A.
Time limit on completion. Upon receipt of any required approval by
the Holland Town Board, the applicant shall have six months to apply
for a building permit.
C.
Upon receipt of any required approval by the Holland Town Board,
the applicant shall have 12 months to begin the project before those
approvals lapse. Prior to the lapse of any approvals the applicant
may, for just cause, apply by written request to the Town Board for
an extension to this timeline.
D.
Inspections. Upon reasonable notice, the Town of Holland Building
Safety Inspector/Zoning Enforcement Officer or his designee may enter
a lot on which a solar energy system has been approved for the purpose
of compliance with any requirements or conditions. Twenty-four hours'
advance notice by telephone to the owner/operator or designated contact
person shall be deemed reasonable notice. Furthermore, a utility-scale
solar energy system shall be inspected annually by a New York State-licensed
professional engineer who has been approved by the Town or at any
other time, upon a determination by the Town's Building Safety Inspector/Zoning
Enforcement Officer that damage may have occurred. A copy of the inspection
report shall be submitted to the Town Building Safety Inspector/Zoning
Enforcement Officer. Any fee or expense associated with this inspection
shall be borne entirely by the permit holder.
E.
General complaint process. During construction, the Town Building
Safety Inspector/Zoning Enforcement Officer can issue a stop order
at any time for any violations of a special or building permit. After
construction is complete, the permit holder of a utility-scale solar
energy system shall establish a contact person, including name and
phone number, for receipt of any complaint concerning any permit requirements.
F.
Continued operation. A solar energy system shall be maintained in
operational condition at all times, subject to reasonable maintenance
and repair outages. "Operational condition" includes meeting all approval
requirements and conditions. Further, the Building Safety Inspector/Zoning
Enforcement Officer shall also have the right to request documentation
from the owner for a solar energy system regarding the system's usage
at any time.
G.
Removal. All solar energy systems shall be dismantled and removed
immediately from a lot when the special permit or approval has been
revoked by the Town Board or the solar energy system has been deemed
inoperative or abandoned by the Building Safety Inspector/Zoning Enforcement
Officer for a period of more than 365 consecutive days at the cost
of the owner. If the owner does not dismantle and remove said solar
energy system as required, the Town Board may, after a hearing at
which the owner shall be given an opportunity to be heard and present
evidence, dismantle and remove said facility and place the cost of
removal as a tax lien on said parcel.
H.
Determination of abandonment or inoperability. A determination of
the abandonment or inoperability of a solar energy system shall be
made by the Town Building Safety Inspector/Zoning Enforcement Officer,
who shall provide the owner with written notice by personal service
or certified mail. Any appeal by the owner of the Building Safety
Inspector's/Zoning Enforcement Officer's determination of abandonment
or inoperability shall be filed with the Town of Holland Zoning Board
of Appeals within 30 days of the Building Safety Inspector/Zoning
Enforcement Officer causing personal service or mailing certified
mail his written determination, and the Board shall hold a hearing
on same. The filing of an appeal does not stay the following time
frame unless the Zoning Board of Appeals or a court of competent jurisdiction
grants a stay or reverses said determination. At the earlier of the
366 days from the date of determination of abandonment or inoperability
without reactivation, or upon completion of dismantling and removal,
any approvals for the solar energy system shall automatically expire.
I.
Application
and annual fees.[2]
(1)
Utility-scale
solar energy system. An applicant shall pay an initial application
fee in such amount as the Town Board may from time to time determine
by resolution, at the time of filing its special permit and site plan
application to cover the cost of processing and reviewing the application.
If approved, the owner shall pay an annual fee in such amount as the
Town Board may from time to time determine by resolution, to cover
the cost of processing and reviewing the annual inspection report
and for administration, inspections and enforcement.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Site
plan application for ground-mounted solar energy systems. An applicant
shall pay the standard site plan review fee as determined from time
to time by resolution of the Town Board.
(3)
Fee
for issuance of a building permit. In addition to any special permit
or site plan application fee or utility-scale annual fee, an applicant
shall pay a building permit fee for a:
(a)
Building-mounted, ground-mounted, or rooftop-mounted solar energy
system: as listed on the Town of Holland-approved Building Permit
Fee Schedule or such other amount as the Town Board may from time
to time determine by resolution.
(b)
Utility-scale solar energy systems: as listed on the Town of Holland-approved
Schedule of Fees or such other amount as the Town Board may from time
to time determine by resolution.
J.
Prior to the issuance of a building permit, the applicant shall document
that all applicable federal, state, county, and local permits have
been obtained.
K.
Special use permits for a utility-scale solar energy system granted
under this chapter shall be issued only following a public hearing
held as required for special use permits under the New York State
Town Law.
L.
The Town Board may:
(1)
For utility-scale solar energy systems, grant a special use permit,
deny a special use permit, or grant a special use permit with written
stated conditions. Denial of a special use permit shall be by written
decision based upon substantial evidence considered by the Town Board.
Upon issuance of a special use permit, the applicant shall obtain
a building permit for the utility-scale solar energy system.
(2)
For ground-mounted solar energy systems when review is required by
the Town Board pursuant to this chapter, grant site plan approval,
deny site plan approval or grant site plan approval with written stated
conditions. Denial of site plan approval shall be by written decision
based upon substantial evidence considered by the Town Board. Upon
issuance of a site plan approval, the applicant shall obtain a building
permit for the ground-mounted solar energy system.
M.
Any changes or alterations post construction to a utility-scale or
ground-mounted solar energy system shall be done only by amendment
to the special use permit and/or site plan (if required) subject to
all requirements of this Code.
N.
Special use permits for utility-scale solar energy systems shall
be assignable or transferable so long as they are in full compliance
with this chapter and all the conditions, and the Building Safety
Inspector/Zoning Enforcement Officer is notified in writing at least
15 days prior thereto.
O.
In addition to the requirements of this chapter, the special use
permit application shall be subject to any other site plan approval
requirements set forth in the Zoning Law.