[Added 8-3-2020 by L.L.
No. 2-2020]
This solar energy article is adopted pursuant to the Town Law
for the State of New York, which authorizes the Town to adopt zoning
provisions that advance and protect the health, safety and welfare
of the community, and, in accordance with the Town Law of New York
State, "to make provision for, so far as conditions may permit, the
accommodation of solar energy systems and equipment and access to
sunlight necessary therefor."
This solar energy article is adopted to advance and protect
the public health, safety, and welfare of the Town of Hamburg by creating
regulations for the installation and use of solar energy generating
systems and equipment, with the following objectives and intent:
A.
To take advantage of a safe, abundant, renewable and nonpolluting
energy resource;
B.
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family houses;
C.
To invest in a locally generated source of energy to increase employment
and business development in the Town of Hamburg to the extent reasonably
practical by furthering the installation of solar energy systems;
D.
To provide other benefits to the Town and its residents to mitigate
impacts from the solar project;
E.
To mitigate the impacts of solar energy systems on environmental
resources, such as important agricultural lands, forests, wildlife
and other protected resources. The use of small-scale, on-farm sources
alternative to energy generation is beneficial to local farmers allowing
them the ability to cut utility costs and/or supplement their income;
F.
To protect adjoining/surrounding property owners by mitigating the
potential impacts from large-scale solar installations;
G.
To aid in the energy independence of the community as well as the
country;
H.
To create zoning regulations in accordance with the Town's Comprehensive
Plan.
As used in this article, the following terms shall have the
meanings indicated:
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.
A solar energy system that is affixed to the side(s) of a
building or other structure either directly or by means of support
structures or other mounting devices, but not including those mounted
to the roof or top surface of a building. Said system is designed
and intended to generate electricity solely for use on said lot, potentially
for multiple tenants, through a distribution system that is not available
to the general public.
Solar installations owned collectively through subdivision
homeowner associations or similar groups and which provides energy
only for the on-site use of a subdivision or multifamily building.
Collective solar installations shall be regulated depending upon generation
capacity as either large-scale, or small-scale systems, as defined
herein, and the on-site consumption for such a system shall include
the parcel where the system is located and the consumption of the
collective's member-owners' parcels.
Any residence/house/apartment that may be occupied or vacant.
Land, designated as "farmland of statewide importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil
Survey that is of state-wide importance for the production of food,
feed, fiber, forage, and oilseed crops as determined by the appropriate
state agency or agencies. Farmland of state-wide importance may include
tracts of land that have been designated for agriculture by state
law.
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
A solar energy system that is anchored to the ground via
a pole or other mounting system, detached from any other structure
that generates electricity for on-site or off-site consumption.
A contract between a developer and a local governing body
whereby the developer agrees to provide the community with certain
benefits and mitigate specified impacts of the solar project.
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.
A property that is not affiliated with a solar energy system
project in any way.
A tract of land owned by an individual or entity leased or
otherwise controlled by an applicant upon which a solar energy system
is proposed to be constructed.
A property that is being leased for solar usage, or a property
that has an agreement or lease but is not having solar-related improvements
constructed upon it.
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 farmland where
drained" in the U.S. Department of Agriculture Natural Resources Conservation
Service (NRCS)'s 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.
A solar energy system located on the roof of any legally
permitted building or structure that produces electricity for on-site
or off-site consumption.
Space open to the sun and clear of overhangs or shade so
as to permit the use of active and/or passive solar energy systems
on individual properties.
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
The components and subsystems required to convert solar energy
into electric energy suitable for use. The term includes, but is not
limited to, solar panels and solar energy equipment. A solar energy
system in the Town of Hamburg is classified as a Tier 1, Tier 2, or
Tier 3 solar energy system as follows:
Tier 2 solar energy systems include ground-mounted solar energy
systems up to 2,000 square feet in size (defined as the actual square
footage of panels) and that generate no more than 110% of the electricity
consumed on the site over the previous 12 months.
Tier 3 solar energy systems are systems that do not meet the
definition of a Tier 1 or Tier 2 solar energy systems.
A photovoltaic device capable of collecting and converting
solar energy into electricity.
A device that stores energy and makes it available in an
electrical form.
Any areas designated as such by the New York State Department
of Environmental Conservation or the U.S. Army Corps of Engineers.
A.
The requirements of this article shall apply to all solar energy
systems permitted, installed, or modified in the Town after the effective
date of this article, excluding general maintenance and repair.
B.
Solar energy systems constructed or installed prior to the effective
date of this article shall not be required to meet the requirements
of this article.
C.
Modifications to an existing solar energy system that increase the
solar energy system area by more than 5% of the original area of the
solar energy system (exclusive of moving any fencing) shall be subject
to this article.
D.
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the New York State Uniform Fire Prevention
and Building Code (Building Code), the New York State Energy Conservation
Code (Energy Code), and the Town Code.
A.
A building permit shall be required for installation of all solar
energy systems.
B.
Issuance of permits and approvals by the Planning Board shall include
review pursuant to the State Environmental Quality Review Act, Environmental
Conservation Law, Article 8, and its implementing regulations at 6
NYCRR Part 617 (SEQRA).
C.
This article shall take precedence over any inconsistent provision
of the Zoning Law of the Town of Hamburg.
All Tier 1 solar energy systems shall be permitted in all zoning
districts and shall be exempt from site plan review under the local
zoning code or other land use regulation, subject to the following
conditions for each type of solar energy system:
A.
Roof-mounted and building-mounted solar energy systems.
(1)
Roof-mounted and building-mounted solar energy systems are permitted
as an accessory use in all zoning districts when attached to a lawfully
permitted principal structure and/or accessory structure, subject
to the following requirements:
(a)
Height. Solar energy systems shall not exceed maximum height
restrictions within any zoning district and are provided the same
height exemptions granted to building-mounted mechanical devices and
equipment.
(b)
Setback. Roof-mounted and building-mounted solar energy systems
are subject to the setback requirements of the underlying zoning district
and may not be installed on structures which are nonconforming to
setback requirements.
(c)
Aesthetics and safety design. Solar energy equipment shall incorporate
the following design requirements:
[1]
Roof-mounted panels facing the front yard must be mounted at
the same angle as the roof's surface with a maximum distance of eight
inches between the roof and highest edge of the system.
[2]
Access and pathways. Ground access, roof access, pathways, and
spacing requirements for solar photovoltaic systems shall be provided
in accordance with the Building Code.
[3]
Size of solar photovoltaic array. Each photovoltaic array shall
not extend out beyond the roofline.
[4]
Where required by the Building Code to allow for smoke ventilation
operations, panels and modules shall not be located less than 18 inches
from a roof ridge or peak.
(d)
Single ridge roofs and hip roofs. Panels, modules, or arrays
installed on single ridge roofs and hip roofs shall be located and
shall provide access and pathways in a manner consistent with the
Building Code.
(e)
Ice guards or restraints. Any roof upon which a solar energy
system is mounted or integrated must incorporate snow and ice guards
or restraints sufficient to mitigate the risk of injury from falling
snow or ice to persons or vehicles moving around or under the roof.
(2)
Glare. All solar panels shall have antireflective coating(s)
and proof of such must be provided with the building permit application.
(3)
Fire safety. All roof-mounted systems shall be designed and
installed in accordance with the Uniform Fire Prevention and Building
Code standards.
(4)
Notification to the fire service. Notification in writing to
the fire company having operational authority at the location where
the system will be installed shall be made no later than 10 days following
installation:
(a)
Notification shall include a site map showing the location of
the solar energy electrical panel, as well as the proper operation
of the disconnect switch(s) in the event of a fire or other emergency
situation where the homeowner, tenant or other personnel is not available
or familiar with the safe shutdown operation of the unit so as to
have the ability to cut power from the solar panels.
(b)
In addition, a written statement showing the method of shutdown
shall be posted inside the main electrical panel of the unit that
can be readily accessible for and to firefighting personnel.
B.
Building-integrated solar energy systems. Building-integrated solar
energy systems shall be shown on the plans submitted for the building
permit application for the building containing the system. They shall
be shown to meet the applicable requirements for Tier 1 solar energy
systems.
All Tier 2 solar energy systems shall be permitted in all zoning
districts except R-1, R-2, R-3, R-4, and NC as an accessory use and
require site plan review in accordance with the Town of Hamburg Zoning
Code and other Town land use regulations. Tier 2 solar energy systems
shall only be permitted in the R-A Zoning District where the size
of the lot is in excess of two acres and Town Planning Board approval
has been granted in regard to placement. The site plan application
shall include a site plan (See site plan requirements of the Town
of Hamburg.) and application fee as set by the Town Board, and address
the following requirements:
A.
Glare. All solar panels shall have antireflective coating(s), and
proof of such must be provided with the site plan application and
the building permit application.
B.
Setbacks. Tier 2 solar energy systems shall be set back a minimum
of 30 feet from any side or rear property line. All ground-mounted
solar energy systems shall only be installed in the side or rear yards.
(Preference is in the rear yards, and it must be shown that installation
in the rear yard cannot be accomplished.) In all cases, the solar
panels shall be located a minimum of 60 feet from any dwelling unit
on an adjoining nonparticipating property.
C.
Height. Tier 2 solar energy systems shall be less than 12 feet in
residential districts. Height shall be less than 15 feet for all remaining
districts.
D.
Screening and visibility.
(1)
All Tier 2 solar energy systems shall have views minimized from
adjacent properties to the extent reasonably practicable (as determined
through the site plan process).
(2)
Solar energy equipment shall be located in a manner to reasonably
avoid and/or minimize blockage of views from surrounding properties
and shading of property to the north, while still providing adequate
solar access.
E.
Any Tier 2 solar energy system to be used strictly for agricultural
purposes in accordance with New York State Agriculture and Markets
Law may have some of the requirements of this article waived by the
Planning Board.
F.
All solar energy systems shall adhere to all applicable federal,
state, county and Town of Hamburg laws, regulations and building,
plumbing, electrical, and fire codes.
G.
Any solar energy system shall be accessible for all emergency service
vehicles and personnel.
H.
All structures and devices used to support solar collectors shall
be nonreflective and/or painted a subtle or earthtone color.
I.
The design, construction, operation, and maintenance of any solar
energy system shall prevent the misdirection and/or reflection of
solar rays onto neighboring properties, public roads, and public parks
in excess of that which already exists.
All Tier 3 solar energy systems are permitted through the issuance
of a special use permit within Residential-Agricultural Zoning District,
Commercial Zones, Industrial Zones, and subject to site plan application
requirements set forth in this section. In order to ensure that the
benefits of the community solar energy resource are available to the
entire community, the Town of Hamburg may require the applicant to
enter into a host community agreement with the Town of Hamburg.
A.
Applications (process) for the installation of Tier 3 solar energy
system shall be:
(1)
Received by the Planning Department and checked to make sure
the appropriate documents have been submitted. The Planning Department
will then forwarded to the Planning Board, by having it placed on
the next available agenda, for it to determine completeness of the
application materials. Applicants shall be advised within 10 business
days of the first Planning Board meeting of the completeness of their
application materials or any deficiencies that must be addressed prior
to substantive review of the special use permit and site plan.
(2)
Once the application package materials are deemed complete and
while the Planning Board is completing its reviews, the project/application
shall be referred to the Town Board to decide on the completion of
a host community agreement. This agreement, if necessary, will need
to be finalized before the Planning Board acts on the special use
permit.
(3)
Subject to a public hearing to hear all comments for and against
the application. The Town shall complete all public notice requirements
in accordance with the special use and site plan requirements of the
Town.
(4)
Referred to the Erie County Planning Department pursuant to
General Municipal Law § 239 if required.
(5)
Acted upon by the Planning Board once the required steps are
completed and the Planning Board has completed the SEQR process.
B.
Design and application requirements. Applications for Tier 3 solar
projects shall address and include the following:
(1)
Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
(2)
Signage.
(a)
No signage or graphic content shall be displayed on the solar
energy systems except the manufacturer's name, equipment specification
information, safety information, and twenty-four-hour emergency contact
information. Said information shall be depicted within an area no
more than eight square feet.
(b)
As required by the National Electric Code (NEC), disconnect
and other emergency shutoff information shall be clearly displayed
on a light-reflective surface. A clearly visible warning sign concerning
voltage shall be placed at the base of all pad-mounted transformers
and substations.
(3)
Glare. All solar panels shall have antireflective coating(s)
and proof of such submitted.
(4)
Lighting. Lighting of the solar energy systems shall be limited
to that minimally required for safety and operational purposes and
shall be reasonably shielded and downcast (dark sky compliant) from
abutting properties.
(5)
Noise. Information on any noise-producing equipment (as determined
by the Town based on application materials) shall be submitted. If
necessary, the Planning Board will require analysis of the noise on
any sensitive receptors, including single-family homes.
(6)
Tree cutting. Removal of existing trees larger than six inches
in diameter should be minimized to the extent possible.
(7)
Decommissioning.
(a)
Solar energy systems that have been abandoned and/or not producing
electricity (defined as operated at a minimum of 50% capacity for
a period of at least six months) for a period of one year shall be
removed at the owner and/or operator's expense, which at the owner's
option may come from any security made with the Town as set forth
in this article.
(b)
A decommissioning plan (See Appendix 1.[1]) signed by the owner and/or operator of the solar energy
system shall be submitted by the applicant, addressing the following:
[1]
The cost of removing the solar energy system (no allowance for
recycle value).
[2]
The time required to decommission and remove the solar system
and any ancillary structures.
[3]
The time required to repair any damage caused to the property
by the installation and removal of the solar energy system.
[1]
Editor's Note: Appendix 1 is on file in the Town offices.
(c)
Security.
[1]
The deposit, executions, or filing with the Town Clerk of cash,
bond, or other form of security reasonably acceptable to the Town
Attorney and/or Engineer and approved by the Town Board, 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 restorations of the site subsequent to removal.
The amount of the bond or security shall be 125% of the cost of removal
of the Tier 3 solar energy system and restoration of the property
with an escalator of 2% annually for the life of the solar energy
system. The decommissioning amount shall not be reduced by the amount
of the estimated salvage value of the solar energy system.
[2]
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.
[3]
In the event of default or abandonment of the solar energy system,
the system shall be decommissioned as set forth in this article.
(8)
Application fees. All applications for Tier 3 solar energy systems
shall include the appropriate fees as set by the Hamburg Town Board.
(9)
Maintenance plan. Applications shall include a maintenance plan
for all leased lands (including required setbacks/buffers).
(10)
Safety. Applications shall include a safety plan (including
communication with emergency service providers).
(11)
Environmental and cultural resources: information on the environmental
and cultural resources (as identified through the NYSDEC Mapping System
and by the Town of Hamburg) on the subject property and surrounding
properties.
(12)
A property owner who has installed or intends to install a Tier
3 solar energy system may choose to negotiate with other property
owners in the vicinity for any necessary solar skyspace easements.
The issuance of a special use permit does not constitute solar skyspace
rights, and the Town shall not be responsible for ensuring impermissible
obstruction to the solar skyspace as a result of uses or development
performed in accordance with Town Code. In the event that solar easements
are negotiated by an applicant or property owner for a utility-scale
solar energy system, a copy or documentation of any solar skyspace
easements shall be provided, properly recorded as such, negotiated
with neighboring property owners that shall, at a minimum, include:
(a)
The restrictions placed upon buildings, structures, vegetation
and other objects or uses that would potentially obstruct the solar
skyspace of the solar energy system; and
(b)
A description of the dimensions of the easement expressed in
measurable terms, such as the maximum height of buildings and structures,
vertical or horizontal angles measured in degrees, or the hours of
the day on specified dates during which direct sunlight to a specified
surface of a solar collector may not be obstructed, or a combination
of these descriptions; and
(c)
The amount, if any, of permissible obstruction of the solar
skyspace through the easement, expressed in measurable terms, such
as a specific percentage of the solar skyspace that may be obstructed
or hours during the day; and
(d)
Provision for trimming vegetation that would impermissibly obstruct
solar skyspace, including any compensation for trimming expenses;
and
(e)
Provisions for compensation of the owner/operator benefitting
from the easement in the event of impermissible obstruction of the
solar skyspace that would be in violation of the easement; and
(f)
The terms or conditions, if any, under which the easement may
be revised or terminated.
C.
Site plan application. For any solar energy system requiring a special
use permit, site plan approval shall be required. This required site
plan application shall include a site plan and the following information:
(1)
A plan illustrating property lines and physical features, including
roads, for the project site.
(2)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(3)
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 over current devices.
(4)
A preliminary equipment specification sheet that documents all
proposed solar panels, significant components, mounting systems, and
inverters that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of building permit.
(5)
Name, address, and contact information of proposed or potential
system installer and the owner and/or operator of the solar energy
system. Such information of the final system installer shall be submitted
prior to the issuance of building permit.
(6)
Name, address, phone number, and signature of the project applicant,
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the solar energy system.
(7)
Zoning district designation for the parcel(s) of land comprising
the project site.
(8)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming (or other methodologies).
(9)
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.
(10)
Engineering documents must be signed and sealed by a New York
State (NYS) licensed professional Engineer or New York State registered
architect.
(11)
A completed SEQR full environmental assessment form.
(12)
A landscape plan in accordance with the special use permit requirements
of this chapter.
(13)
Any such additional information as may be required by the Town's
professional engineer or consultant, Town of Hamburg Planning Board,
Town Planning Board Attorney, Building Inspector or other Town official.
A.
Specific standards (in addition to those required in the general provisions of Article XLVI).
(1)
Lot size. There are no lot size requirements; the project must
be shown to meet all setback and other requirements of this chapter.
(2)
Setbacks. All Tier 3 solar energy systems shall be set back
a minimum of 50 feet from the fence surrounding the solar panels and
equipment to all property lines and to the edge of any road right-of-way.
Additionally, the setback from the fence line shall be a minimum of
300 feet from the side or rear of a dwelling unit on an adjoining
nonparticipating property. The setback to any off-site participating
dwelling unit shall be 100 feet from the side or rear of the dwelling
unit.
(3)
Height. The Tier 3 solar energy systems shall be less than or
equal to 20 feet. The height of systems will be measured from the
highest natural grade below each solar panel. This height requirement
can be waived by the Planning Board if the panels are being raised
to accommodate agricultural purposes.
(4)
Fencing requirements. All mechanical equipment, including any
structure for storage batteries, shall be enclosed by a fence, and
meet any other regulatory requirements such as the NEC, with a self-locking
gate to prevent unauthorized access.
(5)
Screening and visibility.
(a)
Solar energy systems smaller than five acres shall have views
minimized from adjacent properties to the extent reasonably practicable
using architectural features, earthen berms, landscaping, or other
screening methods that will harmonize with the character of the property
and surrounding area.
(b)
Solar energy systems larger than five acres shall be required
to:
[1]
Conduct a visual assessment of the visual impacts of the solar
energy system on public roadways and adjacent properties. At a minimum,
a line-of-sight profile analysis shall be provided. 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.
[2]
Submit a screening and landscaping plan to show adequate measures
to screen through landscaping, grading, or other means so that views
of solar panels and solar energy equipment shall be minimized as reasonably
practical from public roadways and adjacent properties to the extent
feasible. The Planning Board will in good faith determine the adequacy
of these measures in its sole and absolute discretion.
[3]
The screening and landscaping 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. The landscaped
screening shall be comprised of a minimum of one evergreen tree, at
least six feet high at time of planting, plus two supplemental shrubs
at the reasonable discretion of the Town Planning Board, all planted
within each 10 linear feet of the solar energy system. (Existing vegetation
may be used to satisfy all or a portion of the required landscaped
screening.) A list of suitable evergreen tree and shrub species can
be provided by the Town. This minimum screening requirement will be
reduced if adjoining properties are participating properties.
[4]
For any buildings or structures (not panels) to be placed on
the site, the applicant shall be required to submit plans illustrating
how these structures will blend into the character of the area. For
example, buildings can be made to look like agricultural structures,
such as barns.
(6)
Agricultural resources. For projects located on agricultural
lands:
(a)
Tier 3 solar energy systems located on prime farmland shall
be constructed in accordance with the construction requirements of
the New York State Department of Agriculture and Markets (See New
York State Agriculture and Markets Guidelines).
(b)
Tier 3 solar energy system owners shall develop, implement,
and maintain native vegetation to the extent practicable pursuant
to a vegetation 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 plant
species and seed mixes. Once established, other agriculture uses,
such as pasturing livestock and apiculture are permissible and encouraged.
Input from the local farmers and Town Agricultural Committee (if in
place) will be needed to make these determinations.
(c)
Agricultural restoration requirements. Once the system is decommissioned,
the site shall be restored and remediated in accordance with the New
York State Agriculture and Markets Guidelines. (This will be a condition
of the special use permit.)
(7)
Noise. The project shall be shown to not have any adverse noise
impacts on any surrounding homes or other sensitive receptors (use
of NYSDEC regulations concerning noise).
(8)
Hazardous materials. The project components shall not contain
any hazardous materials that could contaminate soils or the air by
their release. (Units shall not contain cadmium.)
(9)
Solar energy system liability insurance.
(a)
The holder of a special use permit for a solar energy system
shall agree to secure and maintain for the duration of the permit,
public liability insurance as follows:
[1]
Commercial general liability covering personal injuries, death
and property damage: $5,000,000 per occurrence ($10,000,000 aggregate)
which shall specifically include the Town of Hamburg and its officers,
councils, employees, attorneys, agents and consultants as additional
named insured.
[2]
Umbrella coverage: $10,000,000.
(b)
Insurance company. The insurance policies shall be issued by
an agent or representative of an insurance company licensed to do
business in the state and with at least a Best's rating of "A."
(c)
Insurance policy cancellation. The insurance policies shall
contain an endorsement obligating the insurance company to furnish
the Town of Hamburg with at least 30 days' prior written notice in
advance of cancellation.
(d)
Insurance policy renewal. Renewal or replacement policies shall
be delivered to the Town of Hamburg at least 15 days before the expiration
of the insurance that such policies are to renew or replace.
(e)
Copies of insurance policy. No more than 15 days after the grant
of the permit before construction is initiated, the permit holder
shall deliver to the Town of Hamburg a copy of each of the policies
or certificates representing the insurance in the required amounts.
(f)
Certificate of insurance. A certificate of insurance states
that it is for informational purposes only and does not confer sufficient
rights upon the Town of Hamburg and shall not be deemed to comply
with this article.
(g)
Indemnification. Any application for a solar energy system within
the Town of Hamburg shall contain an indemnification provision. The
provision shall require the applicant/owner/operator to at all times
defend, indemnify, protect, save, hold harmless and exempt the Town
of Hamburg and its officers, councils, employees, attorneys, agents
and consultants from any and all penalties, damages, costs or charges
arising out of any and all claims, suits, demands, causes of action
or award of damages, whether compensatory or punitive, or expenses
arising therefrom either at law or in equity which might arise out
of or are caused by the placement, construction, erection, modification,
location, equipment's performance, use, operation, maintenance, repair,
installation, replacement, removal or restoration of said solar energy
system, excepting, however, any portion of such claims, suits, demands,
causes of action or award of damages as may be attributable to the
negligent or intentional acts or omissions of the Town of Hamburg
or its employees or agents. With respect to the penalties, damages,
or changes referenced herein, reasonable attorneys' fees, consultants'
fees and expert witness fees are included in those costs that are
recoverable by the Town of Hamburg.
(h)
Escrow account. The applicant/owner/operator shall pay to the
Town of Hamburg a nonrefundable application fee. The Town shall require
the applicant to enter into an escrow agreement to pay the engineering,
planning, legal, inspection, environmental impact services (including
the review required under SEQR), or other professional services to
aid the Town in the review of any submitted solar energy application.
These costs (and other expenses incurred by the Town of Hamburg) are
reimbursable only from the escrow account, not the application fee.
The amount of the escrow account will be determined by consulting
with the appropriate professional organizations. Nothing in this section
shall limit the ability of the Town to enter into host community agreement(s)
with the applicant to compensate the Town for expenses and impacts
on the community.
If the owner or operator of the solar energy system changes
or the owner of the property changes, the special use permit shall
remain in effect, provided that the successor owner or operator assumes
in writing all of the obligations of the special use permit, site
plan approval, and decommissioning plan. A new owner or operator of
the solar energy system shall notify the Zoning Enforcement Officer
of such change in ownership or operator within 30 days of the ownership
change.
A.
Solar energy systems and solar energy equipment shall be certified
under the applicable electrical and/or building codes as required.
B.
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 Tier 3 solar energy system is located in an ambulance
district, the local ambulance corps.
C.
If storage batteries are included as part of the solar energy system,
they shall meet the requirements of any applicable local law, 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 any applicable federal, state, or county laws or regulations.
A.
The special use permit and site plan approval for a solar energy
system shall be valid for a period of 18 months, provided that construction
has commenced. In the event construction is not completed in accordance
with the final site plan as may have been amended and approved, as
required by the Planning Board, within 18 months after approval, the
applicant or the Town may extend the time to complete construction
for 180 days. If the owner and/or operator fails to perform substantial
construction after 24 months, the approvals shall expire.
B.
Upon cessation of electricity generation of a solar energy system on a continuous basis for 12 months (as defined in § 280-373), the Town may notify and instruct the owner and/operator of the solar energy system to implement the decommissioning plan. The decommissioning plan must be completed within 360 days of notification.
C.
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Town may, at its discretion, utilize the
bond and/or security for the removal of the solar energy system and
restoration of the site in accordance with the decommissioning plan.
Any violation of this solar energy article shall be subject
to the same enforcement requirements, including the civil and criminal
penalties, provided for in the zoning or land use regulations of the
Town.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision, or phrase of the aforementioned
sections, as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional, shall not affect the validity
or enforceability of any other section, subsection, paragraph, and
sentence.
