A.
The applicant/owner will complete the application for a special use
permit and submit it to the Town Building Inspector.
B.
The Town Building Inspector shall refer the application for a special
use permit to Town Board for a work session meeting.
C.
The Town Board, after review at a work session, will refer the matter
to the Town Planning Board for review and recommendation of special
use permit and site plan review.
D.
After recommendation from the Town Planning Board, the Town Board
will hold a public hearing to approve or disapprove a preliminary
special use permit. The applicant will notify all property owners
within 500 feet of the subject property by certified mail, return
receipt requested. The applicant is responsible for associated mailing
costs.
E.
After approval of preliminary special use permit, the Town Board
will refer the project to the Town Planning Board for site plan review
and approval/disapproval.
F.
After approval from the Town Planning Board, the applicant then may
apply for a building permit.
G.
Upon completion of the project, but prior to certificate of occupancy/compliance
has been issued, the applicant will return to the Town Board for a
final special use permit, provided all criteria has been satisfied
by applicant for the project.
H.
General provisions.
(1)
A use listed as requiring a special use permit shall not be
presumed to be an allowable use. It shall be the responsibility of
the applicant for a special use permit to prove to the satisfaction
of the Town Board that the items listed in this section and under
the section of that particular special use permit are met. These uses
are hereby declared to possess characteristics of such unique and
special forms that each specific use shall be considered on an individual
case.
(2)
No special use permit shall be authorized by the Town Board
unless, in addition to other requirements specified in this chapter,
it finds that each such special use permit:
(a)
Will be in harmony with the general purposes and intent of this
chapter.
(b)
Will not create a hazard to health, safety, or the general welfare.
(c)
Will not alter the essential character of the neighborhood nor
be detrimental to the residents thereof.
(d)
Will not otherwise be detrimental to the public convenience
and welfare.
I.
Application procedure.
(1)
Applicants for a special use permit to place, construct, and
make a major modification to large utility-scale solar energy systems
within the boundaries of the Town shall submit six sets of the following
information to the Town Board. The Town Board shall first present
it to a New York State licensed engineer or consultant for an initial
review. The cost of the review will be paid by the applicant, and
then the applicant shall be sent on to the Planning Board for its
review and recommendation.
(3)
The following information shall be contained in the application:
(a)
A completed State Environmental Quality Review Act (SEQRA) long
form Environmental Assessment Form (EAF).
(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 a letter
or other written permission signed by the property owner authorizing
the applicant to represent the property owner.
[2]
Documentation of access to the project site(s), including, but
not limited to, location of all access roads, gates, and parking areas.
[3]
Documentation of the clearing, grading, stormwater and erosion
control plans.
[4]
Utility interconnection data; a copy of written notification
to the utility of the proposed interconnection and any related agreements
for the purchase of electricity.
[5]
Documentation of utility notification, including an electric
service order number.
[6]
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.
[7]
After completion of a utility-scale solar energy system, the
applicant shall provide a post-construction certification from a New
York State licensed engineer that the project complies with applicable
codes and industry practices and has been constructed and is operating
according to the design plans.
[8]
Compliance with regulatory agencies. The applicant is required
to obtain all necessary regulatory approvals and permits from all
federal, state, county, and local agencies having jurisdiction and
approval related to the completion of a large utility-scale solar
energy system.
(4)
Site plan review.
(a)
A site plan shall be in accordance with the Town's site plan requirements per Chapter 117, Site Plan Review, and drawn in sufficient detail, as follows:
[1]
Plans and drawings of the solar energy system installation signed
by a New York State licensed engineer or registered architect showing
the proposal layout of the entire solar energy system along 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;
[2]
Certification from a professional engineer or architect registered
in New York State indicating that the building or structure to which
the solar energy system is to be affixed is capable of handling the
loading requirements of the solar energy system and various components.
[3]
Property lot lines and the location and dimensions of all existing
structures and uses within 500 feet of the solar panels.
[4]
Proposed fencing and/or screening for said project.
[5]
Any such additional information as may be required by the Town's
professional engineer or consultant, Town Board, Town Attorney, Building
Inspector or other Town entity.
[6]
The issuance of a special use permit does not constitute solar
sky space rights, and the Town shall not be responsible for ensuring
impermissible obstruction to the solar sky space as a result of uses
or development performed in accordance with the Town Code.
[7]
Where the owner of the property is different than the site host
of a solar energy system, the owner of the property shall provide
an affidavit or evidence of agreement between the property owner and
the solar energy system's owner/operator verifying that the system
owner/operator has the permission of the property owner to install
and operate the solar energy system.
[8]
Following construction of a large utility-scale or ground-mounted
solar energy system, 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.
J.
A certified notification to all property owners within 500 feet of
all property lines must be made and paid for by the applicant.
K.
For all large utility-scale solar energy systems, the applicant and/or property owner shall submit a decommissioning plan for review and approval as part of the special use permit application. The decommissioning plan shall identify the anticipated life of the project, method and process for removing all components of the solar energy system and returning the site to its preexisting condition, and estimated decommissioning costs, including any salvage value. See Article III of this chapter.
L.
Applications for special use permits shall be acted on by the Town
Board after a public hearing. A public hearing on said site plan/special
use permit may not be waived by the Town Board.
M.
The Town Board may, for large utility-scale and ground-mounted 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.
N.
Time limit on completion. Upon receipt of any required approval by
the Town Board, the applicant shall have six months to apply for a
building permit. After issuance of a building permit, the applicant
shall have six months to begin the project and 12 months to complete
the project. Prior to the issuance of a building permit, the applicant
shall document that all applicable federal, state, county, and local
permits have been obtained.
O.
If the use of an approved solar energy system which required a special
use permit is discontinued, the owner or operator shall notify the
Building Inspector within 30 days of such discontinuance. If a solar
energy system is to be retained and reused, the applicant shall further
inform the Building Inspector of this in writing at such time and
obtain any necessary approvals within one year; otherwise it shall
be automatically deemed abandoned.
P.
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, subject to all requirements of this Code.
Special use permits shall be assignable or transferable so long
as they are in full compliance with this article and the Building
Inspector is notified in writing at least 15 days prior thereto.
A.
In the event of any violation of a special use permit, the Town Board
may seek enforcement under any available authority, including but
not limited to Town Law § 268.
B.
Any use receiving a special use permit that subsequently does not
meet the requirements and/or conditions of that permit or this chapter
shall be subject to fines under the Town Law and shall have the permit
revoked, and the use shall be terminated within 90 days of notification
by the Town.
A special use permit shall be deemed to authorize only one particular
use and shall expire if the special use shall cease for a period of
more that one year.
