy system
and its components and equipment shall be prohibited without the express
prior written authorization of the Town Planning Board.
(5) Abandonment and decommissioning and restoration of land. All applications for a large-scale ground-mounted solar system shall be accompanied by a decommissioning plan, which includes restoring the property to its original state to be implemented upon abandonment or cessation and/or in conjunction with removal of the large-scale ground-mounted solar energy system. Compliance with this plan shall be made a condition of the issuance of a special use permit under this §
250-46G. The decommissioning plan must specify that after the large-scale ground-mounted solar energy system has been abandoned, ceased operations or can no longer be used, it shall be removed by the applicant or any subsequent owner, and the property shall be restored. Prior to removal of such solar energy system, a permit for removal activities shall be obtained from the Town Code Enforcement Officer. The decommissioning plan shall include details on how the applicant plans to address the following requirements:
(a)
The manner in which the owner, operator, or its successors in interest will remove the large-scale ground-mounted solar energy system in accordance with the requirements of §
250-46D(5);
(b)
The time to complete any decommissioning and removal of the
large-scale ground-mounted solar energy system and the restoration
of the property on which it is sited;
(c)
A demonstration as to how the removal of all infrastructure
and the remediation of soil and vegetation shall be conducted to return
the parcel to its original state as it existed prior to construction
of the system;
(d)
A description of the means and location of disposal of all solid
and hazardous waste in accordance with local, state and federal waste
disposal regulations;
(e)
A description of site stabilization and/or revegetation measures
necessary to minimize erosion and restore the property upon removal
of the solar energy system; and
(f)
Absent notice of a proposed date of decommissioning and written notice of extenuating circumstances, the decommissioning plan shall provide that the large-scale solar energy system shall be considered abandoned if construction is not completed, the system does not become operational and/or, once operational, it ceases operations for more than three consecutive months. The decommissioning plan shall also provide that if the owner or operator of the large-scale ground-mounted solar energy system fails to remove it in accordance with the requirements of this section within 90 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation and restore the property at the expense of the property owner or against any financial surety assigned to the Town as provided for in §
250-46G(7).
(g)
The designation of a local agent residing in Sullivan County, who shall be an individual, and the names of any executors, legal representatives, agents, lessees, or other persons having a vested or contingent interest in the premises, along with their individual mailing addresses, for the service of notices as provided for in §
250-46D(5)(e).
(6) Cessation of operation. Nonfunction or lack of operation of the large-scale
ground-mounted solar energy system may be established i) through reports
submitted by or on behalf of its owner or operator to the Public Service
Commission, NYSERDA, the local utility or the New York Independent
System Operator, or ii) by lack of income generation for a commercial
enterprise. The owner or operator of a large-scale ground-mounted
solar energy system shall promptly furnish on request such records
as required by the Town Code Enforcement Officer to establish that
the large-scale ground-mounted solar energy system is functioning
or in operation.
(7) Estimate and financial surety.
(a)
The applicant for a special use permit to site and operate a large-scale ground-mounted solar energy system shall provide an estimate, prepared by a professional engineer licensed in the State of New York, setting forth the projected costs associated with decommissioning the system in question, consistent with an approved decommissioning plan as set forth in §
250-46G(5), and the projected costs to restore the property to its original state. Cost estimations shall account for inflation. The estimate shall be subject to approval by the Planning Board.
(b)
Security for decommissioning any large-scale ground-mounted
solar energy system and restoration of the property shall be furnished
to the Town in an amount determined by the Town Board and in a form
that is approved by the Attorney for the Town. Such security shall
be posted with the Town prior to the issuance of any building permit
for construction of any portion of the large-scale ground-mounted
solar energy system. The security shall be available to and held by
the Town during the projected life of the large-scale ground-mounted
solar energy system in question and until proof of successful decommissioning
and payment of all expenses thereof has been submitted to the Town.
(c)
If the large-scale ground-mounted solar energy system is not decommissioned after it is no longer in use, abandoned during its useful lifetime or never completely constructed, the Town of Lumberland may use the security to decommission the large-scale ground-mounted solar energy system, to remove all infrastructure and to restore the property. The Town may use the security notwithstanding that the notice required pursuant to §
250-46D(5) has not been given by the system's owner or operator. Prior to using the security, the Town Code Enforcement Officer must serve the order required by §
250-46D(5)(a) and wait for the termination of the ninety-day period required by that section.
(8) Issuance of special use permit.
(a)
The special use permit application and approval process shall be governed by §
250-69 of the Town Code.
(b)
If the special use permit application is approved, the Town
Code Enforcement Officer shall issue a building permit upon satisfaction
of all conditions necessary for the issuance of the permit, including
compliance with applicable portions of the New York State Building
Code.
(c)
The Planning Board may, in its discretion, waive certain requirements of §
250-46G otherwise applicable to a large-scale ground-mounted solar energy system that it believes is compatible with land uses in the area where it is proposed to be built and where, because of its size, ownership model or other considerations, the Planning Board finds that the large-scale ground-mounted solar energy system does not need to be subjected to all of the special use permit and site plan regulations imposed by §
250-46G.
(d)
The Planning Board may impose any additional conditions on its approval of any special use permit under this section in order to enforce the standards set forth in this §
250-46D, §
250-46G, §
250-69 and §
250-70 or in order to discharge its obligations under the State Environmental Quality Review Act.