Any special use permit application shall include information required in § 220-7. Planning Board review, § 220-8 Site plan review and special use permits - General standards, and the following information:
A. 
Proposed changes to the landscape, including screening and vegetation.
B. 
A preliminary specification sheet that documents all proposed storage equipment to be installed. A final equipment specification sheet shall be submitted prior to the issuance of a zoning permit.
C. 
A property operation and maintenance plan that describes continuing maintenance and property upkeep, such as mowing and trimming.
D. 
A vegetation management plan that describes how the owners and operators will develop, implement, and maintain native vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators.
E. 
Identification of wildlife species that may use the parcel, including potential wildlife travel corridors, migration paths, or critical habitats.
F. 
A mitigation plan, if part of the project is located on prime farmland or farmland of statewide importance.
G. 
A decommissioning plan and agreement shall be submitted as part of the application to ensure proper removal after being considered abandoned. Compliance with this plan and the agreement shall be made a condition of the issuance of zoning permit approval under this section. The decommissioning plan and agreement must specify that after the energy system or energy storage system can no longer be used, it shall be removed and disposed of by the applicant or any subsequent owner in a lawful and environmentally proper manner. The plan and agreement shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction. The plan and agreement shall also include an expected timeline for execution. A cost estimate detailing the projected cost of executing the decommissioning plan and agreement shall be prepared by a professional engineer or contractor. Cost estimations shall take inflation into account.
A. 
Large solar energy systems, major wind energy systems, and large battery energy storage systems shall not be located in the following areas to the maximum extent practicable:
(1) 
Prime farmland or farmland of statewide importance. Energy systems and energy storage systems shall not result in conversion of more than 10% of all prime farmland within the project area to the extent practicable, which includes all facility components, such as solar collectors, wind turbines, mechanical equipment, and support facilities. Any development on prime farmland or farmland of statewide importance shall include a mitigation plan with the permit application. Large 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.
(2) 
Areas including floodplains, historic sites, airports, government lands, conservation easements, trails, parklands, and wetlands as identified by the New York State Department of Environmental Conservation, the United States Army Corps of Engineers, or FEMA National Flood Insurance Program.
B. 
Large solar energy systems, major wind energy systems, and large battery energy storage systems shall be located on lots with a minimum size of 10 acres.
C. 
A large solar energy system that is ground-mounted shall not exceed 50% of the total size of the lots or parcels on which it is installed. The surface area covered by a large solar energy system includes all facility components, such as solar collectors, mechanical equipment, and support facilities.
A. 
Large solar energy systems shall not exceed 15 feet in height when oriented at maximum tilt.
B. 
Minimum setback from road right-of-way lines: 100 feet. Minimum setback from side lot lines: 300 feet. Minimum setback from rear lot lines: 200 feet. Minimum setback from any existing residential structures: 500 feet. The Planning Board may require greater setbacks if deemed necessary to lessen the impacts of the project on neighboring properties. The side and rear lot line setbacks for contiguous parcels that include facility components within one proposed project may be waived. Fencing, access roads and landscaping may occur within the setback.
C. 
All large solar energy systems shall be enclosed by fencing at least seven feet high with a self-locking gate to prevent unauthorized access. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing.
D. 
Based on site-specific conditions, including topography, adjacent structures, and roadways, reasonable efforts shall be made to minimize visual impacts by preserving natural vegetation, and providing berms or landscape screening consisting of native species to abutting residential properties, public roads, public sites, and known areas of important views or vistas, but screening should minimize the shading of solar collectors. The landscaped screening may be required to 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 Planning Board, all planted within each 10 linear feet of the solar energy system.
E. 
Removal of existing trees larger than six inches in diameter at breast height should be minimized to the extent possible.
F. 
Vegetation.
(1) 
All large solar energy systems shall be required to seed 20% of the total surface area of all solar panels on the lot with native perennial vegetation designed to attract pollinators.
(2) 
When establishing perennial vegetation and beneficial foraging habitat, the large solar energy system owners shall use native plant species and seed mixes.
(3) 
Vegetation shall be maintained below solar collectors. The ground within the fenced perimeter shall not be tamped, compressed, or otherwise conditioned with herbicides or similar other treatment to inhibit the growth of natural vegetation.
(4) 
The Planning Board may allow for or require co-usage of the lands under and around installed solar collectors for grazing or growing of crops that could be grown or harvested without damaging or interfering with solar facilities.
G. 
Signage shall include and be limited to:
(1) 
The manufacturer's name, equipment specific information, safety information, and twenty-four-hour emergency contact information. Said information shall be depicted within an area no more than eight square feet.
(2) 
Disconnection 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.
H. 
All access, construction, or project-related roads shall not be less than 25 feet in width pursuant to Article 8, § 171, of New York State Highway Law so as to provide access for firetrucks and other service vehicles in case of an emergency. Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction.
I. 
All on-site electrical wires associated with solar energy systems shall be installed underground, except for tie-ins to a public utility company and public utility company utility poles, towers, and lines. This standard may be modified by the Town if the project terrain is determined to be unsuitable due to reasons of excessive grade, biological impacts, or similar factors.
J. 
All solar collectors and related equipment shall be surfaced, designed, and sited to minimize glare on adjacent properties and roadways.
K. 
The applicant must ensure that appropriate and acceptable training for first responders is available prior to commencing operations.
All major wind energy system shall incorporate the following design standards:
A. 
Any proposed wind energy system including those subject to review by the Office of Renewable Energy Siting pursuant to § 94-c of the Executive Law, shall be subject to all substantive provisions of this chapter and any other applicable local law.
B. 
The following standards shall apply to all wind energy systems:
(1) 
The proposed installation is located in an area that is necessary and convenient for the efficient distribution of power from the energy generation facility to the area to be serviced by such facility.
(2) 
The design of any building constructed or used in connection with the energy generation facility shall conform to the general character of the area and will not adversely affect the usage and reasonable enjoyment of property rights in the Town.
(3) 
Reasonable landscaping shall be provided to create a visual and sound buffer between such facilities and adjoining properties.
(4) 
All electrical generating equipment, electrical storage equipment, transformers, and related equipment shall be enclosed in a secure structure. All such structures shall be secured by a fence.
(5) 
No wind power generating facility or related structure shall be located within 300 feet of any lot line.
C. 
Setback from road right-of-way lines: 1,000 feet plus the height of the structure, including rotor radius, minimum on all state highways and 500 feet plus the height of the structure, including rotor radius, minimum on all other roads.
D. 
Setback from side and rear lot lines: 300 feet minimum. The Planning Board may require greater setbacks if deemed necessary to lessen the impacts of the project on neighboring properties. The side and rear lot line setbacks for contiguous parcels that include facility components within one proposed project may be waived.
E. 
Setback from any existing residential structures: 1,000 feet minimum.
F. 
Fencing, access roads, and landscaping may occur within required setbacks.
G. 
All electrical generating equipment, electrical storage equipment, transformers and related equipment shall be enclosed in a secure structure. All such structures shall be secured by a fence at least six feet in height.
H. 
All major wind power generating facilities shall comply with applicable state and federal regulations.
I. 
Major wind power generating facilities shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
J. 
All temporary, access, construction, or project-related roads shall not be less than 25 feet in width pursuant to Article 8, § 171, of New York State Highway Law so as to provide access for firetrucks and other service vehicles in case of an emergency.
All large battery energy storage systems shall incorporate the following design standards:
A. 
Signage shall be in compliance with American National Standards Institute Z535 and shall include the type of technology associated with the battery energy storage system, any special hazards associated, the type of suppression system installed in the area of battery energy storage systems, twenty-four-hour emergency contact information, and any information required by the National Electrical Code. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
B. 
Areas within 10 feet on each side of large battery energy storage systems shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover shall be permitted if they cannot readily transmit fire. Removal of trees should be minimized to the extent possible outside the ten-foot radius of the large battery energy storage system.
C. 
Large battery energy storage systems, including all mechanical equipment, shall be enclosed by fencing at least seven feet high with a self-locking gate to prevent unauthorized access (unless housed in a dedicated-use building) and not interfering with ventilation or exhaust ports.
D. 
Minimum setback of large battery energy storage systems from road right-of-way lines: 100 feet. Minimum setback from side lot lines: 300 feet. Minimum setback from rear lot lines: 200 feet. Minimum setback from any existing residential structures: 400 feet. The Planning Board may require greater setbacks if deemed necessary to lessen the impacts of the project on neighboring properties. The side and rear lot line setbacks for contiguous parcels that include facility components within one proposed project can be waived. Fencing, access roads and landscaping may occur within the setback.
E. 
Safety.
(1) 
Prior to the issuance of a zoning permit from the Enforcement Officer, the applicant must submit copies of all safety certifications to the Planning Board and Enforcement Officer.
(2) 
Site access shall be maintained, including snow removal at a level acceptable to the local fire department and first responders in the area.
(3) 
Large battery energy storage systems, components, and associated ancillary equipment, shall have required working space clearances, and electrical circuitry shall be within weatherproof enclosures marked with the environmental rating suitable for the type of exposure in compliance with the most recent National Electrical Code.
(4) 
The applicant must ensure that appropriate and acceptable training for first responders is available prior to commencing operations.
A. 
Removal of large solar energy system, major wind energy systems, and large battery energy storage systems must be completed in accordance with the decommissioning plan and agreement. If the energy system or energy storage system is not decommissioned after being considered abandoned, the Town may remove the system and restore the property and impose a lien on the property to cover these costs to the municipality.
B. 
Large solar energy systems, major wind energy systems, and large battery energy storage systems are considered abandoned when the Enforcement Officer determines the site and system has not been maintained, is a safety risk, or after one year without electrical energy generation or storage and must be removed from the property. Applications for extensions may be reviewed by the Planning Board for a period of six months. If the energy system or energy storage system ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the system, mount, and associated equipment and facilities by no later than 90 days after the end of the twelve-month period. The site shall be restored to as natural a condition as possible within one year of removal of the system. Failure to comply with this section will result in enforcement action detailed in Article XI, Violations and Penalties.
The applicant may be required to provide financial sureties, as set forth, for the removal of a large solar energy system, major wind energy system, or large battery energy storage system. Pursuant to the execution of the decommissioning plan, the applicant shall provide the Town with a bond in an amount determined by the Town Board to cover the expense of removal of the system and remediation of the landscape in the event the Town must remove the facility. The amount of the bond or security shall be 110% of the cost of removal of the system and restoration of the property. The amount of the bond or security shall be updated by a qualified independent engineer licensed to practice in the State of New York to reflect inflation and any other changes after one year of project operation, and every fifth year thereafter. The engineer's service fees shall be paid by the owner/operator. Updated amount figures will be filed with the Town Board. The bond or security shall be in a form acceptable to the Town Attorney, which includes, but is not limited to, an escrow account, a letter of credit, perpetual bond, or any combination thereof.