[HISTORY: Adopted by the Town Board of the Town of Eden 7-13-2022 by L.L. No. 4-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 172,
Solar Energy Systems, adopted 7-12-2017 by L.L. No. 2-2017.
The Town Board of the Town of Eden adopts this chapter to accommodate
the use of solar energy systems and to regulate the placement of solar
energy systems so that the public health, safety, natural resources,
and aesthetics of the Town and its residents will not be jeopardized.
A.
The Town Board of the Town of Eden finds and declares that solar
energy is an abundant, renewable and nonpolluting energy resource
of the Town and that its conversion to electricity will reduce our
dependence on nonrenewable energy sources. Therefore, the Town of
Eden intends to accommodate the use of solar energy systems.
B.
However, regulation of the siting, installation and use of solar
energy systems is necessary for the purpose of protecting the health
and safety of neighboring property owners and the general public,
and the aesthetics of the community. These regulations are in place
to balance the need to improve energy sustainability through increased
use of solar energy while preserving the public health, welfare, and
safety, as well as environmental quality, visual and aesthetic values,
and existing neighborhoods' social and ecological stability.
Further, the intent is to minimize any adverse impacts on the character
of the neighborhoods, property values, scenic, traffic safety, historic
and environmental resources of the Town.
C.
In addition, solar energy systems need to be regulated for removal
when they are no longer utilized or are out of compliance with the
requirements of this chapter.
The following definitions shall apply to this chapter:
Also referred to as "dual-use" or "agrivoltaic," this involves
the practice of co-locating solar photovoltaic panels on farmland
in such a manner that primary agricultural activities, including animal
grazing, crop or vegetable production, can continue simultaneously
on that farmland. Installations shall be regulated depending upon
generation capacity as defined herein.
The person or entity filing an application and seeking an
approval under this chapter; the owner or operator of a solar energy
system or a proposed solar energy system; or any person acting on
behalf of an applicant, solar energy system or proposed solar energy
system. Whenever the term "applicant" or "owner" or "operator" is
used in this chapter, it shall include any person acting as an applicant,
owner or operator.
A combination of solar panels and solar energy equipment
integrated into any building envelope system, such as vertical facades,
semitransparent skylight systems, roofing materials, or shading over
windows, which produce electricity for on-site consumption.
Solar installations owned collectively through subdivision
homeowners' associations or similar groups. Collective solar
installations shall be regulated depending upon generation capacity
as defined herein.
Land, designated as "Farmland of Statewide Importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service's (NRCS) Soil Survey Geographic (SSURGO) Database on
Web Soil Survey, that is of statewide importance for the production
of food, feed, fiber, forage, and oilseed crops as determined by the
appropriate state agency or agencies. Farmland of statewide importance
may include tracts of land that have been designated for agriculture
by state law.
A solar energy system that is affixed to the ground either
directly or by support structures or other mounting devices. Said
system is an accessory structure.
Native wildflowers, forbs, and grasses that serve as habitat,
forage, and migratory way stations for pollinators and shall not include
any prohibited or regulated invasive species as determined by the
New York State Department of Environmental Conservation.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
Land, designated as "Prime Farmland" or "Prime if drained"
in the U.S. Department of Agriculture Natural Resources Conservation
Service's (NRCS) Soil Survey Geographic (SSURGO) Database on
Web Soil Survey, that has the best combination of physical and chemical
characteristics for producing food, feed, forage, fiber, and oilseed
crops and is also available for these land uses.
Any solar energy system that is affixed to the roof or top
surface of a building or is wholly contained within the limits of
the roof or top surface, including roofing materials such as shingles
and tiles.
Solar-energy-producing structures, equipment or devices used
for the production of heat, light, cooling, electricity or other forms
of energy, and which may be attached to or separate from the principal
structure on a lot. For the purposes of this chapter, a solar energy
system does not include any solar energy system of four square feet
in size or less.
A photovoltaic device capable of collecting and converting
solar energy into electricity.
Any solar energy system that is capable of producing greater
than 25kw of electricity per hour.
Subject to the provisions of this chapter, solar energy systems
shall be allowed as follows:
A.
All solar energy systems capable of producing 25kw of electricity
per hour or less are permitted in all zoning districts in the Town.
B.
Utility-scale solar energy systems are only permitted in an Agricultural
Priority (AP), Rural Residential (RR), and Light Industrial (LI) District;
provided, however, that no utility-scale solar energy system is permitted
on any property in the MS4, floodplain or creekside overlay areas.
The placement, construction, and major modification of all solar
energy systems within the Town of Eden shall be permitted only as
follows:
A.
All solar energy systems require a building permit.
B.
Utility-scale solar energy systems shall be permitted only by special
use permit by the Town Board of Eden in use districts where allowed,
in accordance with the criteria established in this chapter, after
compliance with SEQRA, upon concurrent site plan approval issued by
the Town of Eden Planning Board, and upon issuance of a building permit
by the Town of Eden Building Department, and shall be subject to all
provisions of this chapter.
C.
All solar energy systems existing on the effective date of this chapter
shall be allowed to continue usage as they presently exist. Routine
maintenance shall be permitted on such existing systems. New construction
other than routine maintenance shall comply with the requirements
of this chapter.
D.
No solar energy system shall hereafter be used, erected, moved, reconstructed,
changed or altered except in conformity with this chapter.
E.
Any applications (including variance applications) pending for solar
energy systems on the effective date of this chapter shall be subject
to the provisions of this chapter.
F.
This chapter shall take precedence over any inconsistent provisions
of the Town of Eden Code.
A.
All solar energy systems shall comply with all applicable federal,
state, county and Town of Eden laws, regulations and building, plumbing,
electrical and fire codes. In addition, all solar energy systems shall
be labeled with a permanent four-inch-by-six-inch red sign with white
lettering next to the electric meter stating, "Solar on Site." The
Code Enforcement Officer shall notify the Fire Departments of all
solar energy system permits.
B.
Building-integrated solar energy systems. These systems shall be
shown on the plans submitted for the building permit application for
the building containing the system.
C.
Rooftop-mounted solar energy systems shall not exceed a maximum height
of two feet from the existing roof or top surface of a building. There
shall be a minimum three-foot-wide clear access pathway from the eave
to the ridge on each roof slope (pitched), between the solar panels
and roofline (flat), between solar panels and roof-mounted mechanical
equipment, and along the roof ridge for smoke ventilation.
D.
Ground-mounted solar energy systems capable of producing 25kw of
electricity per hour or less shall be subject to the following requirements:
(1)
They shall be located only in a side or rear yard, and if located
in a side yard shall not be closer to the street than the primary
building on the lot;
(2)
They shall only be permitted on lots three acres or larger;
(3)
They shall be placed no closer than two times the standard setback
requirements for an accessory structure of the zoning district in
which they are located;
(4)
The height of said solar energy system shall not exceed 12 feet when
oriented at maximum tilt; and
E.
Solar storage batteries. When solar storage batteries are included
as part of any solar energy system, they shall be placed in a secure
container or enclosure meeting the requirements of the New York State
building and fire codes.
F.
Approval for placement and use of any solar energy system under this
chapter is not a guarantee of solar skyspace access. If a solar energy
operator needs or desires solar skyspace access across the property
of another it may negotiate for an easement or other written agreement
containing such terms as the parties may mutually agree. The provisions
of the chapter do not require any property owner to relinquish solar
skyspace access to benefit a solar energy system, however.
G.
All solar collectors and structures and devices used to support solar
collectors shall be nonreflective and painted a subtle or earth-tone
color.
H.
The design, construction, operation and maintenance of any solar
energy system shall demonstrably prevent the misdirection and/or reflection
of solar rays onto neighboring properties, public roads and public
parks. If the solar energy system creates an adverse impact to the
public or neighboring properties, the owner of the system will be
required to take measures to mitigate the impact. Failure to take
appropriate action will be considered a violation.
I.
The development and operation of any solar energy system shall not
have a significant adverse impact on fish, wildlife or plant species
or their critical habitats, or other significant habitats identified
by the Town or federal or state regulatory agencies.
J.
Artificial lighting of any solar energy system shall be limited to
lighting required for safety and operational purposes and shall be
shielded from all neighboring properties and public roads and public
parks.
K.
If the use of any approved solar energy system is discontinued, the
owner or operator shall notify the Code Enforcement Officer within
30 days of such discontinuance. If a solar energy system is to be
retained and reused, the owner or operator shall further inform the
Code Enforcement Officer of this in writing at such time and obtain
any necessary approvals within one year; otherwise, it shall be automatically
deemed abandoned.
L.
All solar energy systems shall be installed using an engineered mounting
structure.
A special use permit is required to place, construct or make
a major modification to a utility-scale solar energy system within
the Town. The applicant shall submit 12 sets of the following information
to the Code Enforcement Officer, who shall first present it to a professional
engineer or consultant for an initial review and then present it to
the Planning Board for its review and recommendation to the Town Board.
The Planning Board may make such additional referrals as it deems
appropriate. No such application shall be deemed filed until any required
application fee has been paid. The following information shall be
contained in the application:
A.
A completed State Environmental Quality Review Act (SEQRA) environmental
assessment form (EAF), with the Town of Eden Planning Board designated
as lead agency for the SEQRA process.
B.
Necessary permit information.
(1)
Name, address, and telephone number of the property owner. If the
property owner is not the applicant, the application shall include
the name, address, and telephone number of the applicant and written
permission signed by the property owner authorizing the applicant
to represent the property owner; and
(2)
Documentation of access to the project site(s), including location
of all access roads, gates, parking areas, etc.; and
(3)
Utility interconnection data and a copy of written notification to
the utility of the proposed interconnection, including the CESIR (Coordinated
Electric System Interconnection Review) report application submitted
to the local utility; and
(4)
One- or three-line electrical diagram detailing the solar energy
system installation, associated components, and electrical interconnection
methods, with all disconnects, and over-current devices.
C.
A site plan in accordance with the Town of Eden's site plan
requirements, and in sufficient detail as follows:
(1)
Plans and drawings of the solar energy system installation signed
by a professional engineer registered in New York State showing the
proposal layout of the entire solar energy system, with a description
of all components, whether on-site or off-site, existing vegetation
and proposed clearing and grading of all sites involved, and utility
lines, both above and below ground, on the site and adjacent to the
site; and
(2)
Property lot lines and the location and dimensions of all existing
structures and uses on site within 500 feet of the solar panels; and
(3)
Proposed fencing and/or screening for said project; and
(4)
Clearing, grading, stormwater (including a stormwater management
and/or pollution prevention plan) and erosion control. Before the
Town of Eden shall issue a clearing, grading, stormwater or building
permit for a utility-scale solar energy system, the applicant shall
submit a stormwater and erosion control plan to the Town's professional
engineer or consultant for its review and approval, and the plan shall
minimize the potential adverse impacts on wetlands and Class I and
II streams and the banks and vegetation along those streams and wetlands,
and shall minimize erosion or sedimentation.
(5)
Any such additional information as may be required by the Town's
professional engineer or consultant, Town Board, Planning Board, Town
Attorney or Code Enforcement Officer.
Special use permits issued for utility-scale solar energy systems
shall meet the following criteria:
A.
Any utility-scale solar energy system shall be placed a minimum of
200 feet from all adjacent property lot lines. Such setbacks from
property lines will not apply if the application is accompanied by
a legally enforceable written agreement that runs with the property
for a period of 25 years or the life of the special use permit, whichever
is longer, stating that the adjacent landowner(s) agrees to the elimination
or reduction of the required setbacks. The setback requirements in
this section can only be varied by agreement process with adjoining
landowner(s), and not by a variance from the Zoning Board of Appeals
(ZBA); the ZBA retains its authority to review and approve use variances
and area variances pertaining to lot area, coverage, height, width,
and any other dimensional requirements set forth in Article 4. Any
agreement to reduce property line setbacks shall not constitute the
reduction or elimination of required setbacks from structures; setbacks
from structures, for safety reasons, shall not be reduced or eliminated.
B.
The maximum height of a utility-scale solar energy system shall not
exceed 20 feet when oriented at maximum tilt.
C.
All transmission lines and wiring associated with a utility-scale
solar energy system shall be buried to the power grid connection (including
along any roads or highways) and include necessary encasements in
accordance with the National Electrical Code and Town requirements.
The applicant is required to show the locations of all proposed underground
electric utility 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 utility company's requirements for interconnection.
D.
Any signage used to advertise the solar energy facility shall be
in accordance with the Town's signage regulations.
E.
At the Town Board's discretion, a screening and landscaping
plan may be required that includes a berm, landscape screen or other
opaque enclosure, or any combination thereof acceptable to the Town
capable of screening the site; at a minimum this may be required along
any property line that abuts an existing residence or public park.
The plan shall specify the locations, elevations, height, plant species,
and/or materials that will comprise the structures, landscaping, and/or
grading used to screen and/or mitigate any adverse aesthetic effects
of the system, following any applicable rules and standards established
by the Town for such elements. Existing vegetation may be used to
satisfy all or a portion of the required landscaped screening. Native
perennial vegetation shall be used wherever practicable.
F.
After completion of a utility-scale solar energy system, the applicant
shall provide written post-construction certification from a professional
engineer registered in New York State that the project complies with
applicable codes and industry practices and has been constructed and
is operating according to the plans approved by the Town of Eden Planning
Board and/or Town Board.
G.
A bond or other appropriate form of security shall be required to cover 150% times the cost of the removal and site restoration as determined by the Town's professional engineer or consultant, as noted in § 172-9D(2), and proof of such bond or security shall be filed prior to construction and on an annual basis with the Town Clerk.
H.
The applicant is required to obtain all necessary regulatory approvals
and permits from all federal, state, county and local regulatory agencies
having jurisdiction over utility-scale solar energy systems.
I.
The special use permit may be granted or denied, or granted with
stated written conditions. Denial of a special use permit shall be
by written decision based upon substantial evidence considered by
the Board. Upon issuance of a special use permit, the applicant shall
seek a building permit for the utility-scale solar energy system.
J.
Host community agreement. To ensure that solar energy projects adequately
benefit the overall community and that solar energy resources are
used to support and mitigate the costs and impacts the solar development
will have on the community, applicants for utility-scale solar energy
systems shall enter into a host community agreement (HCA) with the
Town. The applicant or its successors shall be required to pay the
Town a mutually agreed upon host community fee annually to compensate
the Town for any expenses (e.g., monitoring, inspections) and environmental
impacts associated with the project as may be necessary to protect
the Town's and its citizens' interest. The host community
fee shall be in addition to any payment in lieu of taxes (PILOT) which
may be authorized to be collected by the Town.
K.
Environmental review. In addition, the Town Board shall be designated
as the lead agency for the SEQRA process. A visual site assessment
on public roadways and adjacent properties may also be requested,
subject to the discretion of the Town Board. At a minimum, a line-of-sight
profile analysis shall be provided as part of the site plan review.
Depending upon the scope and potential significance of the visual
impacts, additional impact analyses, including for example a digital
viewshed report, may be required to be submitted by the applicant.
L.
Agricultural assessment.
(1)
This assessment shall include the viability and suitability of the
site for agricultural production (as defined by NYS Agriculture and
Markets) and/or livestock grazing, with the identification and mapping
of prime farm soils, farmland of statewide importance, and the extent
of any agricultural activity taking place on such lands. Utility-scale
solar energy systems shall not be installed on more than 25% of prime
farm soils or farmland of statewide importance. Any prime farm soils
disturbed shall remain on site and may be stockpiled for future reclamation.
(2)
The anticipated use of any remaining lands and/or the secondary use
of land within the solar energy system land area for agricultural
uses, i.e., agricultural dual-use, including, but not limited to,
grazing, wildflowers, pollinator habitat, etc., shall be identified
and mapped. A detailed plan specifying such uses shall be included
specifying seeding mix (native perennial vegetation), potential sources
of local grazing, or other information as specified by the Town Board.
M.
Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
N.
Operations and maintenance (O&M) plan.
(1)
Plan to include a responsible entity for O&M activity, including
frequency of maintenance, frequency and scope of any replacement of
equipment, replacement of any fencing or screening vegetation, a safety
plan that includes any special instructions to local fire agencies,
and any other such information as required by the Town Board. Yearly
reporting on the operations of the facility shall be provided to the
Town Board. Where agricultural dual-use projects are proposed, an
O&M plan shall also include an agricultural monitor, approved
by the Town, to ensure that approved agricultural uses within the
project area are active and maintained.
(2)
Solar energy systems shall be maintained in good working order and
in accordance with industry standards. Site access shall be maintained,
including snow removal at a level acceptable to the local Fire Department
and, if the utility-scale solar energy system is located in an ambulance
district, the local ambulance corps.
(3)
Utility-scale solar energy system owners shall develop, implement,
and maintain native perennial vegetation to the extent practicable
pursuant to a vegetation and soil management plan by providing native
perennial vegetation and foraging habitat beneficial to game birds,
songbirds, and pollinators. To the extent practicable, when establishing
perennial vegetation and beneficial foraging habitat, the owners shall
use native perennial vegetation. Such plan shall be developed in coordination
with the Erie County Soil and Water Conservation District.
A.
Time limit for completion of utility-scale solar energy systems.
After the granting of a special use permit of a utility-scale solar
energy system with site plan approval, a building permit shall be
obtained within six months. The project shall be completed within
12 months thereafter. If not then constructed, the special use permit
shall automatically expire.
B.
Inspections. Upon reasonable notice, the Code Enforcement Officer
or his or her designee may inspect any solar energy system for the
purpose of compliance with this chapter. 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 that has been approved by the Town or at any
other time, upon a determination by the Code Enforcement Officer that
damage may have occurred, or that the solar energy system is not in
compliance with the requirements of this chapter. A copy of the inspection
report shall be submitted to the Code Enforcement Officer. Fees or
expenses associated with inspections shall be borne entirely by the
permit holder.
C.
Continued operation. All solar energy systems 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 Code Enforcement Officer
shall have the right to require annual documentation of the on-site
usage and total electricity output of any solar energy system.
D.
Removal. All solar energy systems shall be dismantled and removed
immediately, at the cost of the owner, when the special use permit
or approval has been revoked by the Town of Eden Town Board, or the
solar energy system has been deemed by the Code Enforcement Officer
to be inoperative or abandoned for a period of more than 180 days
consecutively. If the owner does not dismantle and remove the solar
energy system as required, the Town may do so and shall apply the
required bond to the cost, followed by a tax lien on said parcel for
expenses not covered by the bond.
(1)
Decommissioning plan. A decommissioning plan signed by the owner/operator
of the solar energy system and prepared by an engineer licensed in
the State of New York shall be submitted, addressing the following:
(a)
The anticipated viable life of the solar energy system in accordance
with industry standards.
(b)
The plan for the removal of all infrastructure and restoration
conducted to return the parcel to its original state prior to construction.
The developer shall include photo documentation of the site prior
to construction to document restoration goals as part of the decommissioning
plan. The Town of Eden shall determine whether the owner/operator
of the solar energy system has fully complied with all elements of
the decommissioning plan. Fees associated with the use of outside
consultants for technical review, field survey, or other related needs
to ensure compliance shall be reimbursed to the Town by the owner/operator
of the solar energy system.
(c)
The time required to decommission and remove the solar energy
system and any ancillary structures, including repair of any damage
caused to the property by the installation or removal of the solar
energy system.
(d)
An expected timeline for execution and a cost estimate for decommissioning
prepared by a professional engineer or qualified contractor. Cost
estimates shall take inflation into consideration and be revised every
three years during the operation of the system and include any salvage
value, though this value shall not be included in the financial surety
for decommissioning. Removal of the large-scale solar energy system
must be completed in accordance with the approved decommissioning
plan and the standards provided as follows:
[1]
All structures and foundations associated with the large-scale
solar energy systems shall be removed, including all above and below
ground improvements and equipment, structures, and foundations, including,
but not limited to, solar electric systems, buildings, cabling, electrical
components, security barriers, roads, foundations, pilings, and other
associated facilities, so that any agricultural ground upon which
the facility or system was located is again tillable and suitable
for agricultural use;
[2]
All disturbed ground surfaces shall be restored to original
conditions, including topsoil and seeding as necessary; and
[3]
All electrical systems shall be properly disconnected, and all
buried cables and wiring shall be removed.
(2)
Decommissioning security.
(a)
Amount. The deposit, execution, or filing with the Town Clerk
of cash, bond, or other form of security reasonably acceptable to
the Town Attorney and/or Engineer, shall be in an amount sufficient
to ensure the good faith performance of the terms and conditions of
the permit issued pursuant hereto and to provide for the removal and
restoration of the site after removal. The amount of the bond or security
shall be 150% of the cost of removal of the utility-scale solar energy
systems and restoration of the property, with an escalator of 2% annually
for the viable life of the solar energy system. Security shall cover
the full decommissioning costs without recoverable costs from salvage
value; applicant to include anticipated salvage value, but this shall
not be factored into the decommissioning costs. All expenses or costs
of establishing or maintaining financial assurance shall be borne
solely by the applicant, or its successors or assigns. The owner/operator
of the solar energy system is fully responsible for any removal, disposal,
and/or reclamation costs associated with decommissioning and ensuring
that adequate funds are available; any costs that exceed the decommissioning
bond shall be the responsibility of the owner/operator of the solar
energy system. Any remaining security available after full removal
and restoration of the site, to the satisfaction of the Town, will
be returned to the applicant or any subsequent owner.
(b)
Default. In the event of default upon performance of such conditions,
after proper notice and expiration of any cure periods, the cash deposit,
bond, or security shall be forfeited to the Town, which shall be entitled
to maintain an action thereon. The cash deposit, bond, or security
shall remain in full force and effect until restoration of the property
as set forth in the decommissioning plan is completed. In the event
of default or abandonment of the solar energy system, the system shall
be decommissioned as set forth herein.
E.
Determination of abandonment or inoperability. A determination of
the abandonment or inoperability of a solar energy system shall be
made by the Code Enforcement Officer, who shall provide the owner
with written notice of such determination by personal service or certified
mail. The owner may appeal the Code Enforcement Officer's determination
of abandonment or inoperability by written request to the Town Board
filed within 30 days of the owner's receipt of the written notice
from the Code Enforcement Officer. The Town Board shall hold a public
hearing on the owner's appeal on not less than 10 days'
written notice to said owner. Any person aggrieved by the decision
of the Town Board, following such hearing may apply to the Supreme
Court for review under Article 78 of the Civil Practice Law and Rules.
Such proceeding shall be instituted within 30 days after the filing
of the Town Board's decision in the office of the Town Clerk.
F.
Fees. Solar energy systems shall pay all applicable fees set forth
in the Town's Schedule of Fees, including an application fee,
special use permit fee, building permit fee and annual inspection
fee.
G.
Alterations. Any post-construction changes or alterations to a utility-scale
solar energy system shall be done only after amendment of the special
use permit and/or site plan (if required) and/or the building permit,
and subject to all requirements of this chapter.
H.
Transferability. 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 the Code Enforcement Officer
is notified in writing at least 15 days prior thereto. If the owner/operator
of the utility-scale solar energy system changes or the owner of the
property changes, the new owner/operator shall notify the Code enforcement
officer of such change in ownership or operator within 30 days of
the ownership change. The successor owner or operator shall assume
in writing all of the obligations within the decommission plan. Proof
of acknowledgement of the decommission plan and proof of bond may
be requested by the Town at time of ownership change.
If the applicant violates any of the conditions of its special
use permit or site plan approval or building permit, or violates any
other local, state or federal laws, rules or regulations, this shall
be grounds for revocation of the special use permit, site plan approval
or building permit. Revocation may occur after the applicant is notified
in writing of the violations.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements, adopted for the
promotion of the public health, safety and general welfare. It is
not intended to interfere with, abrogate, or annul other rules, regulations
or laws, provided that whenever the requirements of this chapter are
at variance with the requirements of any other lawfully adopted regulations,
rules or laws, the most restrictive, or those which impose the highest
standards, shall govern. If any portion of this chapter is for any
reason held invalid, void, unconstitutional, or unenforceable by any
court of competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect
the validity of the remaining portions hereof.
