[HISTORY: Adopted by the Town Board of the Town of Chenango
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-18-2023 by L.L. No. 6-2023[1]]
[1]
Editor's Note: This local law also repealed former Art. I,
Solar Energy Facilities, adopted 10-3-2016 by L.L. No. 2-2016, as amended.
This article shall be referred to as "Renewable Energy Systems."
This article is adopted pursuant to § 20 of the Municipal
Home Rule Law of the State of New York, which authorizes the Town
of Chenango 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 article of the Town of Chenango Code is adopted to advance
and protect the public health, safety, and welfare of the Town of
Chenango by creating regulations for the installation and use of solar
energy generating systems and equipment with the following objectives:
A.
Taking advantage of a safe, abundant, renewable, and nonpolluting
energy resource;
B.
Reducing the consumption of energy by the owners of commercial and
residential properties, including single-family homes;
C.
Increasing employment and business development in the region by furthering
the installation of solar energy systems; and
D.
Fulfilling the New York State Clean Energy mandate.
For the purposes of this article, and where not inconsistent
with the context of a particular section, the defined terms, phrases,
words, abbreviations and their derivations shall have the meanings
given in this article. When not inconsistent with the context, words
in the present tense include the future tense, and words used in the
plural number include words in the singular number. The word "shall"
is always mandatory and not merely directory. The words and definitions
in this article shall not be applicable to other chapters of the Code.
A building or structure the use of which is customarily incidental
and subordinate to that of a principal building and located on the
same lot therewith.
Any person, firm or corporation submitting an application
to the Town of Chenango for a site plan review for a solar energy
production facility.
Any structure covered by a roof supported by columns or by
walls and intended for shelter, housing or enclosure of persons, animals
or chattel.
A combination of photovoltaic building components integrated
into any building envelope system, such as vertical facades, including
glass and other facade material, semitransparent skylight systems,
roofing materials, and shading over windows.
A certificate stating that materials and products meet specified
standards or that work was done in compliance with approved construction
documents.
A solar energy system that primarily produces energy that
is fed directly into the grid primarily for off-site sale or consumption,
or any solar energy system with a nameplate generating capacity of
200 kilowatts or more. Commercial solar energy systems include building-integrated,
roof-mounted and ground-mounted solar energy systems that meet or
exceed the above-stated nameplate generating capacity.
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 statewide importance for the production
of food, feed, fiber, forage, and oilseed crops as determined by the
appropriate state agency or agencies. Farmland of statewide importance
may include tracts of land that have been designated for agriculture
by state law.
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 and
attached to a pole or other mounting system, detached from any other
structure for the primary purpose of producing electricity.
The Town of Chenango Zoning Code (January 1978),[1] as has been and will be amended from time to time.
A billing arrangement whereby the solar energy producer receives
credit for excess electricity generated and delivered to the power
grid, paying only for the power used.
A solar energy system with a nameplate generating capacity
of less than 200 kilowatts that is incidental and subordinate to another
use on the same parcel and which primarily produces energy for on-site
consumption. Noncommercial solar energy systems include building-integrated,
roof-mounted and ground-mounted solar energy systems that do not meet
or exceed the above-stated nameplate generating capacity.
A parcel of land not subject to any type of agreement with
the applicant.
A parcel of land subject to a lease, good neighbor agreement
or other contract with the applicant, in which the property owner
receives consideration in exchange for authorizing or consenting to
solar energy system development by the applicant on or in the vicinity
of the parcel.
A solar energy production system that produces electricity
by the use of semiconductor devices, i.e., photovoltaic cells that
generate electricity when light strikes them.
Land, designated as "prime farmland" 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 panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
on-site or off-site consumption.
An accessory facility or structure serving or being used
in conjunction with a solar energy system and located on the same
property or lot as a solar energy system, including, but not limited
to, utility or transmission equipment, storage sheds or cabinets.
A photovoltaic cell, panel or array capable of collecting
and converting solar energy into electricity.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduits of photovoltaic devices
associated with the production of electrical energy.
All components and subsystems required to convert solar energy
into electric energy suitable for use. This term includes, but is
not limited to, solar panels and solar energy equipment. The area
of a solar energy system includes all the land and/or structures inside
the perimeter of the solar energy system, which extends to any interconnection
equipment.
Anything constructed or erected the use of which requires
location on the ground or attachment to something having location
on the ground.
The Planning Board of the Town of Chenango, New York.
The requirements of this article shall apply to all solar energy
systems installed or modified after its effective date, excluding
general maintenance and repair and building-integrated photovoltaic
systems.
A.
Noncommercial solar energy systems may be permitted as a customary accessory use in all zoning districts, subject to the Town Code of the Town of Chenango and Uniform Code requirements applicable to accessory uses, to the extent not inconsistent with this § 67-6, and subject to the following:
(1)
A noncommercial solar energy system as an accessory use shall be
limited to one or more roof-, wall- and/or ground-mounted solar collector
devices and solar-related equipment.
(3)
Roof-mounted noncommercial solar energy systems: Such systems mounted
on a roof shall not exceed the maximum height restrictions of the
zoning district within which they are located. Panels facing the front
yard must be mounted at an angle that is no greater than 20° greater
than the angle of the roof's surface with a maximum distance
of 24 inches between the roof and the highest edge of the system.
(4)
Ground-mounted noncommercial solar energy systems: Such systems mounted
on the ground shall adhere to the height and setback requirements
of the underlying zoning district. Systems are limited to 20% lot
coverage. All such systems installed in residential districts shall
be installed in the side or rear yards.
B.
Installations shall be compliant with all New York State requirements,
including, but not limited to, those set forth in the Uniform Fire
Prevention and Building Code and the State Energy Conservation Construction
Code.
Commercial solar energy systems are permitted as a primary use
in the Agricultural Zoning District by special use permit issued by
the Planning Board. Such systems shall require site plan approval
prior to the granting of a special use permit, and shall be subject
to the following restrictions and requirements:
A.
Commercial ground-mounted solar energy systems are not permitted
as an accessory use. Roof-mounted and building-integrated commercial
solar energy systems may be permitted as an accessory use.
B.
Commercial ground-mounted solar energy systems must be located on
sites with at least five acres open for development. Other types of
commercial solar energy systems shall comply with applicable lot size
requirements as set forth in the Town Code of the Town of Chenango.
C.
The height of the solar collectors and any mounts within a commercial
ground-mounted solar energy system shall not exceed 20 feet from finished
grade when oriented at maximum tilt. Other types of commercial solar
energy systems shall comply with applicable maximum height requirements
as set forth in the Town Code of the Town of Chenango.
D.
Solar energy equipment shall be located in a manner to i) minimize
visual impacts and view blockage for surrounding properties, and ii)
shading of property to the north, while still providing adequate solar
access for collectors.
E.
Solar collectors shall be installed so as to minimize glare onto
neighboring properties and roadways. All solar collectors shall be
treated with antireflective coating(s).
F.
No solar collector shall be closer than 100 feet from any nonparticipating
residential property line.
G.
No solar collector shall be closer than 250 feet from nonparticipating,
habitable residential structures.
H.
No solar collector shall be closer than 50 feet from nonparticipating,
nonresidential property lines.
I.
No solar collector shall be closer than 50 feet from the boundary
line of any public street or roadway.
J.
No solar collector shall be erected ahead of the front line of any
existing building.
K.
All commercial ground-mounted solar energy systems and associated
solar accessory structures/facilities shall be completely enclosed
by a minimum eight-foot-high anchored mini-mesh chain-link fence with
two-foot tip out and a self-locking gate. Said fence shall contain
five-inch-high by sixteen-inch-wide grade-level cutouts every 75 feet
to permit small animals to move freely into and out of the site.
L.
All commercial ground-mounted solar energy systems must additionally
include a visual buffer between the system, public roads and nonparticipating
properties. The buffer shall consist of appropriate plantings with
a mixture of evergreen and deciduous trees and shrubs a height so
as to provide a visual screen of the ground-mounted system. The species,
type, location and planted height of such landscaping and fencing
shall be subject to the approval of the Planning Board.
M.
All proposed commercial solar energy systems shall demonstrate that
the facility will be sited so as to have the least adverse visual
effect on the environment and its character, on existing vegetation,
and on any nearby residential dwellings. Any glare produced by the
solar array shall not impair or render unsafe the use of contiguous
structures, any vehicles in the vicinity, any airplanes, etc.
N.
Lot coverage requirements. Commercial solar energy systems shall
adhere to the maximum lot coverage requirement for principal uses
within the zoning district in which they are located.
O.
Siting considerations. No commercial ground-mounted solar energy
system shall be installed in a floodplain, aquifer or other environmentally
sensitive area without the following:
(1)
Approval of an engineering plan;
(2)
Approval and acceptance of documentation showing proper installation
including a maximum tilt with the entire panel(s) at least two feet
above the flood elevation;
(3)
Approval and acceptance of plans for utility connections;
(4)
Approval and acceptance of safety measures.
P.
If property is subdivided to accommodate commercial ground-mounted
solar energy systems as a primary use, the property containing the
commercial ground-mounted solar energy system must have road frontage
in compliance with the Town Code of the Town of Chenango.
Q.
All utilities serving the site of a commercial solar energy system
shall be installed underground and in compliance with all laws, rules
and regulations of the Town, including specifically, but not limited
to, the National Electrical Safety Code and the National Electrical
Code, where appropriate. If the applicant seeks to install aboveground
utilities or transmission lines, the applicant must provide sufficient
proof of infeasibility of underground installation. The Planning Board
may waive or vary the requirements of underground installation of
utilities whenever, in the opinion of the Planning Board, the applicant's
proof establishes that such variance or waiver shall not be detrimental
to the health, safety, general welfare and environment, including
the visual and scenic characteristics of the area.
R.
At a commercial ground-mounted solar energy systems site, at least
one access road and adequate parking shall be provided to assure adequate
emergency and service access. Maximum use of existing roads, whether
public or private, shall be made to the extent practicable. Road construction
shall at all times minimize ground disturbance and vegetation cutting.
Road grades shall closely follow natural contours to assure minimal
visual disturbance and reduce soil erosion. This subsection shall
apply to other types of commercial solar energy systems if, at the
discretion of the Planning Board, the circumstances of the project
so dictate.
S.
Fire access roads and access for fire apparatus equipment shall be
provided, as approved by the chief of the responsible fire company
and the Planning Board. Any gates to the site shall be equipped with
Knox Company locks to allow fire department access.
T.
Commercial ground-mounted solar energy system owners shall develop,
implement, and maintain native perennial 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 landowners and/or solar energy system owners shall use native
plant species and seed mixes.
U.
Applications for the installation of a commercial solar energy system
shall be reviewed by Code Enforcement and referred, with comments,
to the Planning Board for its review and action, which can include
approval, approval with conditions, or denial. Refer to the schedule
of zoning regulations for area and zoning restrictions.
A.
Any commercial ground-mounted solar energy system located on areas
that consist of prime farmland and/or farmland of statewide importance
shall not exceed 50% of the area of prime farmland and/or farmland
of statewide importance on the parcel.
B.
Commercial solar energy systems located on prime farmland and/or
farmland of statewide importance shall be constructed in accordance
with the construction requirements of the New York State Department
of Agriculture and Markets.
A.
The Planning Board is hereby designated and authorized to review,
analyze, evaluate and make decisions with respect to all special use
permit applications for commercial solar energy systems. In so doing,
the Board may approve, approve with conditions, disapprove, recertify,
not recertify or revoke any such special use permit. The Planning
Board may, at its discretion, delegate or designate other officials
of the Town to accept, review, analyze, evaluate and make recommendations
to the Planning Board with respect to granting or not granting, recertifying
or not recertifying, or revoking site plan and/or special use permit
approval of commercial solar energy production facilities.
B.
No commercial solar energy system shall be installed or constructed
until the site plan is reviewed and approved by the Planning Board
and a special use permit has been issued.
C.
A preapplication meeting is required with the applicant, Town Engineer
and Code Enforcement Officer prior to submitting a formal special
use permit application.
D.
Incomplete applications not meeting the requirements stated herein,
or which are otherwise incomplete, may be rejected by the Planning
Board.
E.
The special use permit application shall be signed on behalf of the
applicant by the person preparing the same and with knowledge of the
contents and representations made therein and attesting to the truth
and completeness of the information. If the landowner(s) of the project
location is not the applicant, the applicant shall additionally provide
one of the following:
F.
The special use permit application shall include a statement in writing:
(1)
That the applicant's proposed commercial solar energy system
shall be maintained in a safe manner and in compliance with all conditions
of the site plan approval, without exception, unless specifically
granted relief by the Planning Board, in writing, as well as all applicable
and permissible local codes, laws, ordinances and regulations, including
any and all applicable county, state and federal laws, rules, and
regulations.
(2)
That the construction of the proposed commercial solar energy system
is legally permissible, including but not limited to the fact that
the applicant is authorized to do business in New York State.
G.
At the discretion of the Board, any false or misleading statement
in the application may subject the applicant to denial of the application
without further consideration or opportunity for correction.
H.
Upon a majority vote thereof, the Planning Board may hold a public
hearing on the special use permit application if one is not otherwise
required.
All special use permit applications for proposed commercial
solar energy systems shall show and include a site plan with maps,
drawings and any/all necessary supplemental reports and documentation
that show and include the following:
A.
Names, mailing addresses, email addresses and telephone numbers of:
(1)
The applicant and, if the application is made on behalf of a business
entity, the entity's authorized agent(s) responsible for the
application; and, if different from the applicant;
(2)
The owner(s) of the proposed project site;
(3)
The developer of the proposed project;
(4)
The operator of the proposed project;
B.
Name of the project, Tax Map parcel numbers and boundary lines of
parcel(s) on which the project will be located, zoning district(s)
in which the said parcels are situated, a location map showing the
proposed site's location, North arrow, and scale of the plan.
C.
Application fee of $75 (nonrefundable).
D.
Stamped drawings to scale signed by a New York State licensed professional
engineer or registered architect showing:
(1)
The layout of the proposed solar energy system.
(2)
A survey of the property or properties.
(3)
The location of all lot lines, easements and rights-of-way.
(4)
The location of all current and proposed utility connections, transmission
lines and solar accessory facilities/structures.
(5)
Existing and proposed topography and five-foot contour intervals.
(6)
Location of all proposed landscaping and screening per the landscaping and screening plan required by Subsection F of this section.
(7)
Proposed road and emergency access to the project site, including
provisions for paving, if any.
E.
A map or maps showing:
(1)
Location and distance of the solar energy system and associated solar
accessory facilities/structures to the nearest nonparticipating residential
property line.
(2)
Location and distance of the solar energy system and associated solar
accessory facilities/structures to the nearest nonparticipating, occupied
residential structure.
(3)
Location and distance of the solar energy system and associated solar
accessory facilities/structures to the nearest nonparticipating, nonresidential
property line.
(4)
Location of the nearest habitable structure.
(5)
Location, size and height of all existing structures on the property
or properties that are the subject of the application.
(6)
Location, size, and height of all proposed solar collection and accessory
structures.
(7)
The names, addresses and Tax Map parcel numbers of all owners of record of abutting parcels and those within 1,500 feet of the property lines of the parcel(s) where development is proposed. Each such owner shall be designated as "participating" or "nonparticipating" as those terms are defined in this article 67, Article I, of the Town Code of the Town of Chenango.
F.
A landscaping and screening plan showing:
(1)
All existing natural land features, trees, forest cover and all proposed
changes to these features, including size and type of plant material
and erosion control measures.
(2)
Appropriate fencing around the entirety of a ground-mounted solar energy system in accordance with the requirements of § 67-7, above. The fencing shall have self-locking gates, and shall bear warning signs with the owner's name and emergency contact information on any access point to the system and perimeter of the fencing. The fencing and the system shall be further screened by any landscaping needed to avoid adverse aesthetic impacts.
G.
A report or series of reports containing the information hereinafter
set forth. Where this section calls for certification, such certification
shall be by a qualified New York State licensed professional engineer
and/or architect acceptable to the Town, unless otherwise noted.
(1)
The proposed solar energy production capacity design level proposed
for the facility and the basis for the calculations of the solar energy
system's capacity.
(2)
The make, model and manufacturer of the solar production component
parts and schematic drawings of same.
(3)
A description of the proposed commercial solar energy system and
all related fixtures, structures, appurtenances and apparatus, including
height above preexisting grade, materials, color and lighting.
(4)
The applicant's proposed commercial solar energy system maintenance/inspection
procedures and related system of records. This report shall further
include a list of contacts for the property, notification procedures
for the transfer of ownership and plans for continuing photovoltaic
maintenance and property upkeep, such as mowing and trimming.
(5)
Certification from all relevant county, state and/or federal authorities
that the proposed commercial solar energy system will not cause interference
with air traffic.
(6)
Certification that a topographic and geomorphologic study/analysis
has been conducted, taking into account subsurface features and a
proposed drainage plan pursuant to a stormwater pollution prevention
plan (SWPPP), such that the proposed site is deemed adequate to assure
the stability of the proposed commercial ground-mounted solar energy
system.
(7)
Plans to prevent the erosion of soil both during and after construction,
excessive runoff, and flooding of other properties, as applicable.
There should be preconstruction and post-construction drainage calculations
for the site completed by a licensed engineer. From this the engineer
must show how there will be no increase in runoff from the site. A
SWPPP will be required if disturbance of the land exceeds one acre.
(8)
A decommissioning plan completed in conformance with § 67-17 of the Town Code of the Town of Chenango.
(9)
The applicant shall furnish a visual impact assessment, in a manner
approved by the Planning Board, to demonstrate and provide, in writing
and/or by drawing, how it shall effectively screen from view the proposed
commercial solar energy system and all related structures which shall,
at minimum, include:
(a)
A zone of visibility map, which shall be provided in order to
determine locations where the commercial ground-mounted solar energy
systems may be seen.
(b)
Pictorial representations of before-and-after views from key
viewpoints both inside and outside of the Town, including, but not
limited to, state highways and other major roads; airports; state
and local parks; other public lands; historic districts; preserves
and historic sites normally open to the public; and from any other
location where the site is visible to a large number of visitors,
travelers or residents. The Town Engineer and/or Code Enforcement
Officer, acting in consultation with the Town's consultants or
experts, will provide guidance concerning the appropriate key sites
at the preapplication meeting. An assessment of the visual impact
of the commercial solar energy system and accessory buildings from
abutting and adjacent properties and streets.
(10)
The applicant shall furnish a visual impacts minimization and mitigation
plan that responds to any concerns raised as a result of the visual
impact assessment. Said plan shall include proposed minimization and
mitigation alternatives based on an assessment of mitigation strategies,
including screening (landscaping), architectural design, visual offsets,
relocation or rearranging facility components, reduction of facility
component profiles, alternative technologies, facility color and design,
lighting options for work areas and safety requirements, and lighting
options for FAA aviation hazard lighting.
H.
A completed State Environmental Quality Review Act (SEQRA) full environmental
assessment form (FEAF).
I.
The Town shall refer all special use permit applications and materials
submitted in support thereof to the Broome County Planning Board as
required by New York General Municipal Law § 239-m.
J.
The Planning Board may, in its discretion, modify or waive any of
the requirements described in this section to the extent that such
conditions are inapplicable to a given application. The Planning Board
may also require that the applicant submit additional information
not listed herein that it deems necessary in order to inform and complete
its review of the applicant's special use permit application.
A.
The applicant for a special use permit for a commercial solar energy
system shall be responsible for the cost of the engineering review
by the Town Designated Engineer (TDE), as well as any additional consultants
and/or experts the Town may hire to assist in the review and evaluation
of the application and any request for recertification of a previously
issued special use permit. The Planning Board may hire any consultant
and/or expert necessary to assist the Board in reviewing and evaluating
the application and any requests for recertification.
B.
An applicant shall deposit with the Town funds sufficient to reimburse
the Town for all reasonable costs of TDE, consultant and expert evaluation
and consultation to the Board in connection with the review of any
application. The initial deposit shall be no less than $15,000. These
funds shall accompany the filing of an application, and the Town will
maintain a separate escrow account for all such funds. The Town's
consultants/experts shall bill or invoice the Town no more frequently
than monthly for their services in reviewing the application and performing
their duties. If at any time during the review process this escrow
account has a balance less than 50% of the initially deposited amount,
the applicant shall immediately, upon notification by the Town, replenish
said escrow account so that the balance of said account equals the
amount of the initial deposit. Such additional escrow funds shall
be deposited with the Town before any further action or consideration
is taken on the application. In the event that the amount held in
escrow by the Town is more than the amount of the actual billing or
invoicing at the conclusion of the review process, the difference
shall be promptly refunded to the applicant.
A.
A holder of a special use permit granted under this article 67, Article I, shall obtain, at its own expense, all permits and licenses required by applicable law, rule, regulation or code and must maintain the same, in full force and effect, for as long as required by the Town or other governmental entity or agency having jurisdiction over the applicant.
B.
A holder of a special use permit granted under this article 67, Article I, shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted solar energy production facility in strict compliance with all current applicable technical, safety and safety-related codes adopted by the Town, county, state and/or United States, including, but not limited to, the most recent editions of the New York State Uniform Fire Prevention and Building Code, National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health and land use codes. In the event of a conflict between or among any of the preceding, the more stringent shall apply.
A.
In order to verify that the applicant and any and all lessees, renters
and/or licensees of commercial solar energy systems place and construct
approved solar energy systems, including solar collectors and solar
inverters, in accordance with all applicable technical, safety, fire,
building and zoning codes, laws, ordinances and regulations and other
applicable requirements, the Town, its authorized officers, agents
and/or designees may inspect all facets of said special use permit
holders', renters', lessees' or licensees' placement,
construction, modification and maintenance of such facilities.
B.
The costs of all inspections conducted pursuant to this section shall
be borne by the applicant.
C.
Upon request of the Town, its authorized officers, agents and/or designees, the owner of the commercial solar energy system shall provide the Town Code Enforcement Office a report showing the rated capacity of the system, and the amount of electricity that was generated in the most recent twelve-month period. The report shall be submitted no later than 45 days after a written request for the same. Failure to submit a report as required herein shall be considered a violation subject to the penalties and remedies set forth in this article 67, Article I.
A.
Prior to the commencement of construction of a commercial solar energy
system, the owner/operator thereof shall secure and at all times maintain
public liability insurance for personal injuries, death and property
damage, and umbrella insurance coverage for the duration of the useful
life of the commercial solar energy system. Insurance policy amounts
shall be determined by the Board in consultation with the Town's
insurer to cover damage or injury that may result from the failure
of a commercial solar energy system or any other part(s) of the generation
or transmission facility. However, at minimum, the owner/operator
shall carry the following insurances in the following amounts:
B.
The commercial general liability insurance policy shall specifically
include the Town of Chenango as additional named insured on a noncontributory
basis.
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
a Best's rating of at least "A."
D.
The insurance policies shall contain an endorsement obligating the
insurance company to furnish the Town with at least 30 days'
prior written notice in advance of the cancellation of the insurance.
E.
Renewal or replacement policies or certificates shall be delivered
to the Town at least 15 days before the expiration of the insurance
policies currently in place.
F.
Before construction of a permitted commercial solar energy system
is initiated, but no later than 15 days after the grant of the Planning
Board approval, the special use permit holder shall deliver to the
Town a copy of each of the policies or certificates representing the
insurance in the required amounts.
A.
A violation of this article 67, Article I, is hereby declared to be an offense, punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation.
B.
Notwithstanding anything in this article 67, Article I, the owner/operator of a commercial solar energy system may not use the payment of fines, liquidated damages or other penalties to evade or avoid compliance with this section. An attempt to do so may subject the owner/operator of a commercial solar energy system to the termination and revocation of any or all previously granted certificates, permits or approvals for the commercial solar energy system pursuant to the procedures described in § 67-15B, below. The Town may also seek injunctive relief to prevent the continued violation of this section, without limiting other remedies available to the Town.
A.
If a commercial solar energy system is repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this article 67, Article I, the Code Enforcement Officer shall notify the owner/operator of the commercial solar energy system, in writing, of such violation. Such notice shall specify the nature of the violation or noncompliance and state that the violations must be corrected within 30 days of the date of the postmark of the notice, or of the date of personal service of the notice, whichever is earlier. Notwithstanding anything to the contrary in this article 67, Article I, if the violation causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the Code Enforcement Officer or his/her authorized designee may, at his/her sole discretion, order the violation remedied within 24 hours.
B.
If, within the period set forth in Subsection A above, the commercial solar energy system is not brought into compliance with the provisions of this article 67, Article I, or substantial steps are not taken in order to bring the same into compliance, the Code Enforcement Officer may revoke any or all certificates, permits or approvals issued by him/her and shall notify the owner/operator of the same within 48 hours of such action. The Code Enforcement Officer shall, in addition to the foregoing, inform the Planning Board of the owner/operator's failure to comply with Subsection A above. The Planning Board may thereafter, in its discretion, and after providing the owner/operator with notice and an opportunity to be heard, revoke any previously granted special use permit for the commercial solar energy system in question.
The special use permit authorizing construction of a commercial
solar energy system shall be valid for a period of 18 months from
the date of issuance, conditional upon the subsequent issuance of
building permit authorizing the commencement of construction. In the
event construction is not completed in accordance with the approved
site plan within 18 months after special use permit approval, the
applicant may apply to the Planning Board to extend the time to complete
construction for 180 days, which extension shall not be unreasonably
withheld or delayed. If the owner and/or operator fails to perform
substantial construction after 24 months, all previously granted approvals
shall expire.
A.
The decommissioning plan required by this § 67-17 shall include, at minimum, the following:
(1)
The removal of all aboveground solar panels/collectors, solar energy
equipment and accessory facilities/structures.
(2)
The removal of all footings, foundations or similar installations
to a depth of four feet below grade. Below-ground solar accessory
facilities or structures, such as collection lines, are not required
to be removed, unless otherwise required by applicable law. In addition,
access roads may be left in place if written consent is received by
the Town from the landowner. However, all solar energy equipment and
accessory facilities or structures installed underground must be fully
removed and the land reclaimed where such equipment or materials will:
(a)
Interfere with or prevent continued compliance by the landowner
with any environmental laws;
(b)
Give rise to any liability to the Town or the landowner under
any environmental laws; or
(c)
Form the basis of any claim, action, suit, proceeding, hearing
or investigation under any environmental laws. "Environmental laws"
shall mean any applicable law (including common law), statute, regulation,
ordinance, order, code, guidance standard recognized by regulatory
authorities, or other legal requirement relating to protection of
the environment, hazardous material(s) and/or worker health and safety
adopted by any applicable federal, state, or local governmental authority.
"Hazardous material" means any pollutant, contaminant, hazardous or
toxic substance, waste, and any other material i) subject to regulation
or governed by any environmental law; and ii) the presence, or discharge
of, or exposure to which could result in liability as a result of
its impact or potential impact on human health or the environment;
and including asbestos and asbestos-containing material; petroleum,
petroleum products and waste oil; any flammable explosives, radioactive
materials, or toxic mold.
(3)
Restoration of the surface grade and soil after removal of all aboveground
solar panels, solar energy equipment and accessory facilities or structures.
The plan shall include any preliminary environmental testing subject
to the approval of the Planning Board with consultation from the Town
Engineer; the environmental testing may include, but not be limited
to, a Phase I environmental study, soil borings, etc.
(4)
Revegetation of restored soil areas with native seed mixes that exclude
any invasive species.
(5)
A reasonable time frame for the completion all decommissioning and
site restoration activities.
B.
The implementation of the decommissioning plan shall commence and proceed in accordance with Subsections C, D and E of this § 67-17, as applicable, upon the occurrence of any of the following:
(1)
The applicant abandons or otherwise ceases operation of the commercial
ground-mounted solar energy system for a cumulative period of 180
days in any 365-day period;
(2)
The applicant or subsequent owner begins but does not complete construction of the project within 18 months, or 24 months upon the granting of an extension by the Planning Board as described in Subsection A above, after receiving special use permit approval; or
(3)
The special use permit for the commercial solar energy system is
revoked, terminated, or expires and is not renewed.
(4)
When a permitted commercial solar energy system falls into such a
state of disrepair that it creates a health or safety hazard.
(5)
When commercial solar energy systems are located, constructed or
modified without first obtaining, or in a manner not authorized by,
the required site plan review approval, special use permit, or any
other necessary authorization.
C.
In the event that construction of an approved solar energy system and/or solar accessory facilities or structures has been started but is not completed and functioning within 18 months of the issuance of the final site plan approval and special use permit, the Town may notify the applicant to complete construction and installation of the facility within 90 days. If the applicant fails to perform, or to apply for and receive a special use permit extension in accordance with this article 67, Article I, the Town may notify the owner and/or operator to implement the decommissioning plan. The decommissioning plan must be completed within 180 days of such notification by the Town.
D.
Upon revocation, termination or nonrenewal of an expired special
use permit, the applicant, owner and/or operator must fully complete
the decommissioning plan within 180 days of the date of revocation,
termination or nonrenewal.
E.
Upon the occurrence of any event listed in Subsection B above, to which the requirements of Subsections C and/or D of this § 67-17 do not apply, the Town shall notify the owner and/or operator of the commercial solar energy system to implement the decommissioning plan. Within 90 days of the service of said notice, the owner and/or operator shall either restore operation equal to 50% of approved capacity, or commence implementation of the decommissioning plan, which plan must be fully completed within 180 days after implementation thereof.
F.
If the owner and/or operator fails to fully complete the decommissioning plan within the 180-day time period and restore the site as required, the Town may, at its own expense, provide for the restoration of the site in accordance with the decommissioning plan and may, in accordance with the law, recover all expenses incurred for such activities from the irrevocable letter or letters of credit posted by the owner and/or operator in accordance with Subsection G of this § 67-17, and from the defaulted owner and/or operator directly, if necessary. Any decommissioning costs incurred by the Town which have not been fully paid by the owner and/or operator shall be assessed against the property, shall (in addition to any other available remedies) become a lien and tax upon said property, shall be added to and become a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officer and in the same manner as other taxes. The decommissioning plan shall provide for the ability of the Town, or its assignee or designee, to access the property owner's land in order to complete decommissioning if necessary.
G.
Prior to the issuance of a building permit, the owner or operator of an approved commercial solar energy system shall post an irrevocable letter or letters of credit in a face amount of not less than 120% of the estimated cost of complete decommissioning and removal to ensure proper, safe removal of the solar energy system and accessory facilities/structures in accordance with the decommissioning plan required by this § 67-17. Each said letter of credit shall state on its face that it is held by and for the sole benefit of the Town. The owner and/or operator shall not encumber or create any security interest(s) in the letter(s) of credit in favor of any third party. The amount of the financial guarantee shall be reviewed by the applicant and the Planning Board every five years and may be changed based upon majority vote of the Board. The form of the guarantee must be reviewed and approved by the Attorney for the Town, and the guarantee must remain in effect until the system is fully removed and final inspection is completed by the Code Enforcement Officer.
H.
Ownership changes. If the ownership of a commercial solar energy system that has been granted a special use permit changes, the special use permit shall remain in force and all conditions of the permit will continue to be obligations of succeeding owners. The Town Clerk shall be notified and the ownership change registered with the Town. At the time of the notification of the ownership change the new owner(s) must provide an irrevocable letter or letters of credit to the Town Clerk in accordance with the provisions of Subsection G above. All signs required shall be updated accordingly.
Any applicant desiring relief or exemption from any aspect or requirement of this article 67, Article I, of the Town Code may request such from the Planning Board at a preapplication meeting, provided that the relief or exemption is contained in the original application for site plan review or, in the case of an existing or previously granted site plan approval, a request for modification of its facilities. Such relief may be temporary or permanent, partial or complete, at the sole discretion of the Planning Board. The applicant shall bear the burden of proving the need for the requested relief or exemption to the satisfaction of the Planning Board. The applicant shall further bear all costs of the Planning Board or the Town in considering the request, and the relief shall not be transferable to a new or different owner/operator for commercial ground-mounted solar energy systems without the specific written permission of the Planning Board. No such relief or exemption shall be approved unless the applicant demonstrates by clear and convincing evidence that, if granted, the relief or exemption will have no significant effect on the surrounding environment, or on the health, safety and welfare of the Town, its residents and other service providers, including, but not limited to, law enforcement agencies and emergency services providers.
To the extent that applicable state or federal laws, rules,
regulations, standards or provisions of same are modified during the
operation of a commercial solar energy system, the owner/operator
thereof shall conform the permitted commercial solar energy system
to the applicable changed and/or modified law, rule, regulation, standard
or provision thereof within a maximum of 24 months of the effective
date of the applicable changed and/or modified rule, regulation, standard
or provision thereof, or sooner, if required by a state or federal
agency responsible for the administration of the changed law, rule,
regulation, standard or provision thereof.
