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HomeMy WebLinkAbout2024 #1 Amend Land Use Code section 366,367 & 4421 Town of Groton Local Law #1 of 2024 A Local Law to Amend Sections 366, 367 and 442 of the Town of Groton Land Use Code Be it enacted by the Town Board of the Town of Groton, New York, as follows: Section 1. Title and Purpose This local law shall be referred to as “A Local Law to Amend Sections 366, 367, and 442 of the Town of Groton Land Use Code”. Section 2. Authority. This local law is adopted pursuant to the authority granted under Municipal Home Rule Law Section 10. Section 3. Section 366 of the Town of Groton Land Use Code is hereby amended to read as follows: Section 366. Energy Production 366.1 Purpose. It is the purpose of this section to provide for and encourage Energy Production installations that allow constituents to be self-sufficient but also minimize adverse impacts on neighboring properties. 366.2 Definitions: The following definitions shall apply to this Section 366 and Section 367 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. A Building-Mounted Solar Energy System may be used to offset on-site energy needs and/or be intended to produce excess energy to sell to the grid A Building-Mounted Solar Energy System shall include any related Solar Thermal Energy Systems located on a roof, building, or structure. 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 related Solar Thermal Energy Systems. 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. LARGE-SCALE WIND INSTALLATION. Shall include wind turbines that have a primary function of transferring electricity to a public electric grid but may also be for onsite use. PERMITTEE – The party holding a Town Board Special Permit- granted pursuant to this Solar Energy Law. 2 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. SMALL BIOMASS INSTALLATION. A small-scale biomass unit used to produce electricity shall be used completely or partially on site and be secondary to the use of the premises for other lawful purposes. SMALL-SCALE SOLAR ENERGY SYSTEM. A Small-Scale Solar Energy System is a Ground-Mounted or Building Mounted Solar Energy System which the production of electricity through solar photovoltaic cells, panels or arrays, and/or solar installations for the heating of air or water and has a total surface area not exceeding 4,000 square feet. Energy produced shall be used completely or partially to offset on-site energy demands by producing electricity designed to meet the energy needs for on-site users, and shall be secondary to the use of the premises for other lawful purposes. SMALL-SCALE WIND INSTALLATION. A small-scale wind installation shall be a wind turbine used to produce electricity to be used completely or partially to offset on-site energy demands by producing electricity designed to meet the energy needs for on-site users, and shall be secondary to the use of the premises for other lawful purposes. 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. 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. STORAGE BATTERY SYSTEMS: One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time. Not to include a stand-alone 12-volt car battery or an electric motor vehicle. TOWN BOARD SPECIAL PERMIT- A permit issued by the Town Board pursuant to the provisions of this Section 366 and in accordance with Section 442. 3 TCLP: The Toxicity Characteristic Leaching Procedure 366.3 Small Scale Solar Energy Systems. A Small- Scale Solar Energy System shall be subject to the following requirements: a. Height. A Ground Mounted Solar Energy System shall not exceed twenty (20) feet in height b. Setback. Solar Energy System fencing shall be Seventy-five (75) feet from the side and back lot lines of the property owner’s lot and Energy System panels must but be at least Twenty- five (25) feet from the fence to the closest edge of the panel. The front lot lines shall be One Hundred Fifty (150) feet from the centerline of the road to the fence. 366.4 Building-Mounted Solar Energy Systems. Building-Mounted Solar Energy Systems shall be exempt from Town Board Site Plan Review. a. Building-Mounted Solar Energy Systems are permitted through a building permit as an accessory use, when attached to any lawfully permitted building or primary structure that has been issued a Certificate of Completion, a Certificate of Occupancy or has been certified by a New York State Engineer to be New York State Building Code Compliant. b. Height. Shall not result in an increase of the overall structure height by six (6) feet or more. 366.5 Small Biomass Installations. A small-scale biomass unit used to produce electricity shall not exceed 1,000 square feet. All installations shall meet all Minimum Yard Depth and Maximum Lot Coverage Regulations required for the district in which the property is located. (See Sections 342 - 348.) All installations shall meet all State and/or Federal emission regulations. 366.6 Small Scale Wind Installations. For the purpose of this section 366, the Fall Zone is defined as an area having a radius at least equal to the highest point of the propeller and/or any attached antennas. The Fall Zone shall be located entirely on property owned by the applicant; shall not include public roads; and shall not contain any structure used as habitable space. All installations shall meet all Minimum Yard Depth Regulations, plus the distance of the Fall Zone, as well as Maximum Lot Coverage Regulations required for the district in which the property is located. (See Sections 342 - 348.) Facilities requiring a tower over 41 feet shall provide certification of seismic design and shall be inspected every five years for structural integrity by a New York State licensed engineer at the cost of the applicant, who shall provide a copy of the inspection report to the Code Enforcement Officer. 366.7 Storage Batteries Systems shall be installed with an additional building permit and shall be placed in a secure container or enclosure when in use. Battery systems requiring cooling, 4 shall be situated away from residences so noise is minimized, unless other mitigating measures are arranged. 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 Groton, Tompkins County, New York State, and all other applicable laws and regulations. 366.8 Building Permits. No Solar Energy Systems, Storage Batteries Systems, Small Biomass Installation, and/or Small-Scale Wind Installation shall be constructed or installed without first obtaining a building permit from the Code Enforcement Officer and shall be installed by a qualified installer. 366.9 Miscellaneous. 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. Section 4. Section 367 of the Town of Groton Land Use Code is hereby amended to read as follows: Section 367. Energy Production - Large-Scale 367.1 Purpose. It is the purpose of this section to advance and protect the public health, safety, and welfare of Town of Groton, including: a. Protecting our environment and resources for future generations by allowing alternative energy sources while minimizing the potential for negative impacts of Energy Systems on environmental resources such as agricultural lands, wetlands, streams, forests, wildlife, and other valued resources. b. Managing commercial renewable energy development to provide a balance between energy needs that provide energy alternatives while respecting our rural agricultural landscape; and allow for alternative Landowner Income Stream. c. Maintaining a balance between property rights of individual landowners, property rights and property values of adjacent landowners, and the rights of community at large. d. Minimize the potential for unintended consequences of State and Federal energy policies that may not have considered the unique qualities and character of our community. 367.2 Applicability The requirements of this Section, as amended, shall apply to all Energy Systems installed or modified after the effective date of the local law to amend this Section 367, excluding general maintenance and normal repairs of such Energy Systems. Any repairs that are material in nature, in the judgment of the Town Board, shall be subject to the requirements of this law. The requirements of this law must be met and a Town Board Special Permit issued as required by this Section 367 unless otherwise exempt, prior to or simultaneously with the application for or receipt of any required building permits. 367.3. Definitions. The definitions of Section 366 shall apply unless otherwise defined herein. 5 367.4 Large-Scale Wind Installations. Shall include wind turbines that have a primary function of transferring electricity to a public electric grid but may also be for onsite use. For the purpose of this section, the Fall Zone is defined as an area having a radius at least equal to the highest point of the propeller and/or any attached antennas, plus setbacks as required in sections 342-348 and the length of one foot (1’) for every ten feet (10’) of tower height. Said area shall be located entirely on property owned or leased by the applicant or for which the applicant has obtained an easement; shall not include public roads; and shall not contain any structure used as habitable space. Facilities requiring a tower over 41 feet shall provide certification of seismic design and shall be inspected every five years for structural integrity by a New York State licensed engineer at the cost of the applicant, who shall provide a copy of the inspection report to the Code Enforcement Officer. 367.5 Large-Scale Solar Energy Installations. A large-scale solar installation shall include any solar photovoltaic cell, panel, or array over 4000 square feet on any one lot that has a primary function of transferring electricity to a public electric grid but may also be for onsite use. 367.6. Special Permit Requirements. a. A Special Permit shall be required for a Large-Scale Solar Energy System. b. A Special Permit shall cease to be valid if Energy System is not fully operational within two (2) years from the date of the issuance of the Solar Permit In the event a Town Board Special Permit for a Large-Scale Solar Energy System ceases to be valid pursuant to this Section, any construction to date shall be deemed to be abandoned. e. A Town Board Special Permit shall cease to be valid if a building permit is not issued within one (1) year from the date of the issuance of the Special Permit. A permit may be extended for up to a year by approval of the Town Board. 367.7 Application Requirements for Large-Scale Solar Energy Systems Large-Scale Solar Energy Systems are permitted through the issuance of a Town Board Special Permit, subject to the requirements set forth in Section 442 of the Town of Groton Land Use & Development Code and shall include the following provisions below. Notwithstanding anything in the Town of Groton Land Use & Development Code to the contrary, applications for the installation of a Large-Scale Solar Energy System shall be reviewed by the Town Board which can include approval, approval with conditions, or denial. Application Requirements: a. Equipment Specifications: 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. 6 b. EPA TCLP Certification: All Panels to be installed shall have undergone EPA TCLP Certification and Documentation of such shall be provided to the Town Board. c. Nameplate Capacity provide the nameplate capacity of the system for a one-year period. d. Stormwater Pollution Prevention Plan (SWPPP): Shall be submitted regardless of the claimed soil disturbance acreage, meeting the requirements set forth in the New York State Department of Environmental Conservation SPDES General Permit For Stormwater Discharges from Construction Activity e. A Decommissioning Plan in accordance with the provisions of this Section 367 and shall include a Panel End of Life Plan that includes but is not limited to replacement due to defect, malfunction, or upgrade by project proponent and any and all subsequent operators of the facility. f. Host Community Agreement that is mutually agreed upon between the applicant and the Town Board. The requirement for a Host Community Agreement may be waived by the Town Board. g. Agricultural Activity. If an applicant intends to include agricultural activities in conjunction with Ground Mounted Solar, applications shall include a detailed site plan with the dimensions and clearances that define allowance(s) for access of agricultural equipment, facilities to maintain animal care and feasibility of agricultural related activities on the site. For buried utilities and conduit, 30 inches or more of soil cover is recommended to allow for adequate root growth for desired agricultural use. 367.8 Special Permit Standards (Large-Scale Solar) a. Height. Large-Scale Solar Energy Systems shall not exceed twenty (20) feet in height. b. Setback. Energy System fencing shall be Seventy-five (75) feet from the side and back lot lines of the property owner’s lot and Energy System panels must but be at least Twenty-five (25) feet from the fence to the closest edge of the panel. The front lot lines shall be One Hundred Fifty (150) feet from the centerline of the road to the fence. c. Lot Size. Large-Scale Energy Systems shall be located on lots with a minimum lot size of 5 acres. d. Lot Coverage. The enclosed or fenced in area of a Large-Scale Solar Energy System shall not exceed 75% of the lot on which it is installed. e. Storage Batteries Systems. When Storage Batteries are included as a part of the Solar Energy System, they are required to be installed with an additional building permit and must be placed in a secure container or enclosure when in use. Battery systems requiring cooling, shall be placed on the farthest portion of the lot away from neighboring homes to minimize noise, unless other mitigating measures are arranged. Storage Batteries no longer in use, must be disposed of in a timely manner in 7 accordance with the laws and regulations of the Town of Groton, Tompkins County, New York State, and all other applicable laws and regulations. f. 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 Town Board. The type of fencing shall be approved by the Town Board and shall be a maximum of 8 feet and a minimum of 6 feet in height. All Fencing shall be interior to require Vegetation Visual and Sound Screening. g. 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 National Electrical Code utility. Electrical transformers for utility connections may be above ground if required by the utility provider. For overhead powerlines and utility power pole installation, ensure that pole placement and the height of the wire will not interfere with the ability to access lands with harvest equipment. Buried Utilities along Town Right-of-Ways are subject to a Commercial Road Work Permit. h. Lighting: All Lighting on site shall be Dark-sky compliant. The Town 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. i. 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. j. The project must be installed by a Qualified Solar Installer and 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. k. Inspections: The Town may cause to inspect all facets of said System’s placement, construction, modification and maintenance. Any inspections required by the Town Board that require specialized solar expertise and are beyond the Code Enforcement Officer’s scope or ability shall be at the expense of the applicant and/or the operator of the System. l. Location: Large-Scale Solar Energy Systems shall not be located in the following areas unless otherwise approved by the Town Board in conjunction with the Solar Permit approval process provided in this section: 1. Areas of potential environmental sensitivity, including Unique Natural Areas as designated by the Tompkins County Environmental Management Council, flood 8 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 2. On slopes of greater than fifteen percent (15%). p. Other. The Town Board may impose conditions on its approval of any Town Board Special Permit under this Section in order to enforce the standards referred to in this Section or in order to discharge its obligations under SEQRA. q. Ownership Changes. If the owner or operator of the Large-Scale Solar Energy System changes, the Special Permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the decommissioning plan. A new owner or operator of the Large-Scale Solar Energy System shall notify the Code Enforcement Officer of such changes in ownership or operator within 30 days of the ownership change. 367.9 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 the system, which amount shall be subject to an annual escalator of 2%, and shall be revisited every five years to account for any adjustments in the projected costs of decommissioning. 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, in a bond or other form of security reasonably acceptable to the Town Board. 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. Failure to keep a surety in place as required by this law shall result in the revocation of the Special 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 367.11 herein and subject to complete decommissioning in accordance with this law. Any applicant for a Special Permit pursuant to this Section 367 shall provide written acknowledgment by the landowner of the decommissioning plan, which acknowledgment shall include authorization for the town or its representative to enter upon the land to carry out the decommissioning in the case it is not decommissioned in accordance with the plan. 367.10 Decommissioning and Removal. 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 Town Board. A schedule of fines shall 9 be approved and adopted by the Town Board to be imposed on the Landowner in the event there is a failure to comply. 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, towers, blades, 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, e. Upon petition to the Town Board, the Town 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 redevelopment, and do not adversely affect community character or the environment. f. An estimate of the anticipated operational life of the system; g. Identification of the party responsible for decommissioning; h. Description of any agreement with the landowner regarding decommissioning; i. A schedule showing the time frame over which decommissioning will occur and for completion of site restoration work; j. A certified and sealed cost estimate prepared by a qualified structural engineer or professional engineer, who shall be reasonably acceptable to the Town Board, estimating the full cost of decommissioning and removal of the 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 Town 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 Town 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; k. A financial plan to ensure that financial resources will be available to fully decommission the site. 367.11 Abandonment 10 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 Groton, 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. a. 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. A Large-Scale Solar Energy System also shall be deemed abandoned if following special permit approval, construction of the system is not completed within 18 months of issuance of the first building permit for the project. b. Extension of time. The time at which a Large-Scale Solar Energy System shall be deemed abandoned may be extended once, by the Town Board, for an additional period of up to one year. 367.12 Decommissioning and removal by Town If the Large-Scale Solar Energy System owner and/or 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. Procedure. Upon a determination by the Town 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, failure to complete construction and installation of the facility within 180 calendar days; or (b) in the case of a fully constructed facility that has ceased to generate electricity for a continuous period of 12 months the Town Board will deem the system abandoned and commence action to revoke the Special Permit, and require removal of the system. 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 Special 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 Town 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. Upon a determination by the Town Board that a Special 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 11 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. 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 367.9 Decommission and Removal Plan herein and/or by the owner of the land upon which such Large-Scale Energy System is located. The Large- Scale Solar Energy System owner and/or landowner shall be responsible for any costs incurred by the Town for decommissioning and removal that are not paid for or covered by the required surety, including legal costs. 367.13 Enforcement Any violation of this law shall be fully subject to the enforcement provisions of Section 402 of this code or any successor provisions thereunder; provided, however, that in lieu of the monetary fines and/or civil penalties specified in Section 402 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. 367.14 Application Fee An application fee, as determined by the Town Board, shall accompany the application for a Large-Scale Energy System. The amount of such required Large-Scale Energy System fees may be revised from time to time by the Town Board in the future by resolution. 367.15 Escrow Account After an application for a Large-Scale Solar Energy system has been submitted and the Town Board determines by resolution that significant review costs will be incurred, the applicant shall deliver an amount as determined by the Town Board 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. 367.16 PILOT Agreements 12 Nothing in this Law shall be read as limiting the ability of the Town Board to enter into Payment in Lieu of Taxes (PILOT) agreements or other agreements with any applicant to compensate the Town for expenses or impacts on the community. 367.17 Miscellaneous. The installation of any Large-Scale 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. 367.18 Building Permits. Large-Scale Solar Energy Systems, Storage Batteries Systems, Large-Scale Wind Installation shall be constructed or installed without first obtaining a building permit from the Code Enforcement Officer and shall be installed by a qualified installer. 367.19 Storage Batteries Systems. When Storage Batteries are included as a part of the Large-Scale Solar Energy System, they are required to be installed with an additional building permit and must be placed in a secure container or enclosure when in use. Battery systems requiring cooling, shall be placed on the farthest portion of the lot away from neighboring homes to minimize noise, unless other mitigating measures are arranged. 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 Groton, Tompkins County, New York State, and all other applicable laws and regulations. Section 5. Section 442 of the Town of Groton Land Use Code 2011 is hereby amended to read as follows: Section 442 Special Permit Review 442.1 Authorization The Town Board reserves Special Permit review authority to itself pursuant to New York State Town Law Section 274-b and to review and approve, approve with modifications and/or conditions, or disapprove any proposal to develop land subject to Special Permit review as set forth in Article 3 of this Code. 442.2 Application An application for Special Permit approval shall be made in writing to the Town Board and shall be accompanied by the following information: a. A completed and signed application form. Incomplete applications, not meeting the requirements stated herein, or which are otherwise incomplete, shall be notified of the information required for completeness. If, after notification, no additional information is forthcoming and the file has remained inactive for a period exceeding 90 days, the Town Board may reject the application for neglect to proceed. 13 b. Two prints of the proposed project site plan on no larger than 11 by 17-inch paper. c. Where the project that is the subject of the Special Permit involves any construction, modification, alteration to the property where the project will be located, the applicant for the Special Permit shall provide the following, as applicable: i. Title block showing name of project, title of each drawing, name and address of applicant and person responsible for preparation of drawing, and date of drawing. ii. North arrow and drawing scale in graphic form. iii. Size, location, design, construction materials and use of all existing and/or proposed buildings and structures, access drives, above and below ground utilities and other improvements to the site. iv. Location and design of outdoor storage areas or facilities. v. Location of any proposed illuminated area and design of outdoor lighting facilities. vi. Description of the method for securing potable water and location, design, and construction materials of such facilities if applicable. vii. Location, size, design, and construction materials of all proposed signs. viii. Designation of the amount and location of building area(s) proposed for each activity type. ix. Location, size, design and materials of proposed security such as fencing or gates. x. Description of the method of sewerage treatment and disposal and location, design, and construction materials of such facilities. xi. Location, design, and construction materials of all energy distribution facilities, including electrical, gas, and solar or wind energy systems. 2. Water/Stormwater i. Existing watercourses and water bodies, both natural and man-made, as well as wetlands. ii. Using two-foot contour topographic data, the proposed grading and drainage plan, showing existing and proposed contours iii. Completed Stormwater Pollution Prevention Plan (SWPPP) 3. Street Design i. Location and design of new roads, streets, intersections, and access according to sections 272 of the Land Use code. ii. Location of all adjacent streets and highways, both public and private. iii. Location, design, and construction materials of all parking and truck loading areas, showing access and egress. iv. Provision for pedestrians. v. Location, design and construction materials of all proposed site utilities and other improvements, including drains, culverts, retaining walls, above and below ground utilities and storm water management facilities. vi. Location of emergency vehicle access, turnarounds, emergency zones, and proposed fire hydrants. 4. Landscaping/Property maintenance i. Location and description of all existing vegetation on the site. ii. The Town Board may request a completed Visual Impact and Screening Plan prepared by a Registered Landscape Architect to include line of sight height for impacted neighboring properties and roadways, regardless of topographical 14 extremes. The screening plan will consider the soil, climate, topography, maturity and longevity for vegetative buffers to avoid adverse aesthetic impacts and glare. iii. For any Energy Production installations as described in Sections 366 and 367, a property maintenance plan detailing scheduled mowing, trimming, and beautification planting or copies of post construction recommendations; monitoring, remediation and maintenance consideration plans provided to the landowner. d. The Town Board has the discretion to request a completed Noise Impact Study to include sound impacts at multiple locations as identified by a registered professional engineer. The study must identify locations that include multiple topographical elevations where applicable. Proposed mitigation measures shall include vegetation suitable to reduce consistent, periodic, or intermittent operational sounds. This may require tight shrubbery or hedge type configuration with little or no ground clearance. e. Completed Fire Safety Plan approved by the Fire Department having jurisdiction to provide for adequate fire suppression services to the site. f. If applicable, completed and signed Part I section of the Short Environmental Assessment Form SEAF) or the Long Environmental Assessment Form (LEAF), as determined by 6 NYCRR Part 617. g. Completed Agricultural Data Statement if property is located within an Agricultural District. h. Payment of all application fees as established by resolution of the Town Board. i. Other elements integral to the proposed development as considered necessary by the Town Board, including identification of any Federal, State, or County permits required for the project’s execution. The Town Board reserves the right to request additional information related to the above submission materials as considered reasonably necessary and may choose to waive specific requirements in certain situations in its discretion or upon recommendation of the Code Enforcement Officer. The receipt of the application shall be considered to be the date on which the application, complete and accompanied by the required fee, all data required by Section 442.2 of these regulations, and any additional information required by the Town Board has been filed with the Town Clerk. 442.3 Review Procedure In reviewing Special Permit applications, the Town Board is free to consider any matter related to public welfare in determining whether a particular Special Permit use is appropriate in a particular location. In addition to applying any standards that may be set forth in Article 3 of this Code, the Town Board, in its deliberations may consider, among other things, whether: a. The health, safety, and general welfare of the community are being promoted. 15 b. The proposed land use is in harmony with the intent and general purpose of this Code. c. The premises are reasonably adapted to the proposed use and the proposed use and location and design of any building, structure, or other improvements will be consistent with the character of the district in which it is proposed to be located. d. The proposed land use will not pose a detriment to the neighborhood character to the extent sufficient to devalue neighboring property. e. The proposed land use will not adversely impact the quality of life for residents. f. The proposed land use will not exceed the capacity of community infrastructure and services, including, but not limited to, roads, water, sewerage, garbage collection, schools, fire, police, and emergency services. g. The potential noise, fumes, vibrations, illumination, or other potential nuisances that may result from the proposed land use will not be more objectionable to nearby properties than that of any other use permitted within the Zoning District in which the use is proposed. 442.4 Consultant Review. The Town Board reserves the right to have an applicant’s engineering drawings, opinions, plans or conclusions reviewed by an engineer hired by the Town, the cost of which shall be reimbursed by the applicant. The Town Board may consult with any local, County, State, Federal or private individual or agency in the course of its deliberations on any application. Any cost for consultant review may be charged to the applicant. 442.5 Referral to County Planning Department Referral to Tompkins County Planning Department shall be made as required pursuant to New York General Municipal Law. If referral is required, no decision shall be made until a response has been received or a 30-day timeframe for commenting has expired as provided by General Municipal Law Section 239 (l & m). 442.6 State Environmental Quality Review The Town Board shall attempt to integrate, as appropriate, Special Permit review as required by this Section to be done in parallel with the procedural requirements of SEQRA review. 442.7 Public Hearing Within 62 days of the receipt of the application for the Special Permit, the Town Board shall hold a Public Hearing, which shall be advertised in the official Town newspaper at least 5 days before such Public Hearing. The applicant and any others having jurisdiction shall be notified at least 10 days before such Public Hearing. 442.8 Action on Application for Special Permit 16 Within 62 days after the close of the Public Hearing, the Town Board shall act, by resolution, to approve, approve with modifications and/or conditions, or disapprove the application for Special Permit. A copy of the resolution shall be filed with the Town Clerk and a copy forwarded to the applicant within 5 days of the decision. The Town Board’s resolution approving the Special Permit may include reasonable conditions including modifications or conditions. Conditions and/or modifications imposed by the Town Board shall be sufficiently clear and definite so that the applicant and the public are not left in doubt regarding the parameters of the Special Permit and the obligations imposed on the applicant. Conformance with specified modifications and/or conditions shall be considered a condition of the Special Permit. If the Special Permit is not approved by the Town Board, the resolution shall clearly state the reasons why. 442.9 Reimbursable Costs Costs incurred by the Town Board in connection with the review of a proposed Special Permit shall be charged to the applicant. These costs shall include: a. The cost of advertising fees for Public Hearings. b. Costs incurred by the Town of Groton for engineering, planning, legal and other necessary expenses for the purpose of reviewing any application. c. Costs incurred by the Town of Groton for the review and/or preparation of an Environmental Impact Statement if said statement is necessary. Such reimbursable costs shall be paid to the Town of Groton prior to the issuance of any required Building Permit and/or Special Permit. 442.10 Issuance of Permits Upon approval or approval with modifications of a special permit, copies of permits issued by other government agencies, payment of all applicable fees and reimbursement costs to the Town of Groton, the Code Enforcement Officer may proceed with any Building Permit applications. No building permit or Certificate of Completion or Certificate of Occupancy shall be issued in connection with a Special Permit until the Code Enforcement Officer is satisfied that all conditions and requirements set forth in this article have been met or that a variance thereof has been duly granted. 442.11 Inspection of Improvements and Emergency Contact The Code Enforcement Officer shall be responsible for the overall inspection of site improvements. With respect to Large-Scale Solar Energy Systems, if an unsafe condition exists, the applicant shall have 10 days to complete the correction or file a written plan with the Code Official. If the unsafe condition poses a serious risk to bodily injury or significant property damage, the Code Official shall require the facility be dismantled as per the decommissioning plan. If it is the intent of the facility to continue operation, the unsafe system(s) shall be dismantled in accordance with a demolition permit and a new Special Permit review will be required. Emergency contact information shall be clearly marked at the site as well as copies of such issued to the Town Clerk and Tompkins County Emergency Response. This information is to be updated yearly or in the 17 event of an ownership change. An Operating Permit may be required for certain land uses and shall follow the inspection schedule set by the code official. 442.12 Stop Work Order and/or Order to Remedy If the Code Enforcement Officer determines that there has been a deviation from the plans upon which the Special Permit approval, subsequent Building Permit or Operating Permit were based in a manner which is significant in terms of the purposes and requirements of this Code, the Code Enforcement Officer shall issue a stop work order and/or order to remedy., and shall notify the applicant by official correspondence, place copies in the file and make a report to the Town Board. 442.13 Term Limitations A new Special Permit approval shall be required for abandoned, discontinued, or modified plans. Extensions may be granted by a Town Board resolution. Section 6. 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. Section 7. Effective Date. This local law shall be effective immediately upon filing with the Secretary of State. 18