HomeMy WebLinkAbout2019 #2 Solar Law (Addendum to Site Plan Review Law)Town of Enfield Local Law #2 of 2019
Town of Enfield Addendum to the Site Plan Review Law
(Solar Energy Law Addendum)
Approved August 27, 2019 – Enfield Town Board
1.Authority
This local law Addendum to the Site Plan Review Law for the Town of Enfield, to be titled the
“Solar Energy Law Addendum”, is adopted pursuant to Section 10 of the State of New York
Municipal Home Rule Law and Section 130 and Article 16 of the New York State Town Law to
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 Solar Energy Law Addendum is adopted to advance and protect the public
health, safety, and welfare of Town of Enfield, including:
1)Taking advantage of a safe, abundant, and renewable energy resource;
2)Decreasing the cost of energy to the owners of commercial and residential
properties, including single-family houses;
3)Increasing the benefit of solar energy to low-to-moderate income households
through community solar projects;
4)Protecting our environment and resources for future generations by
minimizing the impacts of Solar Energy Systems on environmental
resources such as important agricultural lands, forests, wildlife and other
protected resources;
5)Managing commercial renewable energy development to provide a balance
between energy needs that protect our environment and respect for our rural
agricultural landscape; and
6)Maintaining a balance between property rights of individual landowners and
the community at large.
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3.Definitions
The definitions of the Site Plan Review Law shall apply unless otherwise indicated in this
Addendum.
BUILDING-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 for onsite
or offsite consumption. A Building-Mounted Solar Energy System shall include any Solar
Thermal Energy Systems that meet the definition in the preceding sentence.
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. A Ground-Mounted Solar Energy System shall include any Solar Thermal Energy
Systems that meet the definition in the preceding sentence.
LARGE-SCALE SOLAR ENERGY SYSTEM - A Solar Energy System that feeds electricity
directly into the grid, is ground mounted and is larger than four thousand (4,000) square feet in
total area, including solar collectors, the enclosure and/or fence surrounding the Solar Energy
System per each lot or per adjacent lots under common ownership or under common
operation. A Large-Scale Solar Energy System shall include any Solar Thermal Energy
Systems that meet the definition in the preceding sentence.
PERMITTEE – The party holding a Solar Permit granted pursuant to this Solar Energy Law.
QUALIFIED SOLAR INSTALLER – A person who has skills and knowledge related to the
construction and operation of solar electrical equipment and installations, and has received
safety training on the hazards involved. Persons who are on the list of eligible photovoltaic
installers maintained by the New York State Energy Research and Development Authority
(NYSERDA), or who are certified as a solar installer by the North American Board of Certified
Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the
purposes of this definition.
SOLAR ENERGY EQUIPMENT - Electrical energy storage devices, material, hardware,
inverters, or other electrical equipment, infrastructure, and conduit of photovoltaic devices
associated with Solar Panels and with the production of electrical energy.
SOLAR ENERGY SYSTEM - An electrical generating system composed of a combination of
both Solar Panels and Solar Energy Equipment.
SOLAR PANEL - A photovoltaic device capable of collecting and converting solar energy into
electrical energy.
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SOLAR PERMIT – A permit issued by the Planning Board pursuant to the provisions of this
law for the construction and operation of a Large-Scale Solar Energy System.
SOLAR THERMAL ENERGY SYSTEMS - Solar hot water technology consisting of solar
thermal equipment and any related Solar Energy Equipment. Thermal energy is transferred to
a heat transfer system via a collector and heat exchanger.
STORAGE BATTERIES: Devices that store energy and make it available in an electrical
form.
4.Applicability
The requirements of this law shall apply to all Solar Energy Systems installed or modified after
the law’s effective date, excluding general maintenance and normal repairs of such Solar
Energy Systems. Any repairs that are material in nature, in the judgment of the Planning
Board, shall be subject to the requirements of this law. The requirements of this law must be
met and a Solar Permit issued prior to or simultaneously with the application for or receipt of
any required building permits.
The installation of any Solar Energy System, as provided by this law, does not carry with it a
right to a clear line of sight to the sun. It is the responsibility of the applicant, installer or
developer to gain any and all permits, easements or agreements to maintain a line of sight to
the sun, if necessary.
5.Solar as an Accessory Use or Structure
A.Building-Mounted Solar Energy Systems.
1)Building-Mounted Solar Energy Systems that use the electricity onsite or
offsite are permitted as an accessory use when attached to any lawfully
permitted building or primary structure.
2)Height. Notwithstanding anything in the Site Plan Review Law to the
contrary, Building-Mounted Solar Energy Systems shall require a site
plan review by the Planning Board pursuant to the provisions of the Site
Plan Review Law if such Solar Energy System would result in an increase
of the overall structure height by six (6) feet or more.
3)Except as provided in paragraph 5.A.2) above or except as otherwise part
of a project that is subject to review under Article II of the Site Plan
Review Law, Building-Mounted Solar Energy Systems that use the
energy onsite or offsite shall be exempt from site plan review under the
Site Plan Review Law.
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B.Ground-Mounted Solar Energy Systems.
1)Ground-Mounted Solar Energy Systems, other than Large-Scale Solar
Energy Systems, are permitted as accessory structures for residential
use and, except as provided in paragraph 5.B.2) below or except as
otherwise part of a project that is subject to review under Article II of the
Site Plan Review Law, shall be exempt from any site plan review under
the Site Plan Review Law.
2)Height. Notwithstanding anything in the Site Plan Review Law to the
contrary, Ground-Mounted Solar Energy Systems shall require a site plan
review by the Planning Board pursuant to the provisions of the Site Plan
Review Law if such Ground-Mounted Solar Energy System would exceed
twenty (20) feet in height.
3)Setback. Any Solar Energy Equipment and any related fencing or other
enclosures, other than Large-Scale Solar Energy Systems and related
fencing and other enclosures, shall be setback at least twenty (20) feet
from the side and back lines of the property owner’s lot and at least fifty
(50) feet from the centerline of any road bordering on such lot. In the
event the property has no road frontage or is a flag lot, the setback shall
be at least twenty (20) feet from all sides of the lot. For setback
requirements for Large-Scale Energy Systems, see Section 6.C.2. of this
Addendum.
C.Storage Batteries. When Storage Batteries are included as a part of the Solar
Energy System, they must be placed in a secure container or enclosure when in
use. Storage Batteries no longer in use must be disposed of in a timely manner
in accordance with the laws and regulations of the Town of Enfield, Tompkins
County, New York State, and all other applicable laws and regulations.
6.Approval Standards for Large-Scale Solar Systems for a Solar Permit
A.Large-Scale Solar Energy Systems are permitted through the issuance of a Solar
Permit, subject to the requirements set forth in this Section and Section 7, including
a site plan review pursuant to the provisions of the Site Plan Review Law.
Notwithstanding anything in the Site Plan Review Law to the contrary, applications
for the installation of a Large-Scale Solar Energy System shall be reviewed by the
Planning Board which can include approval, approval with conditions, or denial.
B.Solar Permit Application Requirements for a Solar Permit. The site plan application
process under the Site Plan Law is to be used as supplemented by the following
provisions:
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1)If the project is to be located upon lands owned by a third party, then proof of
appropriate rights of use for the project duration shall be submitted in their full
and complete form, whether they are licenses, easements, leases or other
rights in title or estates in land.
2)Site Plans showing the layout of the Solar Energy System signed by a
registered professional engineer licensed in the State of New York. The
Town reserves the right to have an applicant’s engineering drawings,
opinions, or conclusions reviewed by an engineer hired by the Town, the cost
of which shall be reimbursed by the applicant.
3)The equipment specification sheets shall be documented and submitted for all
significant components, including but not limited to, photovoltaic panels,
mounting systems, and inverters that are to be installed.
4)A Property Operation and Maintenance Plan shall be submitted. Such plan
shall describe continuing photovoltaic maintenance and property upkeep,
such as mowing and trimming. No chemical herbicides or pesticides shall be
used in the project.
5)Projected production plans showing the annual amount of energy that will be
generated and transmitted for each one year period during the life of the
project.
6)A glare assessment survey and a complaint and mitigation plan reasonably
acceptable to the Planning Board to address glare on other parcels of land on
an ongoing basis during the life of the project.
7)A Decommissioning Plan shall be submitted. See Abandonment and
Decommissioning in Section 7.B.
8)A general complaint plan, with a procedure for determining mitigation, that is
reasonably acceptable to the Planning Board shall be submitted.
9)No Solar Permit may be transferred to a new owner and/or operator of a
Large-Scale Solar Energy System without the prior approval of the Planning
Board. Such approval shall be conditioned upon a written assumption by the
new owner and/or operator of any and all requirements imposed upon the
original owner and/or operator, including, without limitation, evidence that the
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new owner and/or operator has either assumed the existing financial surety
required under Section 7.B. or has secured an equivalent financial surety,
reasonably acceptable to the Town Board, in its place. Failure to comply with
these requirements will be deemed an abandonment of the Large-Scale Solar
Energy System pursuant to Section 7,B. shall be subject to the terms and
provisions of Section 7.B. as such.
C.Solar Permit Standards.
1)Height. Large-Scale Solar Energy Systems shall not exceed twenty (20)
feet in height unless a variance is approved by the Planning Board pursuant to
the standards set forth in Section 3.1 of the Site Plan Review Law or any
successor provisions.
2)Setbacks. Any Solar Energy Equipment and any related fencing or other
enclosures of a Large-Scale Solar Energy System shall be setback at least
thirty (30) feet from the side and back lines of the property owner’s lot and
at least one hundred twenty five (125) feet from the centerline of any road
bordering on such lot. In the event the property has no road frontage or is
a flag lot, the setback shall be at least thirty (30) feet from all sides of the
lot.
3)Lot Size. Large-Scale Energy Systems shall be located on lots with a
minimum lot size of 5 acres.
4)Lot Coverage. The enclosed or fenced in area of a Large-Scale Solar Energy
System shall not exceed 60% of the lot on which it is installed.
5)Storage Batteries. When storage Batteries are included as a part of the
Solar Energy System, they must be placed in a secure container or
enclosure when in use. Storage Batteries no longer in use must be
disposed of in a timely manner in accordance with the laws and regulations
of the Town of Enfield, Tompkins County, New York State, and all other
applicable laws and regulations.
6)Fencing. All Large-Scale Solar Energy Systems shall be enclosed by fencing
to prevent unauthorized access. Warning signs with the emergency contact
information shall be placed on the entrance and perimeter of the fencing as
required in the judgment of the Planning Board. The type of fencing shall be
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approved by the Planning Board and shall be a maximum of 8 feet and a
minimum of 6 feet in height.
7)Screening. The Planning Board may require screening by landscaping to
avoid adverse aesthetic impacts.
8)Utility Connections. To the extent reasonably practicable, all utility
connections for any Large-Scale Solar Energy Systems shall be placed
underground, depending upon the appropriate soil conditions, shape and
topography of the site and any requirements of the utility provider. Electrical
transformers for utility connections may be above ground if required by the
utility provider.
9)Lighting. The Planning Board may permit motion-activated or staff-activated
security lighting around the equipment of a Large-Scale Solar Energy System
or accessory structure. Such lighting should only be activated when the area
within the fenced perimeter has been entered. Lighting shall be limited to that
minimally required for safety and operational purposes and shall be
reasonably shielded and downcast from abutting properties.
10) Liability Insurance during Construction. The developer of a Large-
Scale Solar Energy System shall provide proof of liability insurance with a
minimum coverage requirement of $1 million per occurrence and a $2 million
aggregate coverage, that names the Town of Enfield as an additional named
insured party, during the construction period of the project.
11) Liability Insurance during Operation. The owner and/or operator of a
Large-Scale Solar Energy System shall provide annual proof of liability
insurance with a minimum coverage requirement of $1 million per occurrence
and a $2 million aggregate coverage, that names the Town of Enfield as an
additional named insured party, during the operational period of the project.
12) Site Plan Review. Notwithstanding anything to the contrary in the Site
Plan Review Law, any application under this Section shall meet any
substantive provisions contained in site plan requirements of the Site Plan
Review Law that, in the judgment of the Planning Board are applicable to the
system being proposed. In addition, notwithstanding anything to the contrary
in the Site Plan Review Law, the Planning Board may approve waivers
pursuant to the standards set forth in Section 3.1 of the Site Plan Review Law
or any successor provisions.
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13) SEQRA. Permit applications shall be deemed unlisted action under
SEQRA. In fulfilling the requirements of the SEQRA, the Planning Board may
require a Full Environmental Assessment Form for the proposed Large-Scale
Solar Energy System.
14) Notifications. Notwithstanding anything to the contrary in the Site Plan
Review Law or SEQRA, any notifications required pursuant to the Site Plan
Review Law or SEQRA with respect to any Solar Energy System shall be sent
to all landowners within one (1) mile of the boundary of the parcel on which
the proposed site is located.
15) Qualified Solar Installer. The project must be installed by a Qualified
Solar Installer.
16) Every Solar Energy System 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
(“IEEE”) and the American National Standards Institute (“ANSI”).
17) In order to verify that the Solar Energy System’s owners and any and
all lessees, renters and/or operators of the Solar Energy System place,
construct, modify and maintain such Systems, including solar collectors and
solar inverters, in accordance with all applicable technical, safety, fire,
building codes, laws, ordinances and regulations and other applicable
requirements, the Town may inspect all facets of said System’s placement,
construction, modification and maintenance. Any inspections required by the
Planning Board that are beyond its scope or ability shall be at the expense of
the applicant and/or the operator of the System.
18) Other. The Planning Board may impose conditions on its approval of
any Solar Permit under this Section in order to enforce the standards referred
to in this Section or in order to discharge its obligations under SEQRA.
D.Large-Scale Solar Energy Systems shall not be located in the following areas
unless otherwise approved by the Planning Board in conjunction with the Solar
Permit approval process provided in this section:
1)Prime farmlands soils as identified by the USDA-NRCS or alternative
available resources;
2)Areas of potential environmental sensitivity, including Unique Natural Areas
as designated by the Tompkins County Environmental Management Council,
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flood plains, historic sites, airports, state-owned lands, conservation
easements, trails, parkland, prime soils, and wetlands as identified by
Tompkins County, the New York State Department of Environmental
Conservation or the United States Army Corps of Engineers; and
3)On slopes of greater than fifteen percent (15%), unless the applicant can
demonstrate through engineering studies and to the satisfaction of the
Planning Board that the proposed development will cause no adverse
environmental impact that will not be satisfactorily mitigated.
E.The Planning Board, 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 Solar Permit has been
met, including, but not limited to, whether the applicant’s conclusions regarding
safety analysis, visual analysis, structural inspection, and storm water management
aspects are valid and supported by generally accepted and reliable engineering and
technical data and standards.
7.Abandonment and Decommissioning
A.Applicability and purpose. This section governing abandonment and
decommissioning shall apply to Large-Scale Solar Energy Systems. It is the purpose
of this section to provide for the safety, health, protection and general welfare of
persons and property in the Town of Enfield, by the Town requiring abandoned
Large-Scale Solar Energy Systems to be removed pursuant to a decommissioning
plan. The anticipated useful life of such systems, as well as the volatility of the
recently emerging solar industry where multiple solar companies have filed for
bankruptcy, closed or been acquired creates an environment for systems to be
abandoned, thereby creating a negative visual impact on the Town. Abandoned
commercial systems may become unsafe by reason of their energy-producing
capabilities, serve as an attractive nuisance and/or may create an environmental
hazard.
B.Abandonment. A Large-Scale Solar Energy System shall be deemed abandoned if
the system fails to generate and transmit electricity over a continuous period of one
year at a rate of at least 25% of its projected production based on the application
approved by the Planning Board for the project. A Large-Scale Solar Energy System
also shall be deemed abandoned if following site plan approval construction of the
system is not completed within 18 months of issuance of the first building permit for
the project.
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1) Extension of time. The time at which a Large-Scale Solar Energy System shall
be deemed abandoned may be extended by the Planning Board for an
additional period of up to one year, provided the system owner presents to the
Planning Board a viable plan, reasonably acceptable to the Planning Board,
outlining the steps and schedules for placing the system in service or back in
service within the time period of the extension. An application for an extension
of time shall be made to the Planning Board by the Large-Scale Solar Energy
System owner and/or operator prior to abandonment as defined herein.
Extenuating circumstances as to why the Large-Scale Solar Energy System
has not been operating or why construction has not been completed may be
considered by the Planning Board in determining whether to grant an
extension.
C.Removal required. A Large-Scale Solar Energy System which has been abandoned
shall be decommissioned and removed. The Large-Scale Solar Energy System
owner and/or owner of the land upon which the system is located shall be held
responsible to physically remove all components of the system within one year of
abandonment. Removal of the Large-Scale Solar Energy System shall be in
accordance with a decommissioning plan approved by the Planning Board.
D.Decommissioning and Removal.
1)Decommissioning and removal of a Large-Scale Solar Energy System shall
consist of:
(a)Physical removal of all above ground and below ground equipment, structures
and foundations, including but not limited to all solar arrays, buildings, security
barriers, fences, electric transmission lines and components, roadways and
other physical improvements to the site related to the Large-Scale Solar
Energy System;
(b)Disposal of all solid and hazardous waste in accordance with local, state and
federal waste disposal regulations;
(c)Restoration of the ground surface and soil;
(d)Stabilization and revegetation of the site with native seed mixes and/or plant
species (excluding invasive species) to minimize erosion.
2)Upon petition to the Planning Board, the Planning Board shall permit the system
owner and/or landowner to leave certain underground or above ground
improvements in place, provided the owner can show that such improvements
are part of a plan to redevelop the site, are not detrimental to such
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redevelopment, and do not adversely affect community character or the
environment.
E. Solar Permit conditions. The following conditions shall apply to all Solar Permits
issued for a Large-Scale Solar Energy System. No Solar Permit shall be issued
unless the Planning Board finds that the conditions have been or will be met.
1) Decommissioning plan. All applications for a Large-Scale Solar Energy System
shall be accompanied by a decommissioning plan to be implemented upon
abandonment and/or in conjunction with removal of the system. The
decommissioning plan shall address those items listed in the above section and
include:
(a)An estimate of the anticipated operational life of the system;
(b)Identification of the party responsible for decommissioning;
(c)Description of any agreement with the landowner regarding
decommissioning;
(d)A schedule showing the time frame over which decommissioning will occur
and for completion of site restoration work;
(e)A certified and sealed cost estimate prepared by a qualified structural
engineer or professional engineer, who shall be reasonably acceptable to the
Planning Board, estimating the full cost of decommissioning and removal of
the solar PV system, including, but not limited to, the cost of solid waste
disposal and the cost to clean-up any hazardous waste leakage on the
property. No scrap value shall be taken into account for purposes of
estimating these decommissioning and removal costs. The Planning Board
shall have the sole discretion to require a structural engineer or a
professional engineer and regardless of which type of engineer is chosen,
such engineer shall be licensed by the State of New York. The Planning
Board shall have the right, in its sole discretion, to have this estimate
reviewed by an independent structural engineer at the system owner’s and/or
operator’s expense;
(f)A financial plan to ensure that financial resources will be available to fully
decommission the site.
1) Financial surety. Prior to the issuance of a building permit and every two
years thereafter, the Large-Scale Solar Energy System owner and/or operator
shall file with the Town evidence of financial security to provide for one hundred
twenty five percent (125%) of the full cost of decommissioning and removal of
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the solar PV system, which amount shall automatically be increased by two
percent (2%) the following year. Evidence of financial security shall be in effect
throughout the life of the system and shall be, in the sole discretion of the Town
Board, either in the form of an irrevocable letter of credit or cash security
acceptable to the Town Board. The irrevocable letter of credit shall include an
auto extension provision if possible, to be issued by an A-rated institution solely
for the benefit of the Town and for the benefit of the landowner if the land is
leased to the operator of the system. Any letter of credit shall provide that issuer
shall notify the Town in the event such letter of credit is canceled or otherwise
terminated which notice shall be made no later than seven (7) business days
after such event. The Town shall be entitled to draw on the letter of credit in the
event that the Large-Scale Solar Energy System owner and/or landowner is
unable or unwilling to commence decommissioning activities within the time
periods specified herein. In the event a demand for decommissioning is made by
the Town to a landowner that leases his or her property to the operator of the
system, such landowner may also be entitled to draw on such letter of credit if
the owner and/or operator of such system is unable or unwilling to commence
decommissioning activities within the time periods specified herein. No other
parties, including the owner and/or operator shall have the ability to demand
payment under the letter of credit. Upon completion of decommissioning, the
owner and/or landowner may petition the Town to terminate the letter of credit.
In the event ownership of the system is transferred to another party, the new
owner (transferee) shall file evidence of financial security with the Town at the
time of transfer, and every two years thereafter, as provided herein. Failure to
keep a surety in place as required by this law shall result in the revocation of the
Solar Permit and the termination of the project unless and until such surety is
restored; provided, however, that any lapse of a surety in excess of 180 days
shall be deemed an abandonment of the project pursuant to Section 7.F. herein
and subject to complete decommissioning in accordance with this law.
2) Amount. The amount of the surety shall be determined by the Town Board
based upon a current estimate of decommissioning and removal costs as
provided in the decommissioning plan and subsequent bi-annual reports
required pursuant to paragraph 3 below. For purposes of this determination,
any subsequent bi-annual decommissioning report shall be required to meet the
same requirements set forth in Section 7.E.1.e. as the original decommissioning
cost estimate. The amount of the surety shall be adjusted by the Town Board
as appropriate upon receipt of a bi-annual report containing an updated cost
estimate for decommissioning and removal.
3) Annual report. The Large-Scale Solar Energy System owner and/or operator
shall on a yearly basis provide the Town Clerk a report showing the rated
capacity of the system and the amount of electricity that was generated by the
system and transmitted to the grid over the most recent twelve-month period
compared to the amount of energy that was projected to be generated in the
application approved by the Planning Board. The Town Clerk shall forward such
report to the Town Board, the Planning Board and the Code Enforcement
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Officer within five (5) business days of receipt of the report. The report shall
also identify any change in ownership of the Solar Energy System and/or the
land upon which the system is located and shall identify any change in the party
responsible for decommissioning and removal of the system upon its
abandonment. The annual report shall be submitted no later than 45 calendar
days after the end of the calendar year. Every second year, to coincide with the
filing of evidence of financial security, such report shall also include a
recalculation of the estimated full cost of decommissioning and removal of the
Large-Scale Solar Energy System in accordance with the provisions of this
Section 7. The Town shall require an adjustment, as appropriate, in the amount
of the surety to reflect any changes in the estimated cost of decommissioning
and removal. Failure to submit a report as required herein shall be considered a
violation of Section 7 of this Solar Energy Law.
F. Decommissioning and removal by Town. If the Large-Scale Solar Energy System
owner and/landowner fails to decommission and remove an abandoned facility in
accordance with the requirements of this section, the Town may enter upon the
property to decommission and remove the system.
1) Procedure
(a)Upon a determination by the Planning Board that a Large-Scale Solar
Energy System has been abandoned, the Code Enforcement Officer shall
notify the system owner, landowner and permittee by certified mail: (a) in
the case of a facility under construction, to complete construction and
installation of the facility within 180 calendar days; or (b) in the case of a
fully constructed facility that is operating at a rate of less than 25% of its
projected production level as outlined in the application approved by the
Planning Board, to restore operation of the facility to no less than 80% of
rated capacity within 180 calendar days, or the Planning Board will deem
the system abandoned and commence action to revoke the Solar Permit
and require removal of the system.
(b)Being so notified, if the system owner, operator, landowner and/or
Permittee fails to perform as directed by the Code Enforcement Officer
within the 180 day period, the Code Enforcement Officer shall notify the
system owner, operator, landowner and permittee, by certified mail, that
the Large-Scale Solar Energy System has been deemed abandoned and
the Town intends to revoke the Solar Permit within 60 calendar days of
mailing said notice. The notice shall also state that the Permittee is entitled
to appeal the decision of the Planning Board to the Town Board. The
Town Board shall schedule an appeal hearing no later than 60 calendar
days from the receipt of any such written request for an appeal hearing. A
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final determination regarding such appeal shall be made by the Town
Board no later than 60 calendar days following such hearing, which
determination can be further appealed pursuant to Article 78 of the New
York Civil Practice Laws and Rules.
(c)Upon a determination by the Planning Board or Town Board that a Solar
Permit has been revoked, the decommissioning plan must be
implemented and the system removed within one year of having been
deemed abandoned or the Town may cause the removal at the owner
and/or landowner's expense. If the owner and/or landowner fails to fully
implement the decommissioning plan within one year of abandonment, the
Town may collect the required surety and use said funds to implement the
decommissioning plan.
(d)Removal by Town and reimbursement of Town expenses. Any costs and
expenses incurred by the Town in connection with any proceeding or work
performed by the Town or its representatives to decommission and
remove a Large-Scale Solar Energy System, including legal costs and
expenses, shall be reimbursed either from the financial surety posted by
the system owner or landowner as provided in section 7.D. Decommission
and Removal Plan herein and/or by the owner of the land upon which such
Large Scale Energy System is located. Any costs incurred by the Town for
decommissioning and removal that are not paid for or covered by the
required surety, including legal costs, shall be assessed against the
property, shall become a lien and tax upon said property, shall be added
to and become part of the taxes to be levied and assessed thereon, and
shall be enforced and collected, with interest, by the same officer and in
the same manner, by the same proceedings, at the same time and under
the same penalties as are provided by law for the collection and
enforcement of real property taxes in the Town.
8.Enforcement
Any violation of this law shall be fully subject to the enforcement provisions of Section 5.3 of
the Site Plan Review Law or any successor provisions thereunder; provided, however, that in
lieu of the monetary fines and/or civil penalties specified in Section 5.3 of the Site Plan Review
Law for a First, Second or Third Violation, the monetary fines and/or civil penalties for any
such violations shall be Five Hundred Dollars ($500) per day . For this purpose, any reference
to “this Local Law” in Section 5.3 of the Site Plan Review Law shall be deemed to include a
reference to this Solar Energy Law as well.
9.Fees and Escrow
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An application fee, as determined by the Town Board, shall accompany the application for a
Large-Scale Solar Energy System. The amount of such required Large-Scale Solar Energy
System fees may be revised from time to time by the Town Board in the future by resolution.
The applicant shall deliver with its application an amount as determined by the Town Board
from time to time by resolution or as specifically agreed upon between the Town and the
applicant to be held in escrow during the application review process. The sum shall be held by
the Town in a non-interest bearing account and these funds shall be available to the Town to
pay for the costs of reviewing the application, including, but not limited to, the costs of
consultants engaged by the Town to assist in any review of the application as well as any
costs related to any related notices and/or hearings. 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 before the
Town is required to proceed with any further review of the project.
10. Host Community or PILOT Agreement
Nothing in this Law shall be read as limiting the ability of the Town Board to enter into host
community agreements or Paid in Lieu of Taxes (PILOT) agreements with any applicant to
compensate the Town for expenses or impacts on the community.
11. 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.
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