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HomeMy WebLinkAbout2016-10-27Dryden Planning Board October 27, 2016 Page 1 of 15 Dryden Planning Board October 27, 2016 Members Present: Marty Moseley (Chair), Joe Wilson, Craig Anderson, David Weinstein, John Kiefer, and Marty Hatch and Hillary Lambert (alternate). Tom Hatfield, excused. Town Hall Staff: Ray Burger, Planning Director Liaisons: Deborah Cipolla-Dennis (Town Board) Guests Present: Ormsby Dolph, Nick Bellisario and Noah Demerest The meeting was called to order at 7PM. Public Comment: No comments Review and approval of minutes: J. Wilson moved to accept the minutes. D. Weinstein seconded the motion which was unanimously approved. Final Plat approval of Varna Tiny Timbers - Cornell easement buffer landscape plan: the developer plans to increase the plantings, primarily trees. The easement agreement is verbal but they are close to a final agreement which will include that they will not cut trees down to build the trail through the buffer area. - The buffer is not part of the homeowners’ agreement yet because they are still working with Cornell. - The location of the trash receptacle was discussed last month and the developer has determined that they are going to keep the location as it will encourage recycling and composting due to the challenge of getting to the trash location. - Cornell wants to keep folks off their land - they are research fields and want to keep it that way - TCAT has not yet responded with their desired pull-off location. - Currently, they are planning to install a pole with a TCAT sign but no shelter. - The developer is planning to install a five (5) foot sidewalk. The Varna guidelines recommend a 5-6 foot width. - The DOT will be repaving route 366 from NYSEG to the Town Line with the TIP grant. - C. Anderson asked about sidewalk maintenance and snow plowing. Will that be part of the Homeowners’ Agreement? And who is doing the maintenance of the stormwater system? - He also asked if the attorneys should review the Homeowners’ Association before it goes to the State for Town liability purposes. - The stormwater maintenance plan for the Town engineer or attorney needs to be prepared. M. Moseley indicated that the stormwater maintenance agreement should be separate from the HOA. That agreement will be between the Town and the HOA. - Open Development Area was established for this parcel at the last Town Board meeting which allowed the Planning Board to move forward. - The developer has to appear before the ZBA for lot frontage variances. Resolution #29: Final plat approval for 5 Freese Road with the Town of Dryden Standard Conditions of approval with additional conditions Dryden Planning Board October 27, 2016 Page 2 of 15 M. Hatch offered the following resolution: Whereas, the applicants have presented a final plat design for a subdivision at 5 Freese Road; and Whereas, the Planning Board has determined the proposed subdivision and site plan to be consistent with the Varna zoning, design guidelines and the Town comprehensive plan; and Whereas, the Tompkins County Planning Department has provided a review pursuant to General Municipal Law § 239-l and § 239-m; and Whereas, the Planning Board has reviewed the application and have added conditions; and Whereas, the Planning Department has agreed to enforce the conditions; Therefore, be it resolved, the Dryden Planning Board approves the final plat design with standard conditions, in addition to those listed below: - A full Storm Water Pollution Protection Plan must be submitted and approved, - A stormwater maintenance agreement with the Town of Dryden, - provide a draft of the proposed Homeowner’s Association agreement, including sidewalk snow removal and maintenance, for review by the Town attorney; - obtain ZBA variances of the required front, side, and back yard setbacks for lots that do not meet the minimum requirements per the Town of Dryden Zoning Law; The motion was seconded by C. Anderson and unanimously approved. M. Moseley has received a request from the ZBA for more information regarding the Tiny Timbers subdivision. M. Moseley has drafted a letter and the Board asked him to send it on to the ZBA Chair. The ZBA has also requested a recommendation from the Planning Board regarding 1841 Slaterville Road. This is a minor subdivision. - The Planning Board indicated that they did not have any major issues with the proposal. - J. Kiefer pointed out that the Town Comprehensive Plan discourages driveways on major roads like Route 79. - Discourage creation of new residential lots with access available only off major highways and collector roads. Page 34 of the Comprehensive Plan. - The original/current building layout has a driveway onto route 79 and access to German Cross Road but the subdivision will eliminate the German Cross Road access. In an emergency, access from the front parcel to/across the back parcel will no longer be available. - Since the Planning Board is not the determining entity (the ZBA is will make the decision) and are simply making suggestions, the Planning Board decided to simply point out to the ZBA that an easement to preserve a second access for the front lot be permitted between the front of the four (4) unit building and German Cross Road. Solar Law discussion: The Planning Board reviewed the draft solar law (attached) and made recommendations. - It has been determined that although 3 phase power lines are necessary for the transportation of solar power but they are not as limited as the Planning Board was Dryden Planning Board October 27, 2016 Page 3 of 15 led to believe. The real limit is the funding that would be required to place solar panels in other areas. - D. Weinstein, in conjunction with T. Hatfield’s written comments (attached), questioned the 2 mega watt limit. As he pointed out, the law now permits 5-15 acres and since we don’t care how much energy is being generated and we expect that efficiency will increase, the land use limit is probably sufficient. - J. Wilson stated that currently there are two limits: One – the solar facility has to be on a single lot per the Public Service Commission. Two – the facility has to be on a minimum of 5 acres and a maximum of 15 acres. - The minimum and maximum lot size requirements were questioned by several Board members and were ultimately removed. The law is limited by the PSC solar requirements and applicants have to go through several review steps including a site plan review and a special use permit. - D. Weinstein and M. Hatch expressed concern about the impact solar facilities might have. We do not know what the impact might have since landscapes, density, neighborhoods, etc, vary throughout the Town. - C. Anderson recommended that solar projects come to the Planning Board for site plan review and the Town Board for the special use permit. - C. Anderson recommended separating Large Scale Solar into two categories: community solar remote net metering versus utility solar. The Board determined that the law needs to indicate it is referring to Community Solar not a large commercial utility solar. - C. Anderson suggested the height limit be 17 feet rather than the 25 feet limit in the current draft. He pointed out that 25 feet is a detriment to a view shed. - J. Kiefer reminded everyone that the ZBA can grant permission to go taller. Like the lot size, this is dependent on the location of the panels. - There was a discussion about the appropriateness of solar placement in the front yard. - M. Moseley had pointed out that a house can be 35 feet tall so what is the difference between a house and solar panels. It comes down to aesthetics. - The Board agreed to require site plan review if the ground mounted small scale energy systems is going to be located in the front yard. - M. Hatch asked that the requirement that roof mounted panels be mounted at the same angle of the roof be removed. - J. Kiefer asked who determines if the land on which the panels are being built is considered a Unique Natural Area, has prime farmland, etc. Who decides that it has to go to the Planning Board for site plan review? The Board determined that it should be as determined by the Planning Department. - The Board further determined that they needed to add “The Town of Dryden Planning Department shall review and determine the correct path for all permitting requirements.” to the “Applicability” section of the law. - C. Anderson suggested adding compliance with the Commercial Design Guidelines to section 6C3 (Dryden Zoning Law compliance). - Set backs for front, side and rear yards will be 50 feet. - C. Anderson stated that bonds cannot be required for solar installations at this time so they changed to wording to indicate bonding might be required (with the hope that eventually bonding can be permitted). Dryden Planning Board October 27, 2016 Page 4 of 15 - D. Cipolla-Dennis pointed out that the applicant is required to offer a decommissioning plan and they should be able to estimate how much it will cost to decommission. As long as the poles are not cemented, they are easy to remove. The Dryden Planning Board was asked to comment on a proposed project in Groton, per GML 239-nn. The Planning Board thanked the Groton Board for their courtesy but they do not have any concerns. M. Moseley will contact the Groton Board. Due to the upcoming holidays, the Planning Board changed their meeting dates for the rest of the year. The November meeting will be held on the 10th and the December meeting will be held on the 21st. There being no further business, the meeting was adjourned at 9:28PM. Respectfully Submitted, Erin A. Bieber Deputy Town Clerk DRAFT Zoning for Solar Energy Law 1. Authority This Zoning for Solar Energy Law is adopted pursuant to [sections 261-263 of the Town Law, sections 7-700 through 7-704 of the Village Law, or sections 19 and 20 of the City Law] of the State of New York, which authorize the Town of Dryden to adopt zoning provisions that advance and protect the health, safety, and welfare of the community, and “to make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor.” 2. Statement of Purpose A. This Zoning for Solar Energy Law is adopted to advance and protect the public health, safety, and welfare of the Town of Dryden, including: 1) Taking advantage of a safe, abundant, renewable, and non-polluting energy resource; 2) Decreasing the cost of energy to the owners of commercial and residential properties, including single-family houses; and 3) Increasing employment and business development in the region by furthering the installation of Solar Energy Systems. 3. Word Usage and Definitions Dryden Planning Board October 27, 2016 Page 5 of 15 A. For the purposes of this chapter, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word “shall” shall be always mandatory and not merely directory. B. Definitions: 1) APPLICANT - Any person firm or corporation submitting an application to the Town of Dryden for a site plan review for a solar energy production facility. 2) BUILDING INTEGRATED PHOTOVOLTAIC SYSTEM - 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. 3) COMMERCIAL ACCESSORY FACILITY OR STRUCTURE - An accessory facility or structure serving or being used in conjunction with solar energy production facilities and located on the same property or lot as the solar energy production facility, including but not limited to, utility or transmission equipment storage sheds or cabinets. 4) GROUND-MOUNTED SOLAR ENERGY SYSTEM - 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 for onsite or offsite consumption. 5) LARGE-SCALE SOLAR ENERGY SYSTEM - A Solar Energy System that feeds electricity directly into the grid, is primarily for the purpose of onsite or offsite sale or electricity consumption, and is larger than two thousand (2,000) square feet in area of solar panels per lot. This system may be ground-mounted or roof-mounted. 6) NET METERING - 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. 7) PHOTOVOLTAIC SYSTEMS - A solar energy production system that produces electricity by the use of semiconductor devices photovoltaic cells that generate electricity when light strikes them. 8) ROOF-MOUNTED SOLAR ENERGY SYSTEM - A solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity or providing heat and/or domestic hot water for onsite or offsite consumption. This system may be roof-mounted or a Building- Integrated Photovoltaic System. Dryden Planning Board October 27, 2016 Page 6 of 15 9) SMALL-SCALE SOLAR - Solar energy production that has the primary function to serve the building(s) in which they are associated with on the same lot, but also may have the ability to sell small quantities of energy back to the electric utility provider and does not exceed two thousand (2,000) square feet in area of solar panels per lot. This system may be ground-mounted or roof- mounted and can be a Building-Integrated Photovoltaic System or a Solar Thermal System. 10) SOLAR ACCESS - Space open to the direct rays of the sun and clear of overhangs, buildings or shade including building orientation so as to permit the active or passive solar collection on individual properties. 11) SOLAR COLLECTOR - A photovoltaic cell, panel or array, which relies upon solar radiation as an energy source for the generation of electricity. 12) SOLAR EASEMENT - A document recorded pursuant to NYS Real Property Law 335-b, the purpose of which is to secure the right to receive sunlight across real property of another for continued access to sunlight necessary to operate a solar collector. 13) SOLAR ENERGY EQUIPMENT - Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy. 14) SOLAR ENERGY SYSTEM - An electrical generating system composed of a combination of both Solar Panels, Solar Thermal Systems, and Solar Energy Equipment.[DCD1] 15) SOLAR PANEL - A photovoltaic device capable of collecting and converting solar energy into electrical energy. 16) SOLAR THERMAL SYSTEMS – A system in which water or other liquid is directly heated by the sunlight. The heated liquid is then used for the purposes such as space heating and cooling, domestic hot water and the heating of swimming pools. 4. Applicability A. The requirements of this law shall apply to all Solar Energy Systems installed or modified after its effective date, excluding general maintenance and repair and Building-Integrated Photovoltaic Systems.[DCD2] B. The installation of any Solar Energy System(s), as provided in this local law, does not carry with it a right to a clear line of sight to the sun. It should be understood that an applicant, installer, or developer has the responsibility to make sure that the Solar Energy System(s) are positioned in such a way that they will achieve optimal energy production. It shall be the responsibility of the applicant, installer, or developer to gain any and all easements or agreements to maintain a line of site to the sun if necessary. Dryden Planning Board October 27, 2016 Page 7 of 15 5. Solar as an Accessory Use or Structure A. Roof-Mounted Solar Energy Systems. 1) Roof-Mounted Solar Energy Systems that use the electricity onsite or offsite are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure. 2) Height. Solar Energy Systems shall not exceed the maximum height restrictions of the zoning district within which they are located and are provided the same height exemptions granted to building-mounted mechanical devices or equipment. 3) Aesthetics. Roof-Mounted Solar Energy System installations shall incorporate the following design requirements: a. 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. 4) All Roof-Mounted Solar Energy Systems that use the energy onsite or offsite shall be exempt from site plan review under the local zoning code or other land use regulations, unless such Roof-Mounted system increases the overall height of the structure by six (6) feet or more, at which time site plan review by the Planning Board shall be required. 5) All Roof-Mounted Solar Energy Systems must file a building permit application with the Building Code Department, and obtain a valid building permit, prior to starting the project B. Ground-Mounted Small-Scale Solar Energy Systems. 1) Ground Mounted Small-Scale Solar Energy systems shall not be located in the following areas, unless otherwise approved by the Planning Board in conjunction with a site plan review process as provided in Article XI of the Town of Dryden Zoning Law: a. Prime farmland soils as identified by the Town of Dryden soil analysis maps. b. Areas of potential environmental sensitivity, like Unique Natural areas, Steep Slope areas, and wetlands as identified by Tompkins County Planning Department mapping services and New York State Department of Conservation and United State Army Corps of Engineers. c. Development is prohibited on slopes of greater than fifteen (15%) percent unless the applicant can demonstrate through engineering Dryden Planning Board October 27, 2016 Page 8 of 15 studies and to the satisfaction of the Town Engineer that the proposed development will cause no adverse environmental impact that will not be satisfactorily mitigated. 2) Ground Mounted Small-Scale Solar Energy systems that use the electricity primarily onsite are permitted as accessory structures and shall adhere to the following: a. Height and Setback. Ground-Mounted Solar Energy Systems shall not exceed twenty-five (25) feet in height on average, and the setback requirements of the underlying zoning district shall apply. b. Lot Coverage. Systems are limited to the underlying zoning district. The surface area covered by Ground-Mounted Solar Panels shall be included in total lot coverage and not exceed the maximum lot coverage as permitted in the underlying zoning district. 3) Ground Mounted Small-Scale Solar Energy systems that use the electricity primarily onsite shall be exempt from site plan review under the local zoning code or other land use regulations. 6. Approval Standards for Large-Scale Solar Systems as a Special Use[DC3][M4] A. Large-Scale Solar Energy Systems are permitted through the issuance of a special use permit within Conservation, Rural Agriculture, Rural Residential, Mixed-Use Commercial, and Light Industrial Zoning Districts, subject to the requirements set forth in this Section, including site plan approval. Applications for the installation of a Large-Scale Solar Energy System shall be reviewed by the Zoning Enforcement Officer and referred, with comments, to the Town Board for its review and action, which can include approval, approval on conditions, and denial. 1) Large-Scale Solar Energy Systems for active farming or agricultural uses, where the generation is less than one hundred and ten (110) percent of the farm need and use, shall be exempt from a Special Use Permit. B. Large-Scale Solar Energy Systems shall not be located in the following areas unless otherwise approved by the Town Board in conjunction with the Special Use Permit approval process as provided in this chapter: 1) Prime farmland soils as identified by the Town of Dryden soil analysis maps. 2) Areas of potential environmental sensitivity, like Unique Natural areas, Steep Slope areas, and wetlands as identified by Tompkins County Planning Department mapping services and New York State Department of Conservation and United State Army Corps of Engineers. 3) On slopes of greater than fifteen (15%) percent unless the applicant can demonstrate through engineering studies and to the satisfaction of the Town Dryden Planning Board October 27, 2016 Page 9 of 15 Engineer that the proposed development will cause no adverse environmental impact that will not be satisfactorily mitigated. C. No Special Use Permit or renewal thereof or amendment of a current Special Use Permit relating to a Large-Scale Solar Systems shall be granted by the Town Board unless it finds that such Large-Scale Solar System: 1) Conforms with all federal and state laws and all applicable rules or regulations promulgated by the Federal Aviation Administration (the “FAA”) or any other federal agencies having jurisdiction. 2) Is designed and constructed in a manner which minimizes visual impact to the extent practical. 3) Complies with all other requirements of the Town of Dryden Zoning Law, unless expressly superseded herein. 4) Is the most appropriate site among those available within the technically feasible area for the location of a Large-Scale Solar Systems. 5) Is situated on the lot on which it is to be developed in such a manner and location as to allow for development of any portion of the Town’s Greenway that is also to be located on such lot in accordance with the Town’s Greenway Plan or any modification thereof as determined by the Town Board. 6) Is located on a single lot. 7) Complies with the setback, frontage, minimum lot size, and yard standards of the underlying zoning district in which the Large-Scale Solar System is constructed. 8) Is located on lots with a minimum lot size of five (5) acres and shall not exceed fifteen (15) acres. 9) Does not exceed twenty-five (25) feet in height on average, and the setback requirements of the underlying zoning district shall apply. 10) Is not on a slope of greater than fifteen (15%) percent unless the applicant can demonstrate through engineering studies and to the satisfaction of the Town Board that the proposed development will cause no adverse environmental impact that will not be satisfactorily mitigated. 11) Has a panel surface area that does not exceed the maximum lot coverage as permitted in the underlying zoning district. The Town Board shall have the authority to allow and approve for the Large-Scale Solar System to exceed the lot coverage area in all districts that the Large-Scale Solar Systems are permitted only by way of the Special Use Permit approval process.[DCD5][M6] D. Special Use Permit Application Requirements. For a special permit application, the site Dryden Planning Board October 27, 2016 Page 10 of 15 plan application is to be used as supplemented by the following provisions and shall include, but not be limited, to the following: 1) A completed project application form in such detail and containing such information as the Town Board may require. 2) In fulfilling the requirements of the State Environmental Quality Review Act (“SEQRA”), the Town Board may require a Full Environmental Assessment Form (“EAF”) for the proposed Large-Scale Solar System. A Visual Environmental Assessment Form (Visual EAF) may be required as an addendum thereto. The Town Board may require submittal of a more detailed visual analysis based on the results of the Visual EAF. 3) Site plan in accordance with the requirements of this section including, without limitation: a. Documentation that demonstrates the need for the Large Scale Solar Energy System [M7]. b. Name, address and phone number of the person preparing the reports. c. Postal address and Tax Map parcel number of the property. d. Zoning district or designation in which the property is situated. e. The exact location including geographic coordinates of the proposed Large-Scale Solar System including any solar arrays, equipment and anchors, if applicable. f. Identification on site plans of Areas of Potential Sensitivity, including nearby flood plains, historic sites, wetlands, airports, Unique Natural Areas, New York State-owned lands, conservation easements, trails, and prime soils. g. The maximum height of the proposed facility, including all appurtenances. h. A detail of solar panel array type, if any, including but not limited to equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed; The proposed solar energy production capacity design level proposed for the facility and the basis for the calculations of the area of the solar energy production facility's capacity. i. The location, type and intensity of any lighting on the site. j. Property boundaries and names of all adjacent landowners; Dryden Planning Board October 27, 2016 Page 11 of 15 k. If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted. The lease document must clearly delineate the party responsible and the procedure for decommissioning at the end of the life of the system and in the event the owner of the system abandons the system for any reason. l. The location of all other structures on the property. m. If designing over new or existing parking spaces, the array shall be designed to accommodate for emergency vehicle access. The design may include, but not be limited to, items such as the height, access ways for vehicles, firefighting capabilities, and other prominent features. n. Blueprints and a site plan showing the layout of the Large-Scale Solar System must bear the seal of a design professional licensed to practice in New York State. o. Description of continuing photovoltaic maintenance and property upkeep, such as mowing and trimming. p. The location, nature and extent of any proposed fencing, landscaping and screening. q. The location and nature of any proposed utility easements and access roads or drives. r. A glare assessment survey and any mitigation efforts that may be utilized to minimize glare on contiguous parcels of land and. s. A Decommissioning plan as set in the below provisions titled “Abandonment and Decommissioning”. E. Special Use Permit Standards. 1) Appearance and Buffering: a. The Large Scale Solar Energy System shall have the least visual effect practical on the environment, as determined by the Town Board. The system shall be disguised or camouflaged to blend in with the surroundings to the extent possible without impairing the ability of the system to perform its designed function. b. Any glare produced by the solar array shall not impair or make unsafe the use of contiguous structures, any vehicles on or off the road, any airplanes, or other possible impacted entities as determined by the Town Board. Dryden Planning Board October 27, 2016 Page 12 of 15 c. Any exterior lighting installed shall be installed as to have the least visual effect practical on the contiguous properties and shall be approved by the Town Board. d. The Town Board may require additional information, such as line-of- sight drawings, detailed elevation maps, visual simulations, before and after renderings, and alternate designs to more clearly identify adverse impacts for the purpose of their mitigation. e. Equipment or vehicles not used in direct support, renovations, additions or repair of any Large Scale Solar Energy System shall not be stored or parked on the facility site. 2) Environmental: a. In consideration of whether a Special Use Permit should be granted for a Large-Scale Solar Energy System installation should be discouraged near areas of Potential Sensitivity, including nearby flood plains, historic sites, wetlands, airports, UNAs, state-owned lands, conservation easements, trails, and prime soils[DCD8][M9] 3) Access and Parking: a. Large Scale Solar Energy Systems shall be enclosed by fencing to prevent unauthorized access. Warning signs with the owner’s name and emergency contact information shall be placed on any access point to the system and perimeter of the fencing. The fencing and the system shall be further screened by any landscaping or decorative fencing needed to avoid adverse aesthetic impacts as approved by the Town Board. b. Motion-activated or staff-activated security lighting around the equipment area of a Large scale solar facility or accessory structure entrance may be installed provided that such lighting does not project off the site. Such lighting should only be activated when the area within the fenced perimeters has been entered. c. A locked gate at the intersection of the access way and a public road may be required to obstruct entry by unauthorized vehicles. Such gate must be located entirely upon the lot and not on the public right-of-way. 4) Engineering and Maintenance: a. Site plans for a Large Scale Solar Energy System must bear the seal of a design professional licensed to practice in the State of New York. Every facility shall be built, operated and maintained to acceptable industry standards, including but not limited to the most recent, applicable standards of the Institute of Electric and Electronic Engineers Dryden Planning Board October 27, 2016 Page 13 of 15 (“IEEE”) and the American National Standards Institute (“ANSI”). b. The Town, at the expense of the applicant, may employ its own consultant(s) to examine the application and related documentation and make recommendations as to whether the criteria for granting the Special Use Permit have been met, including whether the applicant’s conclusions regarding safety analysis, visual analysis, structural inspection, and stormwater management aspects are valid and supported by generally accepted and reliable engineering and technical data and standards. c. Any application under this Section shall meet any substantive provisions contained in local site plan requirements in the Dryden Zoning Code that, in the judgment of the Town Board, are applicable to the system being proposed. 5) The Town Board may impose conditions on its approval of any special use permit under this Section in order to enforce the standards referred to in this Section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA). 7. Fees and Deposits: A. The fees for a Special Use Permit application for a Large Scale Solar Energy System shall be six hundred (600) dollars for the Special Use Permit review. B. Any applicable application or other fees, including any deposits required by the Town to pay the costs of any consultants retained by the Town as provided herein. C. In addition to the delivery of the fees described at in the above section “Engineering and Maintenance”, the applicant shall deliver with its application an amount equal to one percent (1%) of the estimated cost of the project. This sum shall be held by the Town in a non-interest bearing account, and these funds shall be available to the Town to pay consultants engaged by the Town to assist in review of the application. Following grant or denial of the application, the Town shall return to the applicant any excess remaining in escrow. If the escrow account has been depleted prior to grant or denial of the application, the applicant shall deposit such funds as are then necessary for the Town to pay any outstanding fees to said consultants. D. A Building Permit Application Fee for a Large Scale Solar Energy System shall be a base fee of two (200) hundred dollars plus four (4) dollars per thousand of estimated cost. E. A Building Permit Application Fee for a Small Scale Solar System shall be a base fee of fifty (50) hundred dollars plus two (2) dollars per thousand of estimated cost. 8. Building Permits: Dryden Planning Board October 27, 2016 Page 14 of 15 A. A holder of a disposure or approval from the Town Board granted under this chapter 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 disposure of approval from the Town Board for a Solar Energy System 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 or United States, including but not limited to the most recent editions of the 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. C. Unless waived by the Town Board, there shall be a pre-application meeting for the building permit application. The purpose of the pre-application meeting will be to address issues which will help to expedite the review and permitting process. A pre- application meeting may also include a site visit, if required. Costs of the Town's consultants to prepare for and attend the pre-application meeting will be borne by the applicant.[DCD10][M11] D. The applicant shall furnish written certification that the Solar Energy System, foundation and attachments are designed and will be constructed ("as built") to meet all local, county, state and federal structural requirements for loads, including wind and snow loads. If the solar system is subsequently approved and constructed, similar as- built certification indicating that the facility has been constructed in accordance with all standards shall be furnished prior to the Town issuance of any certificate of occupancy or compliance. E. After construction and prior to receiving a certificate of compliance, the applicant shall furnish written certification that the Solar Energy System is grounded and bonded so as to protect persons and property and installed with appropriate surge protectors by a certified and approved NYS Licensed Electrical Inspector. 9. Right to Inspect: A. In order to verify that the Solar Energy System and any and all lessees, renters and/or licensees of Solar Energy System place and construct such facilities, 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 may inspect all facets of said disposure approval holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities. Dryden Planning Board October 27, 2016 Page 15 of 15 B. Any Special Inspectors required by the Dryden Building Department shall be at the expense of the applicant. 10. Abandonment and Decommissioning A. At the time of submittal of the application for a Special Use Permit for a Large Scale Solar Energy System, the applicant shall submit and agree to the performance of a decommissioning plan that includes the removal of all solar equipment, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, gates, accessory equipment or structures. If such facility becomes technologically obsolete or ceases to perform its originally intended function for more than six (6) consecutive months, the Town may require its removal in accordance with the decommissioning plan. Upon removal of said facility, the land shall be restored to its previous condition, including but not limited to the seeding and sodding, as appropriate depending upon the season of the work, of exposed soils. B. At the time of obtaining a building permit, the applicant must provide a financial security bond for removal of the Large Scale Solar Energy System and property restoration, with the municipality as the assignee, in an amount approved by the Town Board, but not less than fifty thousand ($50,000) dollars. Upon any amendment of the Special Use Permit, the Town Board may adjust the required amount to the financial security bond to adequately cover increases in the cost of removal of the Large Scale Solar Energy System and property restoration. If the Large-Scale Solar System is not decommissioned after being considered abandoned, the municipality may remove the system and restore the property and impose a lien on the property to cover these costs to the municipality C. All other Solar Energy Systems shall be considered abandoned after 6 months without electrical energy generation and must be removed from the property. Applications for extensions will be reviewed by the Town Board for a period of no more than 24 months. 11. Enforcement Any violation of this Zoning Solar Energy Law shall be subject to the same civil and criminal penalties provided for in the zoning regulations of the Town of Dryden. 12. Severability The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision or phrase of the aforementioned sections as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision or phrase, which shall remain in full force and effect.