[Added 12-17-2019 by L.L.
No. 11-2019]
The Town of Van Buren recognizes that solar energy is a clean,
readily available and renewable energy source. Development of solar
energy systems offers an energy source that can prevent fossil fuel
emissions, reduce the Town's energy demands and attract and promote
green business development within the Town. The Town of Van Buren
has determined that comprehensive regulations regarding the development
of solar energy systems are necessary to protect the interests of
the Town, its residents, and businesses. This article is intended
to promote the effective and efficient use of solar energy systems;
establish provisions for the placement, design, construction, operation
and removal of such systems in order to uphold the public health,
safety and welfare; and to ensure that such systems will not have
a significant adverse impact on the aesthetic qualities and character
of the Town.
This article shall apply to all solar energy systems in the
Town of Van Buren which are installed or modified after the effective
date of this article. All solar energy systems which are installed
or modified after the effective date of this article shall be in compliance
with all of the provisions hereof. All solar energy systems shall
be designed, erected, and installed in accordance with all applicable
codes, regulations, and industry standards as referenced in the NYS
Uniform Fire Prevention and Building Code ("Building Code"), the NYS
Energy Conservation Code ("Energy Code"), and the Town of Van Buren
Code.
A.
Districts where allowed. Building-integrated solar energy systems
shall be permitted in all zoning districts within the Town subject
to the submission of, application for and review and issuance of an
applicable building permit. A proposed building-integrated solar energy
system shall be shown on the plans submitted for the building permit.
A.
Districts where allowed. Rooftop-mounted solar energy systems shall
be permitted in all zoning districts within the Town subject to the
following requirements:
(1)
A solar/building permit shall be required for installation of all
rooftop-mounted solar energy systems. An applicant shall submit the
following application materials to the Code Enforcement Officer:
(a)
A site survey and building roof plan showing location of major
components of the solar energy system and other equipment on the roof
or legal accessory structure. This plan should represent relative
locations of components at the site, including, but not limited to,
location of arrays, existing electrical service locations, utility
meters, inverter locations, system orientation and tilt angles. This
plan should show access and pathways that are compliant with the New
York State Uniform Fire Prevention and Building Code, as applicable.
(b)
One-line or three-line electrical diagram. The electrical diagram
required by NYSERDA for an incentive application and/or utilities
for an interconnection agreement may also be provided.
(c)
Specification sheets for all manufactured components. If these
sheets are available electronically, a web address will be accepted
in place of an attachment, at the discretion of the Town.
(d)
All electrical diagrams are to be prepared by a professional
engineer or an architectural firm, and the diagrams and plans must
contain the applicable professional's stamp, mark, and/or signature
as required by New York State law and include the following:
(2)
Rooftop-mounted solar energy systems shall not exceed the maximum
allowed height of the principal use in the zoning district in which
the system is located. If practicable, a rooftop-mounted solar energy
system on a pitched roof shall be mounted with a maximum distance
of eight inches or as required by the New York State Uniform Fire
Prevention and Building Code, between the roof surface and the highest
edge of the system.
(3)
Rooftop-mounted solar energy systems shall be mounted parallel to
the roof plane on which they are mounted. However, in the case of
buildings which have a flat roof, a tilted mount may be permitted
subject to site plan review before the Planning Board and Zoning Board
of Appeals.
(4)
In order to ensure firefighter and other emergency responder safety,
except in the case of accessory buildings under 1,000 square feet
in area, there shall be a minimum perimeter area around the edge of
the roof and structurally supported pathways to provide space on the
roof for walking around all rooftop-mounted solar energy systems.
(a)
Additionally, installations shall provide for adequate access
and spacing in order to:
[1]
Ensure access to the roof.
[2]
Provide pathways to specific areas of the roof. The specific
pathway size per building will be determined and approved by the Fire
Marshal. The Fire Marshal shall determine how close to the edge of
the building that solar panels can go in order to provide sufficient
area for firefighters to work.
[3]
Provide for smoke ventilation opportunity areas.
[4]
Provide for emergency egress from the roof.
(b)
Exceptions to these requirements may be requested where access,
pathway or ventilation requirements are reduced due to:
[1]
Unique site-specific limitations;
[2]
Alternative access opportunities (such as from adjoining roofs);
[3]
Ground level access to the roof area in question;
[4]
Other adequate ventilation opportunities when approved by the
Codes Office or Fire Marshal;
[5]
Adequate ventilation opportunities afforded by panels set back
from other rooftop equipment (for example: shading or structural constraints
may leave significant areas open for ventilation near HVAC equipment);
[6]
Automatic ventilation devices; or
[7]
New technology, methods or other innovations that ensure adequate
emergency responder access, pathways and ventilation opportunities.
A.
Districts where allowed. Ground-mounted solar energy systems are
permitted as accessory structures in the following: Residence District
40 (R-40), Agriculture/Residence District (AR-80), Industrial A District
(InA), Industrial B District (InB), Planned Unit Development (PUD),
Planned Commercial (PCD), Planned Industrial (InP), Planned Office
Development (POD), General Business District (GB), Local Business
District (LB), Business/Residence Buffer District (BRB) and Rural
Hamlet District (RH), and further subject to the following requirements:
(1)
A solar/building permit and special use permit shall be required
for installation of all ground-mounted solar energy systems.
(2)
Ground-mounted solar energy systems are prohibited in front yards.
In addition, ground-mounted solar energy systems shall comply with
the most restrictive area, yard and total area/lot coverage restrictions
based on the specific zone regulations in each applicable zoning district
in which the ground-mounted solar energy system is constructed. Further
setbacks, area and yard requirements and total area/lot coverage restrictions
may be required by the Planning/Zoning Board of Appeals in order to
protect the public's safety, health and welfare.
(3)
Ground-mounted solar energy systems shall only be permitted on lots
which are 20,000 square feet or larger.
(4)
The height of the solar collector/panel and any mounts shall not
exceed 15 feet in height when oriented at maximum tilt measured from
the ground, including any base.
(5)
As part of the special use permit review process, the Zoning Board
of Appeals will determine that a ground-mounted solar energy systems
shall be screened when possible and practicable from adjoining lots
and street rights-of-way through the use of architectural features,
earth berms, landscaping, fencing or other screening which will harmonize
with the character of the property and the surrounding area. The proposed
screening shall not interfere with the normal operation of the solar
collectors/panels.
(6)
The ground-mounted solar energy system shall be located in a manner
to reasonably minimize view blockage for surrounding properties and
shading of property while still providing adequate solar access for
the solar energy system.
(7)
Neither the ground-mounted solar energy system nor any component
thereof shall be sited within any required buffer area, easement,
right-of-way or setback.
(8)
The criteria for a special use permit as set forth in § 200-80C(5) shall also be demonstrated for each application.
B.
Districts where prohibited. Except for where permitted in Subsection A herein, ground-mounted solar energy systems are prohibited in all other zoning districts of the Town, including but not limited to: Residence District 10 (R-10), Residence District 15 (R-15), Residence District (R-20), Mobile/Manufactured Home Community (MHC) and the overlay and protection districts enumerated in § 200-12 of the Van Buren Code.
A.
All solar energy system installations must be performed by a qualified
solar installer.
B.
A solar/building permit shall be required for installation of all
solar energy systems.
C.
Solar energy systems, unless part of a solar farm, shall be permitted
only to provide power for use by owners, lessees, tenants, residents
or other occupants of the premises on which they are erected, but
nothing contained in this provision shall be construed to prohibit
the sale of excess power through a net-metering arrangement in accordance
with New York Public Service Law § 66-j or similar state
or federal statute. However, solar energy system applications in a
residential setting and serving a residential use on a single parcel
or lot shall be limited to 25 kW or less or no more than 110% of energy
consumed on the site in the prior 12 months. Solar energy system applications
serving a commercial or industrial use shall be limited to no more
than 110% of energy consumed on the site in the prior 12 months.
D.
Prior to operation, electrical connections must be inspected by an
appropriate licensed electrical inspection person or agency, as determined
by the Town. An electrical inspector must supply written verification
that all electrical connections pass inspection.
E.
Any connection to the public utility grid must be inspected by the
appropriate public utility, and proof of inspection shall be provided
to the Town.
F.
Solar energy systems shall be maintained in good working order.
H.
All solar energy systems shall meet and comply with all relevant
and applicable provisions of the New York State Uniform Fire Prevention
and Building Code Standards. To the extent the provisions of the New
York State Uniform Fire Prevention and Building Code are more restrictive
than the provisions set forth in this article, the provisions of the
New York State Uniform Fire Prevention and Building Code shall control.
I.
If solar storage batteries are included as part of the solar energy
system, they must be placed in a secure container or enclosure meeting
the requirements of the New York State Uniform Fire Prevention and
Building Code when in use, and when no longer used shall be disposed
of in accordance with the laws and regulations of the Town and other
applicable laws and regulations.
J.
All utility services and electrical wiring/lines shall be placed
underground and otherwise be placed within the walls or unobtrusive
conduit. Conduits or feeds which are laid on the roof shall be camouflaged
to blend in with the roof and reduce aesthetically objectionable impacts.
Where applicable, the Zoning Board/Planning Board may, for example,
instruct that the conduit matches the building color, to the extent
practical.
K.
If a solar energy system ceases to perform its originally intended
function for more than 12 consecutive months, the property owner shall
completely remove the system, mount and all other associated equipment
and components by no later than 90 days after written notice from
the Town. The Building Inspector, Zoning Enforcement Officer, Code
Enforcement Officer and/or Town Engineer shall have the right at any
reasonable time to enter, in the company of the owner or his agent,
to ensure that the solar energy system remains operational.
L.
To the extent practicable, solar energy systems shall have neutral
paint colors, materials and textures to achieve visual harmony with
the surrounding area. Solar energy systems shall be composed of panels
which are the same or similar in composition and color.
M.
The design, construction, operation and maintenance of the solar
energy system shall prevent the direction, misdirection and/or reflection
of solar rays and/or glare onto neighboring properties, public roads,
public parks and public buildings.
N.
All applications and the review of solar energy systems shall comply
with the New York State Environmental Quality Review Act and its implementing
regulations.
O.
Prior to the time of the issuance of a solar/building permit, the
applicant/owner shall demonstrate to the Code Enforcement Officer
a reliable and safe method for de-energizing the solar energy system
in the event of an emergency. The method and location to de-energize
the solar energy system, once approved by the Code Enforcement Officer,
shall be provided by the applicant to all applicable emergency services
and first responders.
P.
Marking of equipment.
(1)
Solar energy systems and components shall be marked in order to provide
emergency responders with appropriate warning and guidance with respect
to isolating the solar electric system. Materials used for marking
shall be weather-resistant. For residential applications, the marking
may be placed within the main service disconnect. If the main service
disconnect is operable with the service panel closed, then the marking
should be placed on the outside cover.
(2)
In the event any of the standards in this subsection for markings
are more stringent than applicable provisions of the New York State
Uniform Fire Prevention and Building Code, they shall be deemed to
be guidelines only, and the standards of the State Code shall apply.
A.
Districts where allowed. Subject to the issuance of site plan approval
and a special use permit and other requirements as set forth herein,
solar farms shall be a permitted use in the following zoning districts
subject to the limitations set forth herein: Residence District 40
(R-40), Agriculture/Residence District 80 (AR-80), Industrial A District
(InA), Industrial B District (InB), Planned Industrial (InP), General
Business District (GB), Planned Commercial (PCD), and Local Business
District (LB).
B.
Districts where prohibited. Solar Farms shall be prohibited in all other zoning districts, including but not limited to the following districts: Residence District 10 (R10), Residence District 15 (R-15), Residence District 20 (R-20), Mobile/Manufactured Home Community (MHC), Planned Unit Development (PUD), Planned Office Development (POD), Business/Residence Buffer District (BRB), Rural Hamlet District (RH), and the overlay and protection districts enumerated in § 200-12 of the Van Buren Code.
C.
Lot area and yard regulations. The following lot area and yard regulations
shall apply to solar farms:
(1)
Minimum street frontage: 100 feet.
(2)
Minimum lot area: 15 acres.
(3)
Minimum front yard setback: 100 feet.
(4)
Minimum rear yard setback: 100 feet.
(5)
Minimum side yard setback: 100 feet, except where an existing residence
abuts the side yard, the setback shall be 200 feet.
(6)
Minimum water setback: 200 feet from the high-water mark.
D.
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 Van Buren shall use or permit the use of land or premises
for the construction or installation of a solar farm without obtaining
a building permit, a special use permit issued by the Planning/Zoning
Board and a site plan approval issued by the Planning/Zoning Board
as hereinafter provided.
E.
Special use permit.
(1)
In addition to the criteria established pursuant to § 200-80C(5), the following criteria are hereby established for purposes of granting a special use permit for a solar farm under this article:
(a)
Scenic viewsheds. A solar farm shall not be installed in any
location that would substantially detract from or block the view(s)
of all or a portion of a scenic viewshed or from a waterfront overlay
and stream corridor, as viewed from any public road, right-of-way
or publicly owned land within the Town of Van Buren or that extends
beyond the border of the Town of Van Buren. For purposes of this subsection,
consideration shall be given to any relevant portions of the current,
amended and/or future Town of Van Buren Comprehensive Plan and/or
any other prior, current, amended and/or future officially recognized
Town planning document or resource.
(b)
No solar farm shall be installed on wetlands as identified/defined
by the New York State Department of Environmental Conservation, the
U.S. Army Corps of Engineers or local governing body.
(c)
Emergency shutdown/safety. 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
solar farm 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.
(d)
Security. All solar farms shall be secured to the extent practicable
to restrict unauthorized access.
(e)
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 solar farm,
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 solar farm site.
(f)
The development and operation of the solar farm 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 Van Buren or federal or state regulatory agencies.
(g)
Setbacks. Additional setbacks may be required from those set
forth in this section by the Zoning Board/Planning Board in order
to provide for the public's safety, health and welfare.
F.
Site plan review.
(1)
The following submission requirements must be observed regarding a site plan application for a solar farm. The Planning/Zoning Board may also require any of the requirements of § 200-79 as part of the submission.
(a)
A completed application form as supplied by the Town of Van
Buren for site plan approval for a solar farm.
(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 solar farm installation signed,
marked and/or stamped by a professional engineer or architect registered
in New York State showing the proposed layout of the entire solar
farm, along with a description of all components, whether on site
or off site, existing vegetation and proposed clearing and grading
of all sites involved. Clearing and/or grading activities are subject
to review by the Planning/Zoning Board and shall not commence until
the issuance of site plan approval. 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 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 solar farm and all components
thereof.
[4]
Location of all existing aboveground utility lines showing the
connection of the system to the utility line 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 solar farm shall be buried underground and include necessary
encasements in accordance with the national electric code and Town
requirements. The Town 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
and primary equipment sheets.
[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. The plan shall show any trees and/or
vegetation which is proposed to be removed for purposes of providing
greater solar access. Removal of existing trees larger than six inches
in diameter shall be minimized to the greatest extent possible.
[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 as may be required by the Planning/Zoning Board
during review.
[9]
Soil type(s) at the proposed site.
(d)
Photographic simulations shall be included showing the proposed
solar farm, along with elevation views and dimensions and manufacturer's
specifications and photos of the proposed solar energy systems, solar
collectors, solar panels and all other components comprising the solar
farm or from other vantage points selected by the Planning/Zoning
Board.
(e)
Prior to the issuance of a solar/building permit, certification
from a professional engineer or architect registered in New York State
indicating that the 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 location
of all access roads, gates, parking area, etc.
(h)
A plan for clearing and/or grading of the site and a stormwater
pollution prevention plan (SWPPP) for the site.
(i)
Documentation of utility notification, including an electric
service order number.
(j)
Sun chart. Where deemed appropriate, the Planning/Zoning 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 solar farm. The sun chart shall also indicate the potential for obstructions to the solar skyspace of the proposed solar farm under a scenario where an adjacent site is developed as otherwise permitted by applicable provisions of Chapter 200 of the Code of the Town of Van Buren with a building/structure built to maximum bulk and height at the minimum setback. Where no standards for setback are established, this scenario shall assume a maximum setback of five feet from the property line. The sun chart shall be kept on file at the Town Code 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.
(k)
The manufacturer's or installer's identification and appropriate
warning signage shall be posted at the site and be clearly visible.
(l)
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.
(m)
The height of the solar panel array shall conform to the height
restrictions for an accessory structure in the applicable zoning district,
but in no case shall exceed 20 feet measured from the ground, and
including any base or supporting materials. Neutral paint colors,
materials and textures may be required for solar farm components,
buildings and structures to achieve visual harmony with the surrounding
area.
(n)
The design, construction, operation and maintenance of the solar
energy system shall prevent the direction, misdirection and/or reflection
of solar rays and/or glare onto neighboring properties, public roads,
public parks and public buildings.
(o)
Artificial lighting of solar farms shall be limited to lighting
required for safety and operational purposes, and shall be shielded
from all neighboring properties and public roads.
(p)
Solar farms shall be enclosed by perimeter fencing to restrict
unauthorized access as approved by the Planning/Zoning Board. Style
and type of fence shall be approved by the Planning/Zoning Board as
part of the site plan.
(q)
Only signage used to identify the location of the solar farm
shall be allowed, and such signage shall otherwise comply with the
Town's sign regulations and requirements.
(r)
To the extent practicable, equipment that produces noise above
ambient levels during normal operation shall be placed in the center
of the solar array or at a minimum of 1,000 feet from the nearest
property line.
(s)
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/visual environmental assessment form. The following
additional material may be required by the Planning/Zoning Board:
[1]
A digital-elevation-model-based project visibility map showing
the impact of topography upon visibility of the project from other
locations, to a distance radius of three miles from the center of
the project. Scaled use shall depict a three-mile radius as not smaller
than 2.7 inches, and the base map shall be a published topographic
map showing cultural features.
[2]
No fewer than four color photos taken from locations within
a three-mile radius from the proposed location, as selected by the
Planning/Zoning Board and computer-enhanced to simulate the appearance
of the as-built aboveground solar farm components as they would appear
from these locations.
(2)
Site plan review criteria. In addition to the above, no site plan
shall be approved unless the Planning/Zoning Board determines that
the proposed solar farm 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.
G.
Public hearing. No action shall be taken by the Planning/Zoning Board
to issue a special use permit or site plan approval, nor the Zoning
Board of Appeals to grant a use or area variance in relation to an
application for a solar farm until after public notice and a public
hearing. Proper notice of a hearing before the Board shall be given
by legal notice published in the official newspaper of the Town of
Van Buren at least 10 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 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.
H.
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 solar farm 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.
I.
Compliance with state, local and national electric codes.
(1)
Building permit applications shall be accompanied by a line drawing
identifying the electrical components of the solar farm to be installed
in sufficient detail to allow for a determination that the manner
of installation conforms with the national electric 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 electric 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 electric
code and good engineering practices.
J.
Following construction/installation of the solar farm, 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.
K.
Post-construction/installation certification. Following the construction/installation
of the solar farm, 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 is operating according
to the drawings and development plan(s) submitted to the Town and
this article.
L.
Insurance. The applicant, owner, lessee or assignee shall maintain
a current insurance policy which will cover installation and operation
of the solar farm at all times. Said policy shall provide a minimum
of $5,000,000 property and personal liability coverage.
M.
Inspections. The Building Inspector, Zoning Enforcement Officer,
Code Enforcement Officer and/or Town Engineer shall have the right
at any reasonable time to enter, in the company of the owner or his
agent, the premises on which a solar farm is being or has been constructed,
to inspect all parts of said solar farm installation and require that
repairs or alterations be made if, in his judgment, there exists a
deficiency in the operation or the structural stability of the solar
farm 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.
N.
Power to impose conditions. In granting any site plan approval, special
use permit or variance for a solar farm, the Planning Board or Zoning
Board of Appeals, 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
Town residents and others.
O.
Decommissioning and removal of solar farm facilities.
(1)
The applicant shall agree, in writing, to remove the entirety of
the solar farm and all accessory structures and components thereof
if the solar farm ceases to be used for its intended purpose for 12
consecutive months. Removal of such obsolete and/or unused solar farm
components shall take place within three months thereafter. Such agreement
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.
(2)
Bond/security. The applicant shall be required to execute and file
with the Town Clerk a bond, or other form of security acceptable to
the Town Attorney and Engineer, in an amount sufficient for the faithful
performance of the terms and conditions of the permit issued under
this article, and to provide the decommissioning removal and restoration
of the site subsequent to the removal of the solar farm. 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, and shall
be reviewed and adjusted at five-year intervals. In the event of a
default upon performance of such condition or any of them, the bond
or security shall be forfeited to the Town, which shall be entitled
to maintain an action thereon. The bond or security shall remain in
full force and effect until the complete removal of the solar panels
and site restoration are finished.
(3)
Fees. Fees for applications and permits under this article shall be established by resolution of the Town Board of the Town of Van Buren. Consistent with the procedure of § 107-5 of the Town of Van Buren Town Code (Deposit of funds; payment of 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 for a solar farm under this article.
P.
Waiver. The Planning/Zoning Board may, under appropriate circumstances,
waive one or more of the submission requirements contained herein.
