A.
The purpose of this chapter shall be to provide substantive and procedural standards for the siting, development, operation, and decommissioning of solar energy systems in the Village of Angola.
B.
Through this chapter, the Village of Angola intends to minimize the potential adverse impacts of solar energy systems to public health, safety, ground water, the environment, and the Village's community character and history.
C.
The Village further finds that appropriate siting of solar energy systems, in a manner compatible with the Comprehensive Plan objectives and vision of preserving its natural, historical, and cultural assets, along with sustaining its valuable economic and natural resources, particularly agricultural land use, open spaces, natural habitats, wetlands, and watersheds, is effectuated through this article.
As used in this article, the following terms shall have the meaning indicated:
One or more devices, assembled, capable of storing energy to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle. See the Village of Angola Battery Energy Storage System Law (to be adopted).
A solar energy system that consists of integrating photovoltaic (PV) modules into the building structure. Technologies include PV shingles or tiles, PV laminates, and PV glass. Examples of placement include vertical facades, semi-transparent skylights, awnings, fixed awnings, and roofs.
The cumulative land area occupied during the commercial operation of the solar energy generating facility. This shall include all areas and equipment within the facility's perimeter boundary including the solar energy system, on-site interconnection equipment, on-site electrical energy storage equipment, and any other associated equipment as well as any site improvements beyond the facility's perimeter boundary such as access roads, permanent parking areas, or other permanent improvements. The facility area shall not include site improvements established for impact mitigation purposes, including but not limited to vegetative buffers and landscaping features.
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, which may result from solar installations.
A solar energy system that is anchored to the ground and attached to a pole or similar mounting system, detached from any other structure (In the Village of Angola, they can be Tier 2 or 3 systems).
A unit of power. KW is equal to 1,000 watts of power.
A unit of power. MW is 1,000 KW or 1,000000 watts of power.
Wildflowers, grasses, or other native vegetation that serve as habitat, forage, or migratory stations. Such vegetation may be used to preserve land erosion or provide aesthetics to solar installations.
Soils classified by the NYS Department of Agriculture and Markets Agricultural Land Classification as mineral soils groups 1 through 4, prime farmland, and prime farmland if drained.
A solar energy system in which solar panels are mounted on top of the structure of a roof either as a flush-mounted system or as modules fixed to frames which can be tilted toward the sun at an optimal angle. Roof-mounted systems shall be located on a roof of a permitted principal use or accessory structure.
Setbacks, for the purposes of ground-mounted systems, shall be calculated from the fence line to any property line or designated item in the code (wells, structures, etc.).
Space open and clear of overhangs, trees, shade, or other obstructions to permit the active use of solar energy systems on individual properties.
Energy storage devices, materials, hardware, or electrical equipment and conduit associated with the production of electrical energy.
Energy generation facility or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of wholesale or retail sales of electricity.
Includes a combination of both solar panels and solar energy equipment. A solar energy system in the Village of Angola can be defined as follows:
A device capable of collecting and converting solar energy into electrical energy.
Rooftop, building-mounted, or building-integrated solar energy system =N limited to 110% of electricity needed on-site (as shown by the applicant and per NYSERDA rules).
Ground-mounted solar energy system that is an accessory use =N limited to 110% of electricity needed on site (as shown by the applicant and per NYSERDA rules).
Large-scale solar projects not meeting the criteria of Tier 1 or Tier 2 solar.
A.
The requirements of this article shall apply to all solar energy systems installed or modified after the effective date of the local law by which it was adopted, excluding general maintenance and repair. It also will not apply to single pole-mounted panels (less than four SF) that are used at businesses or residential homes to charge small batteries. In addition, this chapter shall apply to all applications related to solar energy systems pending before the Village Board or Zoning Board of Appeals as of the effective date of this chapter.
B.
All solar energy systems shall be designed, erected, and installed or modified in accordance with all applicable codes, regulations and industry standards as referenced in the New York State Fire Protection and Building Code and the Village Code as well as the National Electrical Code (NEC), National Fire Protection Code 70 (NFPA 70), and local and NYS regulations.
C.
Under New York SEQRA regulations, actions are classified as Type I, Type II, or Unlisted actions. Type II actions are exempt from review and include actions such as the construction, expansion, or placement of minor or accessory structures. The Village of Angola considers building-integrated solar components and all Tier I systems to be Type II actions and therefore exempt from all SEQRA requirements.
D.
All applications for solar projects shall include the appropriate application fee as determined by the Village, as set by resolution of the Village Board.
E.
Electrical inspection. All solar energy systems/installations will require approval by a certified electrical inspector prior to use.
F.
Fire service notice. Notification in writing to the Fire Department having operational authority at the location where the system is installed shall be made no later than 10 days following installation or as prescribed later in this chapter. Notification shall include a site map showing the location of the solar energy electrical panel as well as other information concerning the operation and shutdown of the solar energy system and posting of that information (full requirements to be provided at building permit application, including roof load bearing information, if applicable).
G.
Abandonment or disuse. The property owner or homeowner bears full responsibility for all costs associated with the dismantling and proper disposal of any solar energy system that becomes unsafe, goes into disuse, and/or is abandoned. See the special use permit application requirements of this chapter for requirements for Tier 3 systems.
A.
This section governs the placement and installation of smaller scale rooftop, building-integrated or building-mounted solar energy systems (Tier 1) as defined herein. The installation of these smaller-scale solar energy systems do require the applicant to obtain a building permit from the Village of Angola.
B.
Roof-mounted systems. Tier 1 Systems and Building-Integrated Systems.
(1)
All Tier 1 systems are permitted as an accessory use in all zoning districts, when attached to a lawfully permitted principal structure and/or accessory structure, subject to the following requirements:
(a)
Height. Solar energy systems shall not exceed maximum height restrictions within any zoning district and are provided the same height exemptions granted to building-mounted mechanical devices and equipment.
(b)
Setback. Solar energy systems are subject to the setback requirements of the underlying zoning district (including any special lot requirements, if applicable).
(c)
Aesthetics. Solar energy equipment shall incorporate the following design requirements:
[1]
Solar energy equipment shall be installed outside the primary residence or accessory structure and as close to a public utility electrical meter as possible.
[2]
Roof-mounted panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and highest edge of the system (or as required by the Building Code). Panels cannot exceed a height of 30 feet in accordance with the Village Zoning Code.
[3]
Access and pathways. Roof access, pathways, and spacing requirements for solar photovoltaic systems shall be provided in accordance with the most recent standards.
(2)
Size of solar photovoltaic array. Each photovoltaic array shall not exceed 150 feet in any direction.
(3)
Roof access points. Roof access points shall be located (or as required under the Building and Fire Safety codes):
(a)
In areas that establish access pathways which are independent of each other and as remote from each other as practicable to provide escape routes from all points along the roof.
(b)
In areas that do not require the placement of ground ladders over openings such as windows or doors or areas that may cause congestion or create other hazards.
(c)
At strong points of building construction, such as corners, pilasters, hips, and valleys and other areas capable of supporting the live load from emergency responders.
(d)
Where the roof access point does not conflict with overhead obstructions such as tree limbs, wires or signs.
(e)
Where the roof access point does not conflict with ground obstructions such as decks, fences, or landscaping.
(f)
In areas that minimize roof tripping hazards such as vents, skylights, satellite dishes, antennas, or conduit runs.
(4)
Ground access areas. Ground access areas shall be located directly beneath access roofs and roof access points. The minimum width of the ground access area shall be the full width of the access roof or roof access point, measured at the eave. The minimum depth shall allow for the safe placement of ground ladders for gaining entry to the access roof.
(5)
Single ridge roofs. Panels, modules or arrays installed on roofs with a single ridge shall be located in a manner that provides two, 36-inch-wide (914mm) access pathways extending from the roof access point to the ridge. Access pathways on opposing roof slopes shall not be located along the same plane as truss, rafter, or other such framing system that supports the pathway.
(a)
Exceptions:
[1]
Roofs with slopes of two units vertical in 12 units horizontal (16.6%) and less.
[2]
Structures where an access roof fronts a street, driveway, or other area readily accessible to emergency responders.
[3]
One access pathway shall be required when a roof slope containing panels, modules or arrays is located not more than 24 inches (610 mm) vertically from an adjoining roof which contains an access roof.
(6)
Hip roofs (324.7.5). Panels, modules, and arrays installed on dwellings with hip roofs shall be located in a manner that provides a clear access pathway not less than 36 inches (914mm), extending from the roof access point to the ridge or peak, on each roof slope where panels, modules or arrays are located.
(8)
Allowance for smoke ventilation operations. Panels and modules shall not be located less than 18 inches (457 mm) from a ridge or peak.
(9)
Notification to the Fire Department. Notification in writing to the Fire Department having operational authority at the location where the system will be installed shall be made no later than 10 days following installation.
(10)
Notification shall include a site map showing the location of the solar energy electrical panel, as well as the proper operation of the disconnect switch(s) in the event of a fire or other emergency situation where the homeowner, tenant or other personnel is not available or familiar with the safe shut down operation of unit so as to have the ability to cut power from the solar panels.
(11)
In addition a proper written statement showing the method of shut down shall be posted inside the main electrical panel of the unit which can be readily accessible for and to firefighting personnel.
(12)
Roof-mounted solar panels must be positioned to avoid glare which interferes with other properties or restricts views.
(13)
Roof-mounted panels shall have non-hazardous anti-reflective coating and, if the replacement of a panel is necessary, it shall also have non-hazardous anti-reflective coating.
Tier 2 ground-mounted solar energy systems are permitted as an accessory use/structure in all zoning districts and are subject to site plan approval (Article VII) and the requirements set forth in this section.
A.
All Tier 2 ground-mounted solar panels shall be installed in the rear yard. Ground-mounted solar energy systems are not permitted in the front yard. Any application for installation and placement of a small-scale solar energy system under this section that requires a side yard location shall require the applicant to appear before the Village Board who shall determine if such a location is warranted. The Village Board in making this determination may require additional screening or other requests or can deny this request. If the request is approved, the applicant shall return to the Planning Board for site plan approval.
B.
Setback(s). Ground-mounted solar panels are subject to setback requirements of the underlying zoning district, and if applicable, other requirements such as for special lots (corner, etc.). In no case, shall the setback from a property line be less than 25 feet.
C.
Height. Solar panels are restricted to a height of 15 feet. All height measurements are to be calculated when the solar energy system is oriented at maximum tilt.
D.
Lot coverage. The surface area (facility area) of ground-mounted solar panels shall be included in lot coverage and impervious surface calculations. The total lot coverage shall not exceed 35%, accounting for all other impervious surfaces on the lot, such as buildings and driveways.
E.
Glare. All solar panels shall have a non-hazardous anti-glare coating to prevent glare. Proof of such shall be provided during any approval process and at time of permit application.
F.
The site plan for such installation shall be reviewed by the Planning Board and shall be approved by a majority thereof.
Tier 3 (large-scale) solar energy systems are permitted in the Industrial District by the issuance of a special use permit by the Village Board and site plan approval by the Planning Board. These applications must also comply with the restrictions and requirements outlined in this section, as well as any overlay district requirements applicable to the project location. To ensure that the benefits of the project are available to the entire community, the Village of Angola requires the applicant for a Tier 3 solar energy system to enter into a Host Community Agreement (HCA) with the Village.
A.
General requirements.
(1)
Every application for a Tier 3 solar energy system within the Village of Angola shall be made to the Village Board and shall be approved by a majority vote thereof.
(2)
Prior to Village Board review of the application, it may refer said application to the Zoning Board of Appeals and Planning Board for review, report and recommendation for approval or disapproval and input on SEQR.
(3)
The Village Board shall hold a public hearing upon 10 days' notice duly posted and published in the official newspaper of the Village and on the Village bulletin board, before granting the special use permit. This hearing shall take place after the Planning Board issues their reports.
(4)
Once the Village Board makes a final SEQR decision and if the special use permit is approved, the project will return to the Planning Board for final conditional site plan review and approval.
(5)
On applying for a building/site development permit for the project, the applicant/developer shall present final design plans and other SUP requirements to the Village for review for conformance to the SUP and its conditions, and site plan approvals and conditions. No building/site development permit shall be issued until the project is shown to meet all the SUP and site plan requirements, has received all other regulatory approvals, and meets other requirements of the Village.
B.
Special use permit application requirements. Every application for a special use permit under this section shall contain the following information:
(1)
A completed proposed draft of the applicable State Environmental Quality Review Act (SEQRA) Full Environmental Assessment Form (FEAF).
(2)
Verification of utility notification. Foreseeable infrastructure upgrades shall be documented and submitted. Off-grid systems are exempt from this requirement.
(3)
Name, address, and contact information of the applicant, property owner(s) and agent submitting the proposed project application.
(4)
If the property of the proposed project is to be leased, legal consent among all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, and identifying the party primarily responsible for paying any property taxes, Host Community Agreement (HCA) or penalties attributable to the project.
(5)
Technical drawings signed by a NYS licensed engineer, showing the layout of the proposed solar energy system, including proposed access roads, landscaping, and screening (see site plan requirements).
(6)
Equipment specification sheets for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.
(7)
A property operation and maintenance plan describing continuing photovoltaic maintenance and property upkeep, such as mowing, trimming, and maintenance of landscaping, fencing and other screening components, etc.
(8)
A decommissioning plan (completed by a NYS licensed engineer and signed by the engineer and owner/operator):
(a)
To ensure the proper removal of Tier 3, the decommissioning plan shall include details regarding the removal of all infrastructures and the remediation of soil and vegetation back to its original state prior to construction, unless otherwise permitted. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a NYS licensed engineer or contractor. Cost estimates shall take inflation into account and not reflect any salvage value. In the case of a lease, the cost of decommissioning shall be borne by the entity or corporation that is leasing the property in question and not the landowner.
(b)
A form of decommissioning security acceptable to the Village, through escrow, letter of credit, bond or the equivalency of, shall be established during the special use permit process and must be in place prior to the commencement of construction to cover the cost of decommissioning the site. After completion of the project, the escrow, bond or equivalency of, shall be renewed on a determined schedule, adjusted for inflation and based on updated cost estimates. The amount of surety required shall be a minimum of 125% of the estimated cost to decommission (not allowing for recycle value). This decommissioning security shall be revisited a minimum of every five years or at times of bond renewal. The revisiting will take into consideration inflation and other cost increases.
(9)
Stormwater management and erosion and sediment control plans in accordance with state and local requirements. Special requirements (stricter standards; especially during construction) may be added for projects within the Recreational/Open Space Overlay District.
(10)
A lighting plan. Lighting of the solar energy system shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast (dark sky compliant) from adjacent properties.
(11)
Information on any noise impacts on surrounding homes or other sensitive receptors. The one-hour average noise generated from the solar energy system shall not exceed 45 decibels, as measured from the property line. If the applicant controls multiple, contiguous parcels, only the exterior boundary of the aggregated parcels shall be considered the "property line" for purposes of measuring noise.
(12)
An assessment of the visual impacts of the solar energy system (including any above grade poles) on public roadways and adjacent properties. At a minimum, a line-of-sight profile analysis must be provided. Depending upon the scope and potential significance of the visual impacts, additional impact analyses, including, for example, a digital viewshed report, may be required.
(13)
An emergency operations plan must be submitted at the time of application. This plan shall address any additional items that are requested by the Village Board. The Village Board will receive input from emergency service providers and others as deemed necessary. If approved, a copy of the approved emergency operations plan shall be given to the system owner, the local fire department, and local fire code official. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders.
(14)
Prior to beginning operation of the facility, the owner shall schedule a day for training for the fire department and emergency service providers. At that training, keys/access codes shall be provided to the emergency service providers for accessing the facility.
(15)
A site plan in accordance with the Village of Angola site plan requirements and drawn in sufficient detail as follows:
(a)
Plans and drawings of the solar energy system installation signed by a professional engineer registered in New York State showing the proposal layout of the entire solar energy system along with a description of all components, whether on site or off site, existing vegetation and proposed clearing and grading of all sites involved, and utility lines, both above and below ground, on the site and adjacent to the site; and
(b)
A landscape plan signed by a professional landscape architect, including the type of planting under the panels (and a reasoning for its selection); and
(c)
Property lot lines and the location and dimensions of all existing structures and uses on site within 500 feet of the solar panels, and the zoning of the site and surrounding properties; and
(d)
Proposed fencing and/or screening for said project.
(16)
Information on the equipment to be installed, including the requirement that the system components not contain any hazardous substances.
(17)
Information on the environmental and cultural resources (as identified through the NYSDEC Environmental Resource Mapper and NYSOPRHP Cultural Resource Information System (CRIS) and by the Village of Angola) on the subject property and surrounding properties.
(18)
Elevations showing the front and side view of all components of the solar energy system (panels, inverters, interconnection poles, etc.).
(19)
Any such additional information as may be required by the Village's NYS licensed engineer or consultant, Planning Board, Village Board, Village Attorney, or Code Enforcement Officer.
(20)
Information on soils, lot coverage, etc., illustrating how the project meets the requirements of this chapter.
C.
Special use permit standards for Tier 3 solar energy systems:
(1)
All large-scale (Tier 3) solar energy systems shall be set back a minimum of 200 feet from any non-participating property line, 50 feet from a participating property line, 250 feet from any road right-of-way, and a minimum of 500 feet from any residential building, school, place of public worship or designated historic district or landmark (as measured from the closest fenced area). The system shall also be a minimum of 500 feet from any water well on adjacent properties. If the applicant controls multiple, contiguous parcels (participating properties), only the exterior boundary of the aggregated parcels shall be considered the "property line" for purposes of determining setbacks.
(2)
All larger-scale (Tier 3) solar energy systems shall be enclosed by fencing to prevent unauthorized access. Warning signs shall be placed on the entrance and perimeter of the fencing. The height and type of fencing shall be determined by the site plan review process, blend into the character of the area, and meet applicable NYS codes and requirements. In areas with large deer populations, an eight-foot fence may be necessary. In areas of important habitats or species, the NYSDEC may require a gap at the bottom of the fence.
(3)
All larger-scale and utility-scale solar energy systems shall have views minimized from adjacent properties and roadways using landscaping that shall, at a minimum, be comprised of evergreen/coniferous trees, at least eight to 10 feet in height at the time of planting (depending on site conditions and the results of the visual impact assessment) and at the recommend spacing for the tree species. It is a preference that existing trees and vegetation be preserved to help screen the project (layouts should try and accomplish this, if applicable). New trees to be planted may need to be planted in a staggered, "zig-zag" pattern to maximize screening. Supplemental deer-resistant shrubs are to be planted between the evergreen/coniferous trees at the reasonable discretion of the Town Board. Use of multiple species is encouraged to prevent disease and contribute to a more naturalistic aesthetic. In some cases, existing vegetation located on participated properties may be used to satisfy all or a portion of the required landscaped screening. Berms can also be utilized (but not preferred) to reduce the heights of proposed plantings, but the berms must not interfere with site drainage and must be properly designed to maintain vegetation. Suitable tree and shrub species are to be determined by a professional arborist and approved by the Town. All plantings shall be maintained in accordance with the approved property operation and maintenance plan and must be replaced if dead or diseased for the life of the permit.
(4)
On-site electrical interconnection lines and distribution lines shall be placed underground, unless otherwise required by the utility. For poles that are required, they must be placed a minimum of 100 feet from an adjoining non-participating property line.
(5)
The removal of trees six inches or more in diameter at breast height shall not exceed 10% of the project area, or five acres, whichever is less. The removal of shrubs, underbrush, and trees under three inches in diameter at breast height shall be limited to the extent necessary for the construction and maintenance of the solar installation. Plans submitted should clearly indicate tree locations and those to be removed (clearing limit).
(6)
Deforestation mitigation. In accordance with the restrictions set in Subsection C(5), forested sites shall not be deforested, and sites deforested less than five years before application submittal shall not be used to construct solar energy systems, unless the applicant offsets the adverse impact of deforestation through conservation of the same amount of existing similar habitat, or creation of the same number of new sites to host similar habit ("conserved forest habitat"). Conserved forest habitat created pursuant to this section shall be permanently conserved through creation of public parkland with covenants prohibiting deforestation and requiring the land to be kept in a natural, forested state, or by creation of a conservation easement held by an entity other than the applicant, and with restrictions requiring the land to be kept in a natural, forested state, or by any other means of permanent conservation acceptable to the Town. The Town may, but is not required to, hold any real property interest created pursuant to this section. Conserved forest habitat shall be located within the Town of Mina.
(7)
Forest buffer. When the site contains or is surrounded by existing forest, a buffer of at least 50 feet of forest on the participating parcel where no trees shall be cut shall be established and maintained as a forested zone for the life of the facility. The exception to this shall be dead or diseased trees, which will be cut and removed to encourage healthy growth of existing trees.
(8)
The height of a larger-scale or utility-scale solar energy system shall not exceed 20 feet when oriented at maximum tilt. Heights up to 30 feet would be allowed for projects that will have farming under the panels.
(9)
Tier 3 solar energy systems shall not result in conversion of more than 10% of soils classified by the NYS Department of Agriculture and Markets Agricultural Land Classification as mineral soils groups 1 through 4, prime farmland, and prime farmland if drained. All solar energy facilities shall also adhere to the Department of Agriculture and Markets' Guidelines for Construction Mitigation for Agricultural Lands. Converted farmland includes both prime farmland inside any perimeter fencing associated with Tier 3 or 4 facilities, and any adjacent prime farmland on the same parcel as the fencing that is no longer suitable for farming because of the Tier 3 facility.
(10)
To offset or mitigate the adverse impact of using high quality soils for a non-agricultural purpose, and/or as required by New York Public Service Law § 138(4), any solar energy facility sited on soils classified by the NYS Department of Agriculture and Markets' Agricultural Land Classification as mineral soils groups 1 through 4, prime farmland, and/or prime farmland if drained, shall (1) prepare and carry out an agricultural co-utilization plan acceptable to the Town; and (2) permanently conserve an equal amount of soils classified by the NYS Department of Agriculture and Markets' Agricultural Land Classification as mineral soils groups 1 through 4, prime farmland, and/or prime farmland if drained, located in the Town of Mina, in a manner acceptable to the Town.
(11)
All components of a large-scale or utility-scale solar energy system shall not contain any hazardous materials that could contaminate soils or the air by their release, including but not limited to lead, cadmium, and PFAS substances. Proof of such shall be submitted at time of application and at time of building permit application. Any proposed changes to the system components including the addition of any anti-glare materials after construction will require coordination with the Town's Building Department and may require return to the Town Board for evaluation of the SUP.
(12)
Access roads must meet applicable NYSDEC requirements for limited use pervious access roads and provide adequate access for emergency vehicles (H20 loading; sufficient width, turnarounds, and/or pull-offs). This includes extending access roads to allow emergency responders to respond to medical emergencies or fires throughout the site. The applicant must provide written documentation that the applicable emergency service providers have reviewed and approved the type and location of the proposed access roads.
(13)
No signage or graphic content shall be displayed on the solar energy system components, except for the manufacturer's name, equipment specification information, safety information, and 24-hour contact information. All other information/signage as required by the National Electric Code.
A.
If the owner of the solar energy system changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all the obligations of the special use permit, site plan approval, HCA, and decommissioning plan. A new owner or operator of the solar energy system shall notify the Code Enforcement Officer of such change in ownership or operator within 30 days of the ownership change. New owners or operators 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 would be void if a new owner or operator fails to provide written notification to the Code Enforcement Officer in the required timeframe. Reinstatement of a void special use permit will be subject to the same review and approval processes for new applications.
B.
Any changes or alterations post-construction to a Tier 3 solar energy system shall be allowed only by amendment to the special use permit and/or site plan (if required) subject to all requirements of this code.
A.
Time limit on completion. Upon the granting of a special use permit for a Tier 3 solar energy system, the building permit shall be obtained within 12 months and the project shall be completed within 24 months of the granting of the special use permit. If not constructed, the special use permit and site plan approval and building permit shall require new review and approval.
B.
Inspections. Upon reasonable notice, the Building Inspector or his or her designee may enter a lot on which a solar energy system has been approved for the purpose of ensuring compliance with any requirements or conditions. Twenty-four hours' advance notice by telephone to the owner/operator or designated contact person shall be deemed reasonable notice. The applicant/operator shall authorize and cooperate in such inspection. Furthermore, a Tier 3 solar energy system shall be inspected annually or at any other time deemed necessary by the Village Building Inspector and/or by a NYS licensed engineer that has been approved by the Village. Any fee or expense associated with this inspection shall be borne entirely by the permit holder.
C.
General complaint process. During construction, the Village Building Inspector can issue a stop order at any time for any violations of the special use permit or building permit. After construction is complete, the permit holder of a Tier-3 solar energy system shall establish a contact person, including name and phone number, for receipt of any complaint concerning any permit requirements.
D.
Continued operation. A solar energy system shall be always maintained in operational condition, subject to reasonable maintenance and repair outages. Operational condition includes meeting all approval requirements and conditions. Further, the Building Inspector shall also have the right to request documentation from the owner of a solar energy system regarding the system's usage at any time.
E.
Annual report. The owner and/or operator of a large-scale solar energy system must submit to the Code Enforcement Officer an annual report, due no later than February 15, which is certified as accurate and complete under penalty of perjury and contains the following information:
(1)
The rated capacity of the system.
(2)
The amount of electricity generated by the system in the most recent 12-month period.
(3)
The amount of electricity transmitted to the power grid in the most recent 12-month period; and
(4)
Any damage that has occurred to the system in the most recent 12-month period, evidence that the damage was repaired (if damage has occurred), and testing of groundwater or wells (if damage has occurred) and the findings of that testing; and
(5)
Any updates or maintenance performed to solar energy system components in the most recent 12-month period and potential plans for such in the coming year.
F.
Removal. All solar energy systems shall be dismantled and removed by the owner/operator immediately from a lot when the special use permit or approval has been revoked by the Village Board or the solar energy system has been deemed to be nonoperating or abandoned by the Building Inspector for a period of more than 365 days at the cost of the owner. If the owner/operator does not dismantle and remove said solar energy system as required, the Village Board may, after a hearing at which the owner shall be given an opportunity to be heard and present evidence, dismantle and remove said facility and utilize the Bond to remove the solar energy system in accordance with the decommissioning plan. Such action shall be in addition to and not in lieu of any other enforcement remedies the Village may have.
G.
Determination of abandonment or non-operation. A determination of the abandonment or non-operation of a solar energy system shall be made by the Village Building Inspector, who shall provide the owner/operator with written notice by personal service or certified mail at the address shown in the records of the Village or the application. Any appeal by the owner of the Building Inspector's determination of abandonment or inoperability shall be filed with the Village Board within 30 days of the Building Inspector causing personal service or mailing certified mail of his written determination and the Board shall hold a hearing on same. The filing of an appeal does not stay the following time frame unless the Village Board or a court of competent jurisdiction grants a stay, or reverses said determination. At the earlier of the 366 days from the date of determination of abandonment or inoperability without re-activation approved or upon completion of dismantling and removal, any approvals for the solar energy system shall automatically expire.
A.
An applicant shall reimburse the Village for any fee or expense incurred in hiring subject matter experts and attorneys to review a large-scale solar energy system. The Village will estimate these costs and request that an escrow account be set up to pay for these costs incurred by the Village. Following the approval or denial of the application, the Village shall return to the applicant any excess funds remaining in the escrow account. If the escrow account has been depleted prior to approval or denial of the application, the applicant shall deposit such funds necessary for the Village to pay any outstanding consulting fees.
B.
The applicable fees for any review or permit required by this chapter shall be set from time to time by resolution of the Village Board.
A.
The holder of a special use permit for a Tier 3 solar energy system may be required (size over 0.5 MW) to secure prior to construction and maintain for the duration of the permit, public liability insurance as follows:
(1)
Commercial general liability covering personal injuries, death, and property damage: $5,000,000 per occurrence ($10,000,000 aggregate) which shall specifically include the Village of Angola and its officers, councils, employees, attorneys, agents, and consultants as additional named insured.
(2)
Umbrella coverage: $10,000,000.
B.
Insurance company. The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in NYS and with at least a Best's rating of "A."
C.
Insurance policy cancellation. The insurance policies shall contain an endorsement obligating the insurance company to furnish the Village with at least 30 days' prior written notice in advance of cancellation.
D.
Insurance policy renewal. Renewal or replacement policies shall be delivered to the Village at least 15 days before the expiration of the insurance that such policies are to renew or replace.
E.
Copies of insurance policy. No more than 15 days after the grant of the permit before construction is initiated, the permit holder shall deliver to the Village a copy of each of the policies or certificates representing the insurance in the required amounts.
F.
Certificate of insurance. A certificate of insurance states that it is for informational purposes only and does not confer sufficient rights upon the Village; therefore, a certificate of insurance shall not be deemed to comply with this chapter.
G.
Indemnification. Any application for a solar energy system within the Village, shall contain an indemnification provision. The provision shall require the applicant/owner/operator to at all times defend, indemnify, protect, save, hold harmless, and exempt the Village and its officers, councils, employees, attorneys, agents, and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages whether compensatory or punitive, or expenses arising therefrom either at law or in equity which might arise out of or are caused by the placement, construction, erection, modification, location, equipment's performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said solar energy system, excepting however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the Village or its employees or agents. With respect to the penalties, damages, or changes referenced herein, reasonable attorneys' fees, consultant fees, and expert witness fees are included in those costs that are recoverable by the Village.
A.
Any violation of any provisions of this article shall be punishable by penalty or a term of imprisonment as prescribed in § 20-2006 of the Village Law of the State of New York.
B.
Notwithstanding the above, the Village Board of the Village of Angola hereby reserves the right to proceed to enforce the provisions of this section by civil action, injunction, and any other remedy afforded to it by the laws of the State of New York or the United States.
If any part or provision of this article shall be declared invalid, void, unconstitutional or unenforceable by a court of law, all unaffected provisions hereof shall survive such declaration, and this article shall remain in full force and effect as if the invalidated portion had not been enacted.
This article shall take effect immediately upon filing with the Secretary of State of the State of New York.