A.
The standards found in this article are applicable to solar energy
systems permitted, installed, or modified in the Town after the effective
date of this chapter, excluding general maintenance and repair.
B.
Solar energy systems constructed or installed prior to the effective
date of this chapter shall not be required to meet the requirements
of this chapter.
C.
Modifications made to solar energy systems that alter the footprint
area of an approved site plan of an existing solar energy system,
increases the nameplate capacity by 5% or more, or that triggers NYS
Uniform Code compliance, shall comply with the provisions of this
chapter.
|
Solar energy system classification
|
R-R
|
R-1
|
B-3
|
I-1, I-2
|
P-D
|
L-C
|
|---|---|---|---|---|---|---|
|
Minor
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Medium
|
SPR
|
SPR
|
—
|
SPR
|
SPR
|
SPR
|
|
Major
|
SP/SPR
|
—
|
—
|
SP/SPR
|
—
|
SP/SPR
|
|
On-Farm
|
P
|
P
|
—
|
—
|
—
|
P
|
|
P = Permitted use
|
|
SPR = Site plan review required
|
|
SP = Special permit required
|
|
— = Not permitted
|
A.
A building permit shall be required for installation of all solar
energy systems.
B.
All solar energy system installations must be performed in accordance
with applicable electrical and building codes, the manufacturer's
installation instructions, and industry standards. Prior to operation,
the electrical connections must be inspected by the Town Code Enforcement
Officer or by an appropriate electrical inspection person or agency,
as determined by the Town. In addition, any connection to the public
utility grid must be approved and inspected by the appropriate public
utility.
C.
The operator shall notify the Town Code Enforcement Officer and the
local fire department at least three business days prior to the initial
energization of the solar energy system. Following such notification,
the Town Code Enforcement Officer, or their designee, shall be permitted
by the operator to be present for the initial energization of the
solar energy system. Failure to comply with the requirements this
provision shall constitute a violation of the building permit.
D.
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 departments.
E.
The solar energy system installer shall comply with all licensing
and other requirements of the jurisdiction and the state as determined
by the Code Enforcement Officer.
F.
When a battery energy storage system is included as part of the solar
energy system it must be installed to meet the requirements of the
NYS Building Code and the battery energy storage system regulations
of this chapter.
G.
Issuance of permits and approvals by the Planning Board and/or Town
Board shall include review pursuant to the State Environmental Quality
Review Act [ECL Article 8 and its implementing regulations at 6 NYCRR
Part 617 ("SEQRA")].
A.
The Town of Caledonia has adopted the New York unified solar permit
for minor solar Energy Systems. Permits are issued through the Code
Enforcement Officer. To qualify for the New York unified solar permit
for minor solar energy system, the following criteria must be met:
(1)
The solar energy system has a rated DC capacity of 25 KW or less.
(2)
It is mounted on a permitted roof structure, on a legal accessory
structure, or ground mounted on the applicant's property. If
on a legal accessory structure, a diagram showing the existing electrical
connection to the structure is to be included with the application.
(3)
If the structure is a sloped roof, solar panels are mounted parallel
to the roof surface.
B.
Building-mounted and building-integrated minor solar energy systems
are permitted in all zoning districts with a building permit and do
not need a zoning variance or special use permit.
C.
Ground-mounted minor solar energy system are permitted with a building
permit as an accessory structure in all zoning districts and on-farm
solar energy systems are permitted in R-R, R-1 and L-C Districts with
a building permit as an accessory structure, subject to the following
requirements:
(1)
The location of the solar energy system meets all applicable setback
requirements of the zone in which they are located.
(2)
The height of the solar energy equipment shall not exceed 17 feet
at its highest operating position.
(3)
The total surface area of all solar panels on the lot shall not exceed
4,000 square feet and shall not exceed 5% lot coverage.
(4)
The solar energy equipment is located in a side or rear yard.
(5)
Solar energy equipment shall be designed and located in a way so
as to prevent reflective glare toward any inhabited buildings on adjacent
properties, roads or from impacting aircraft flight path as provided
in Federal Aviation Administration guidance.
(6)
Where site plan approval is required elsewhere in the regulations
of the Town for a development or activity, the site plan review shall
include review of the adequacy, location, arrangement, size, design,
and general site compatibility of proposed solar energy systems.
(7)
If a solar energy system is in disrepair or ceases to generate solar
energy for more than nine consecutive months, the property owner shall
remove the solar energy equipment within 90 days after the end of
the nine-month period.
(8)
Portable solar array (e.g., flower) units with a total panel surface
area of 100 square feet or greater must adhere to the same guidelines
as ground mounted minor solar energy systems.
Medium solar energy systems are only permitted in RR, I-1, I-2, P-D, R-1, and L-C Districts and only following approval of a site plan by the Town Planning Board that meets the site plan standards set forth in § 106-9 below and in Article XI of the Town Zoning Code, and obtaining all other necessary approvals.
Major solar energy systems are only permitted in R-R, I-1, I-2,
and L-C Districts, and only following:
A.
Permit application. In addition to the requirements for site development plan review of Article XI of the Town Zoning Code, the application for a solar energy system shall consist of 10 paper copies and an electronic (digital) filing that contains at least the following:
(1)
Summary. A narrative overview of the solar energy system, including
its nameplate capacity.
(2)
Inventory. A tabulation describing the:
(3)
Vicinity map. Identification of the property on which the proposed
solar energy system will be located.
(4)
Site plan. A plan showing the:
(a)
Planned location of each solar array.
(b)
All property lines within 1,000 feet of the property lines of
the proposed site.
(c)
Each array's setback distance from the closest solar energy
system boundary.
(d)
Access road and turnout locations.
(e)
Substation(s) and ancillary equipment, buildings, fencing, and
structures.
(f)
Electrical cabling from the solar energy system to the substation(s),
and from the substation(s) to where the electricity will leave the
site, and associated distribution and transmission lines.
(g)
Conservation areas on or adjacent to the site of the solar energy
system and sensitive natural, historic, or recreational areas as identified
during the SEQRA review, including regulated wetlands; water bodies;
riparian buffers; populations of endangered or threatened species
(federal or state), or habitat for such species; flyways; archaeological
sites, cemeteries, and burial grounds; important local historic sites;
existing healthy, native forests consisting of at least one acre of
contiguous area; individual existing healthy trees that are at least
100 years old; other significant natural features and scenic view
sheds; and existing trails or corridors that connect the tract to
neighboring areas.
(h)
A screening and landscaping plan, prepared by a landscape architect,
that shows proposed screening and buffering of all arrays, buildings
and other non-array structures on the site or sites. The plan shall
include the proposed changes to the landscape of the site, grading,
vegetation clearing and planting, exterior lighting, and screening
vegetation or structures, and the plan for ongoing vegetation management.
The screening and landscaping plan shall include locations, elevations,
site lines, 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. Suggested plant species
for screening are presented in Appendix A.
(i)
The location of designated farmland on the site.
(5)
A completed SEQRA EAF (Environmental Assessment Form).
(6)
Demonstration that the proposed solar energy system complies with
the current construction and decommissioning and restoration guidelines
established by the NYS Ag and Markets Solar Energy Project Guidance
on designated farmland.
(7)
Agricultural integration plan. For solar energy systems constructed
on designated farmland, an agricultural integration plan integrating
ongoing agricultural activities with the solar energy system or a
demonstration that such plan is not practicable, in which case a plan
for seeding a minimum of 75% of the total surface area of all solar
panels on the parcel with native perennial vegetation designed to
attract pollinators.
(8)
Construction schedule. A proposed schedule for the completion of
the project, including the proposed start date and proposed date of
substantial completion, the expected date of connection to the power
grid, and the expected date on which operation of the solar energy
system shall commence.
(9)
Drainage and stormwater management. Erosion, sediment control, and
stormwater management plan prepared to NYSDEC standards and the NYSDEC
SPDES General Permit for Stormwater Discharges from Construction Activity,
latest edition, if applicable, and that is acceptable to the Town
Engineer and the Planning Board.
(10)
Emergency services. A fire protection and emergency response
plan, created in consultation with the local fire department(s) having
jurisdiction over the site of the solar energy system.
(11)
Leases/agreements/easements. A demonstration that the operator
has obtained title to or a leasehold interest in the facility site,
including ingress and egress access to a public street, or is under
binding contract or option to obtain such title or leasehold interest,
or can obtain such title or leasehold interest.
(12)
Lighting plan.
(13)
Noise. A study of the noise impacts of the construction and
operation of the solar energy system demonstrating compliance with
the approval standards for noise provided herein. Such noise study
may demonstrate compliance by utilizing the methodology for solar
energy systems and substations provided at 19 NYCRR 900-2.8, as amended.
(14)
Parking plan.
(15)
Signage plan.
(16)
Security plan. Design plans to verify that the solar energy
system is:
(17)
A signed and executed New York state standardized interconnection
contract from the utility company acknowledging that it will be connected
to the utility grid in order to sell electricity to the public utility.
(18)
Operation and maintenance plan. An operation and maintenance
plan describing continuing solar energy system maintenance and property
upkeep, such as mowing and trimming. Such plan will provide for the
inspection, and replacement by the following growing season if necessary,
of landscaping and trees that are part of the approved landscaping
plan to ensure compliance with the landscaping plan requirements.
The plan shall also include:
(a)
Storm and other severe weather event follow-up, and other actions
that shall be taken to keep the solar energy system operating quietly,
efficiently, and not polluting land, water, air.
(b)
Plans to ensure proper operation of inverters, inverter filters
and associated electrical equipment, including checks for electrical
pollution.
(c)
Preventive maintenance inspections at least every six months,
and after any hail, wind, or other severe weather event likely to
result in damage to the solar energy systems. A wind event is defined
as severe wind, which would be wind over 40 miles per hour for one
hour or wind gust 58 miles per hour or greater. Each inspection shall
consider solar panel condition, metal fatigue, fastener condition,
leakage, and other potential failures that might impact public health
and safety or the environment. Releases to soils from damaged solar
panels shall be managed as hazardous material spills, including removal
of all related soil contamination and confirmatory soil testing.
(d)
Inspection reports provided to the Town of Caledonia Zoning
or Code Enforcement Officer within 30 days of the inspection.
(e)
Quarterly inspections of the integrity of security systems.
(f)
Provision for an annual safety inspection of the solar energy
system by the Town of Caledonia Building Inspector or designee.
(19)
A decommissioning plan to be implemented upon abandonment, or
cessation of activity, or in conjunction with removal of the facility.
The decommissioning plan must ensure the site will be restored to
a useful, nonhazardous condition without delay, including, but not
limited to, the following:
(a)
Removal of all above-ground solar energy equipment, structures
and restoration of areas previously used for agricultural production,
according to recommendations by the owner, the Soil and Water Conservation
District, and the Department of Agriculture and Markets; removal of
concrete piers, footers, or other supports to a depth of 48 inches
below the soil surface; and removal of access roads, unless otherwise
specified by the owner.
(b)
Restoration of the surface grade and soil after removal of equipment.
(c)
Revegetation of restored soil areas with native seed mixes,
excluding any invasive species.
(d)
A time frame for the execution of the decommissioning plan work.
(e)
For solar energy systems constructed on designated farmland,
the restoration of the designated farmland pursuant to the decommissioning
guidelines of the New York State Agriculture and Markets Solar Energy
Project Guidance.
(f)
Anticipated life of the solar energy system.
(g)
The disconnection of the solar energy system from the utility
power grid.
(h)
Stabilization or revegetation of the site as necessary to minimize
erosion.
(i)
Estimated decommissioning costs, including contingency costs
of at least 50% (in current dollars), consistent with the then current
NYSERDA guidance or based on a detailed engineering assessment, and
certified by a New York state licensed professional engineering.
(j)
The verifiable means by which it can be determined that the
solar energy system has not delivered electricity to the grid for
any consecutive thirty-day period.
(k)
The plan to dispose or recycle all waste generated from the
decommissioning of the solar energy system pursuant to local, state,
and federal solid waste regulations.
(20)
Ancillary materials. Other relevant studies, reports, certifications,
and approvals as may be reasonably requested by the Town of Caledonia
to ensure compliance with this chapter and SEQRA.
(21)
Changes. Throughout the permit application review process, the
operator shall promptly notify the Town Planning Board of any changes
to the information contained in the permit application. Changes that
do not materially alter the initial site plan may be administratively
accepted.
B.
Solar energy system application review escrow account, application
fee, and reimbursement for Town oversight expenses.
(1)
The operator shall pay to the Town of Caledonia a nonrefundable application
fee. The nonrefundable permit application fee shall be set annually
by the Town Board.
(2)
The Town Planning Board shall require an escrow account agreement
for the costs to the Town to obtain engineering, environmental impact,
legal, or other professional services to aid it in the review of any
submitted solar energy system application, including the review required
by SEQRA. These costs are reimbursable only from the escrow account,
not the application fee.
(3)
Escrow account set up; initial deposit; application determination.
(a)
The escrow account will be set up by the Town Clerk at the time
of the solar energy system permit application. This escrow account
will be a solely in the name of the Town of Caledonia and be managed
by the Town of Caledonia (or designee appointed by the Town).
(b)
The operator will make an initial escrow deposit to the Town
Clerk in an amount determined by the Code Enforcement Officer in consultation
with the Caledonia Town Planning Board, Town Engineer, and Town Attorney.
A solar energy system permit application will not be processed until
the escrow deposit has been made. A solar energy system permit application
determination will not be made until all costs incurred to date have
been reimbursed by the operator.
(c)
Any escrow account interest shall stay with the account and
be considered new principal.
(4)
If the solar energy system application is denied, all remaining escrow
account funds will be returned to the operator, less related expenses
incurred by the Town of Caledonia. The money will be returned, along
with a statement as to these costs, within 30 days of the application
being formally denied, or receipt of a letter of withdrawal. Permit
fees are nonrefundable.
(5)
The operator shall reimburse the Town of Caledonia for all oversight
expenses (the "oversight expenses") incurred by the Town relating
to the solar energy system, from application through decommissioning.
These oversight expenses include (but are not limited to) amounts
required for building permits, licensing, relicensing, decommissioning,
inspections, administration, engineering, required expert health and
wildlife evaluations, handling complaints, and legal costs. "Legal
costs" include reasonable attorney fees for the Town of Caledonia
if the Town of Caledonia in the event that an action is commenced
by the Town to enforce provisions of this chapter for the solar energy
system.
(6)
An escrow account will be funded for the reimbursement of these oversight
expenses for the life of the solar energy system by the operator.
The operator will replenish any escrow funds used by the Town of Caledonia
within 30 calendar days of being sent written notification (and explanation)
of said withdrawals. Failure to maintain the escrow account at a minimum
balance, equal to one year of anticipated oversight expenses as estimated
by the Town of Caledonia Planning Board, Town Engineer, and Town Attorney,
within 30 days of being given notice shall be cause for revocation
of the solar energy system permit(s) issued by the Town.
(7)
Once the operator believes that they have satisfactorily complied
with the decommissioning conditions specified in this chapter, they
will send the Town of Caledonia written notification. The Town of
Caledonia then has 90 days to verify to their satisfaction that all
decommissioning conditions have been complied with. If there is material
noncompliance, the Town of Caledonia will so notify the operator.
Upon confirmation by the Town that the requirements of the decommissioning
plan have been met, the Town will return all escrow account funds
to the operator, less related expenses incurred by the Town of Caledonia,
along with an explanatory statement.
C.
Site plan approval design standards. In addition to site plan requirements under Article XI of the Town Zoning Law, prior to issuance of final site plan approval from the Planning Board for a solar energy system, the following requirements shall be met:
(1)
Setbacks.
(a)
Except as otherwise approved by the Planning Board pursuant to this Subsection C(1), all solar energy systems shall comply with the following setback requirements. Such minimum setbacks for a solar energy system shall be measured from the fencing surrounding the solar energy system that is nearest to the relevant property line, building or highway rights-of-way. Landscape buffers for screening may be placed in the setback area.
[1]
A minimum side and rear setback of 750 feet from a nonparticipating
residence or commercial building as measured from the side and rear
walls of the building.
[2]
Two hundred fifty feet from the property lines of a nonparticipating
property containing a nonparticipating residence.
[3]
One hundred fifty feet from the property lines of a nonparticipating
property that does not contain a nonparticipating residence.
[4]
Two hundred feet from the right-of-way line of a Town road.
[5]
Two hundred fifty feet from the right-of-way line of a county
road.
[6]
Two hundred fifty feet from the right-of-way line of a state
road or highway.
(b)
The Planning Board may approve a lesser setback from the requirements of Subsection C(1)(a)[1], [2], [3], and [4] if the operator demonstrates, in consideration of such factors as the subject property's natural characteristics and proposed mitigation including, but not limited to, topography, existing and proposed vegetative buffers, the proximity to the nonparticipating residence, seasonality of the Town road, and the presence of participating properties on adjoining parcels separated by a Town road, that:
[1]
There will be no visual impact from the Town road, or the adjacent
nonparticipating residence from the solar energy system.
[2]
There will be no adverse impact on the Town road or on the adjacent
nonparticipating residence from the construction, maintenance, and
operation of the solar energy system.
(2)
The height of the solar-related equipment shall not exceed 17 feet.
Height is measured from the lowest adjacent grade to the highest point
of the structure, including any attachments (such as a lightning-protection
device).
(3)
The screening and landscaping plan should demonstrate that the landscaped
buffer will provide year-round screening so that to the maximum extent
practicable the solar energy equipment is not visible from roadways
and adjacent nonparticipating properties. The vegetation plantings
shall be planted within 25 feet of the fencing surrounding the perimeter
of the solar energy system. In lieu of plantings, berms or existing
vegetation may be used to satisfy all or a portion of the required
landscaped screening. If the buffer utilizes vegetative planting,
the plantings shall consist of noninvasive evergreen trees or bushes,
the deer and weather resistant plant species presented in Appendix
A, or other noninvasive species as otherwise recommended by the landscape
architect, planted no more than eight feet apart and at least four
feet tall at time of planting. The buffer shall obtain a height of
at least 10 feet within five growing seasons. Invasive species that
shall not be planted as part of the landscape buffer, include, but
are not limited to, winter creeper, garden loosestrife, Chinese silver
grass, yellow flag iris, bamboo, Norway maple, Japanese barberry,
sweet autumn clematis, burning bush and siebold's viburnam, or
other invasive species as identified by the NYSDEC or the NY Invasive
Species Clearinghouse at Cornell University. The vegetation management
plan shall ensure that any landscaping and trees that die off will
be replaced by the following growing season with the approved plantings
from the screening and landscape plan.
(4)
Power collection. All on-site utility, distribution, and transmission
lines are, to the extent feasible, to be placed underground.
(5)
Agricultural resources. Any solar energy systems located on parcels
containing designated farmland shall be located on no more than 50%
of the designated farmland present on the parcel. If contiguous participating
properties containing solar energy systems are present, the collective
parcels may be treated as one parcel for the purposes of the designated
farmland location requirement of this subsection.
(6)
All solar energy systems shall be required to comply with an approved
agricultural integration plan or otherwise seed a minimum of 75% of
the total surface area of all solar panels on the parcel with native
perennial vegetation designed to attract pollinators.
(7)
To the maximum extent practicable, solar energy systems located on
designated farmland shall be constructed in accordance with the construction
requirements of the New York State Agriculture and Markets Solar Energy
Project Guidance.
(8)
Architectural compatibility. All appurtenant structures, including,
but not limited to, equipment shelters, storage facilities, transformers
and substations, shall be architecturally compatible with each other
and shall be screened from the view of persons not on the parcel.
(9)
Fencing. All solar energy systems shall be enclosed by a minimum
of seven-foot fence, or of a height as otherwise required by the National
Electric Code, consisting of a high green or black-powder-coated fence
with top rail system or of American Wire woven four inches by six
inches fencing with a self-locking gate to prevent unauthorized access.
Warning signs with the operator's and owner's contact information
shall be placed on the entrance and perimeter of the property and
of the solar energy system at locations acceptable to the Planning
Board.
(10)
Glare. All solar energy production systems are designed and
located in order to prevent reflective glare toward any inhabited
buildings on adjacent properties, roads or from impacting aircraft
flight path as provided in Federal Aviation Administration guidance.
(11)
Lighting of solar energy systems shall be consistent with state
and federal law. Lighting of appurtenant structures shall be limited
to that required for safety and operational purposes and shall be
reasonably shielded from abutting properties. Where feasible, lighting
of the solar photovoltaic installation shall be directed downward
and shall incorporate full cutoff fixtures to reduce light pollution.
(12)
Parking. There shall be two parking spaces or the number of
parking spaces needed to accommodate the maximum number of anticipated
maintenance personnel to be present at the solar energy system at
one time, whichever is greater, to be used in connection with the
maintenance of the solar energy system. Such parking spaces shall
not be used for the permanent storage of vehicles.
(13)
Noise levels from the solar energy system will comply with the
noise limits for solar energy facilities contained in the New York
Office of Renewable Energy Siting regulations at 19 NYCRR 900-6.5(b)
by implementing the design required by 19 NYCRR 900-2.8 except that
the standards applicable to existing nonparticipating residences shall
also be met for existing participating residences.
(14)
The installation of a clearly visible warning sign concerning
voltage must be placed at the base of all pad-mounted transformers
and substations. The solar energy system will not contain any signs
or other advertising. This does not include any identification plaques
that may be required by the electric utility, fire department or emergency
response or other governmental agency.
(15)
Surface area. The total surface area of all solar energy equipment
shall not exceed 80% of the total parcel area.
D.
Standards for Town Board's solar energy system special use permit application decision. In addition to the site plan approval standards of Article XI of the Town Zoning Code, approval of the special use permit application requires that the Town Board find:
(1)
That the proposed solar energy system protects adjacent land uses
and will not adversely affect the existing character of the neighborhood
in which the solar energy system would be located.
(2)
The proposed solar energy system is in harmony with local laws of
the Town and complies with the design standards and other requirements
of this chapter and Applicable safety and safety-related codes and
requirements.
(3)
The operation of the solar energy system would not create significant
adverse impacts to human health and the environment.
E.
The solar energy system approval shall include appropriate conditions
to mitigate adverse impacts of the solar energy system, including,
but not limited to:
(1)
Compliance with the approved landscaping plan, vegetation management
plan, and operations and maintenance plan.
(2)
Prior to the issuance of a building permit, the operator shall provide
a copy of all necessary titles to or leasehold interests in the facility,
including ingress and egress access to public streets, and such deeds,
easements, leases, licenses, or other real property rights or privileges
as are necessary for all interconnections for the facility.
(3)
Initial and annual site specific training for the Code Enforcement
Officer, fire department, emergency response, Livingston County emergency
management system, and police department, with expenses for such training
covered by the operator.
(4)
The decommissioning plan shall run to the benefit of the Town of
Caledonia and be executed by the operator as well as the owners and
such signatures shall be notarized in a format that allows the plan
to be recorded at the Office of the Livingston County Clerk. This
document shall be recorded as an irrevocable deed restriction indexed
against the property upon which the solar energy system is to be constructed.
(5)
Solar energy system construction-related damage. The operator of
any permitted solar energy system shall, repair or replace all real
or personal property, public or private, damaged as a result of the
solar energy system construction.
(6)
Major solar energy systems shall be considered major projects pursuant to § 124-6 of the Town Code and shall be required to obtain a road use permit and enter into a road maintenance agreement acceptable to the Highway Superintendent pursuant to Article III of Chapter 124 of the Town Code. Prior to the commencement of construction of the solar energy system, an existing condition survey of the approved hauling routes for construction of the solar energy system. Any road damage during construction that is caused by the operator or one or more of its subcontractors that is identified by the New York State Department of Transportation ("NYSDOT"), Livingston County Highway, and Town of Caledonia Highway (as appropriate) shall be repaired or reconstructed to the satisfaction of NYSDOT, Livingston County Highway, and Town of Caledonia Highway (as appropriate) at the operator's expense, prior to the final inspection. In addition, the operator shall pay for all costs related to NYSDOT, Livingston County Highway, and Town of Caledonia Highway (as appropriate) pre-inspection work prior to receipt of the final inspection.
(7)
Site access shall be maintained to a level acceptable to the local
fire department and emergency medical services. All means of shutting
down the solar energy system shall be clearly marked.
(8)
The operator shall be responsible for the cost of maintaining the
solar energy system and any access road(s), unless accepted as a public
way.
(9)
The operator shall identify a responsible person with contact information
for public inquiries from the commencement of construction of the
solar energy system until the completion of the decommissioning plan.
(10)
The operator is responsible to provide the Town of Caledonia
with a current written list of all chemicals used for maintenance
and operation of the solar energy system (e.g., pesticides, herbicides,
cleaners). This list shall include quantity and frequency of application
of each of these chemicals. The operator shall be liable for a civil
penalty of not more than $500 for each day or part thereof during
which violation of the requirements of this subsection continues.
The civil penalties provided by this subsection shall be recoverable
in an action instituted in the name of the Town of Caledonia.
(11)
The operator shall secure and maintain public liability insurance
from the commencement of construction of the solar energy system until
the completion of the decommissioning plan, as follows:
(a)
Commercial general liability covering personal injuries, death
and property damage: $1,000,000 per occurrence ($2,000,000 aggregate),
which shall specifically include the Town of Caledonia and its officers,
employees, board members, attorneys, agents and consultants as additional
named insured.
(b)
Umbrella coverage: $5,000,000.
(c)
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."
(d)
The insurance policies shall contain an endorsement obligating
the insurance company to furnish the Town of Caledonia with at least
30 days' prior written notice in advance of cancellation.
(e)
Renewal or replacement policies shall be delivered to the Town
of Caledonia at least 15 days before the expiration of the insurance
that such policies are to renew or replace.
(f)
No more than 15 days after the grant of the permit and before
construction is initiated, the permit holder shall deliver to the
Town of Caledonia a copy of each of the policies or certificates representing
the insurance in the required amounts.
(g)
A certificate of insurance that states that it is for informational
purposes only and does not confer sufficient rights upon the Town
of Caledonia shall not be deemed to comply with this chapter.
A.
The operator shall place with the Town of Caledonia an acceptable
letter of credit, performance bond, or other form of security reasonably
acceptable to the Town attorney and engineer, that is sufficient to
cover the cost of implementing the decommissioning plan. The amount
of the letter of credit or other security shall be in the amount of
150% of the estimated cost of implementing the approved decommissioning
plan. The estimated cost of implementing the decommissioning plan
will be certified by a licensed professional engineer and reviewed
by the Town Engineer. The salvage value of the solar energy equipment
shall not be accounted for in the estimated cost of implementing the
decommissioning plan. The financial security shall be updated every
fifth-year thereafter specifying changes to the estimated cost of
implementing the decommissioning plan.
B.
The Town of Caledonia shall use this surety to assure the faithful
performance of the decommissioning plan. The full amount of the bond
or security shall remain in full force and effect until the decommissioning
plan has been fully implemented.
C.
The surety for implementing the decommissioning plan shall not be
released until the Town Engineer has confirmed that the approved decommissioning
plan has been fully implemented and is satisfied that any road damage
identified during and after decommissioning that is caused by the
operator and/or one or more of its contractors or subcontractors has
been repaired or reconstructed to the satisfaction of the NYSDOT,
Livingston County Highway and/or Town of Caledonia Highway Department
at the operator's expense. In addition, the operator shall pay
for all costs related to work of the NYSDOT, Livingston County Highway,
and Town of Caledonia Highway (as appropriate) inspection prior to
receipt of the release of the surety.
A.
Permit time frame. The special use permit and site plan approval
for a solar energy system shall be valid for a period of 24 months,
provided that a building permit is issued for construction and construction
is 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 24 months after approval, the
Town may extend the time to complete construction for up to two consecutive
extensions each of 12 months. If the owner and/or operator fails to
perform substantial construction after 48 months, the approvals shall
expire. If the owner or operator fails to perform, the Town may notify
the owner or operator to implement the decommissioning plan. In such
instance, the decommissioning plan must be completed within 150 days
of notification by the Town.
B.
Upon notification by the operator, made to the Code Enforcement Officer
by certified mail, of the proposed date of discontinued operation
of the solar energy system, or by cessation of activity of a constructed
facility for a period of one year, the Town may notify the operator
that the operator must implement the decommissioning plan within 150
days.
C.
If the owner or operator of the facility fails to fully implement
the decommissioning plan within the required time frame, the Town
may, at its discretion, implement the decommissioning plan and may
recover all of the expenses incurred for such activities from the
defaulted owner or operator, or, at the Town's sole discretion,
from any financial security made with the Town as set forth herein.
The operator and the owner of the real property on which the solar
energy system is located shall be jointly and separately liable for
all costs and expenses of the Town incurred during and relating to
the removal of the solar energy system pursuant to the decommissioning
plan. Notwithstanding the foregoing, the Town shall first attempt
to secure payment for such costs and expenses from the security made
with the Town as set forth herein. In the event the costs incurred
by the Town to implement the decommissioning plan are not obtained
from the security, the Town shall next attempt to secure payment for
such costs and expenses from the operator; however, in the event the
Town is not made whole following reasonable attempts to collect such
costs and expenses from the operator of the installation, the Town
reserves all rights to pursue payment for such costs and expenses
from the owner of the real property on which the installation in question
is located. Such costs shall be assessed against the property, shall
become a lien and tax upon the property, and shall be enforced and
collected with interest by the same officer and in the same manner
as other taxes. Legal counsel of the Town shall institute appropriate
action for the recovery of such cost, plus attorney's fees, including,
but not limited to filing of municipal claims pursuant to the cost
of such work, 9% interest per annum, plus a penalty of 9% of the amount
due plus attorney's fees and costs incurred by the Town for the
removal work and filing the claim.
D.
With the consent of the owner, the Code Enforcement Officer along
with the Town Engineer and the Planning Board may allow the operator
to implement the decommissioning plan while allowing the landscaping
to remain.
A.
If a building-mounted solar energy system is to be installed on any
building or structure that is nonconforming because its height violates
the height restrictions of the zoning district in which it is located,
the building-mounted system shall be permitted, so long as the building-mounted
system does not extend above the peak or highest point of the roof
to which it is mounted and so long as it complies with the other provisions
of this law.
B.
If a building-mounted solar energy system is to be installed on a
building or structure on a nonconforming property that does not meet
the minimum setbacks required and/or exceeds the lot coverage limits
for the zoning district in which it is located, a building-mounted
system shall be permitted, so long as there is no expansion of any
setback or lot coverage nonconformity and so long as it complies with
the other provisions of this law.
If the operator changes, the special use permit and/or site
plan approval shall remain in effect, provided that the successor
operator assumes in writing all of the obligations of the special
use permit, site plan approval, and decommissioning plan. The new
operator shall notify the Code Enforcement Officer of such change
within 30 days of the change. The new operator must provide such notification
to the Code Enforcement Officer in writing. The special use permit
and all other local approvals for the solar energy system shall become
void if a new operator fails to provide written notification to the
Code Enforcement Officer in the required time frame. Reinstatement
of a void special use permit will be subject to the same review and
approval processes for new applications under this chapter.
A.
Where the solar energy system is not designed, installed, and operated
so that the anticipated annual total amounts of electrical energy
generated do not exceed the anticipated annual total electricity consumed
on the property by more than 110%, the operator shall be required
to enter into an agreement for a payment in lieu of taxes (PILOT)
with the Town pursuant to Real Property Tax Law § 487. This
PILOT agreement shall be drafted by the Town Attorney in consultation
with the Town Assessor, Town Supervisor, and the Livingston County
Industrial Development Agency (IDA). A PILOT agreement executed with
the Livingston County IDA, acceptable to the Town, in its sole discretion,
for the solar energy system may serve to meet the requirements of
this subsection.
B.
No building permit shall be issued or construction commenced for
a solar energy system requiring a PILOT until such time as the PILOT
agreement has been executed by all parties and recorded at the Office
of the Livingston County Clerk.
C.
The PILOT shall run to the benefit of the Town of Caledonia and be
executed by the operator and the owners of the real property upon
which the solar energy system is to be located and such signatures
be notarized in such a way that allows the PILOT agreement to be recorded
at the Office of the Livingston County Clerk. Prior to commencement
of construction, the PILOT agreement shall be recorded at the Office
of the Livingston County Clerk as a lien on the property and indexed
against the property/properties upon which the solar energy system
is to be constructed. The intent of the above provisions is so that
should the operator of the solar energy system default with regard
to such PILOT agreement, that such obligation will become the responsibility
of the then owner of the property upon which the solar energy system
is sited and that failure to satisfy the terms of such agreement will
permit the Town of Caledonia to enforce such agreement as against
the owner.
D.
Community host agreement. Prior to issuance of a building permit
for the solar energy system, the operator for which a solar energy
system with a nameplate capacity of over 1MW is to be developed shall
enter into a community host agreement with the Town for payment by
the operator to the Town of an agreed upon monetary amount or provision
of a specified public improvement or improvements that shall act to
offset the potential adverse impacts that may be associated with a
solar energy system.
