A.
Time limit on completion. Upon receipt of any required approval by
the Colden Town Board, the applicant shall have six months to apply
for a building permit. After issuance of a building permit, the applicant
shall have six months to begin the project and 12 months to complete
the project.
B.
Upon receipt of any required approval by the Colden Town Board, the
applicant shall have 12 months to begin the project before those approvals
lapse. Prior to the lapse of any approvals the applicant may, for
just cause, apply by written request to the Town Board for an extension
to this timeline.
C.
Inspections. Upon reasonable notice, the Colden Code Enforcement
Officer, or his designee, may enter a lot on which a solar energy
system has been approved for the purpose of compliance verification
with any requirements or conditions. Twenty-four hours' advance
notice by telephone to the owner/operator or designated contact person
shall be deemed reasonable notice. Furthermore, a utility-scale solar
energy system shall be inspected annually by a New York State-licensed
professional engineer that has been approved by the Town or at any
other time, upon a determination by the Town's Code Enforcement
Officer that damage may have occurred. A copy of the inspection report
shall be submitted to the Town Code Enforcement Officer. Any fee or
expense associated with this inspection shall be borne entirely by
the permit holder.
D.
General complaint process. During construction, the Town Code Enforcement
Officer can issue a stop order at any time for any violations of a
special use or building permit. After construction is complete, the
permit holder of a utility-scale solar energy system shall establish
a contact person, including name and phone number, for receipt of
any complaint concerning any permit requirements.
E.
Continued operation. A solar energy system shall be maintained in
operational condition at all times, subject to reasonable maintenance
and repair outages. Operational condition includes meeting all approval
requirements and conditions. Further, the Code Enforcement Officer
shall also have the right to request documentation from the owner
of a solar energy system regarding the system's usage at any
time.
F.
Removal. All solar energy systems shall be dismantled and removed
immediately from a lot when the special use permit or approval has
been revoked by the Town Board or the solar energy system has been
deemed inoperative or abandoned by the Code Enforcement Officer for
a period of more than 365 consecutive days at the owner's expense.
If the owner does not dismantle and remove said solar energy system
as required, the Town Board may, after a hearing at which the owner
shall be given an opportunity to be heard and present evidence, dismantle
and remove said facility and place the cost of removal as a tax lien
on said parcel.
G.
Determination of abandonment or inoperability. A determination of
the abandonment or inoperability of a solar energy conversion system
shall be made by the Town Code Enforcement Officer, who after suitable
review shall provide the owner with written notice by personal service
or certified mail. Any appeal by the owner about the Code Enforcement
Officer's determination of abandonment or inoperability shall
be filed with the Town of Colden Zoning Board of Appeals within 30
days of the Code Enforcement Officer's formal notification. This
notification shall include a written determination, and the Zoning
Board of Appeals shall hold a hearing on same. The filing of an appeal
does not stay the following expiration time frame unless the Zoning
Board of Appeals, or a court of competent jurisdiction, grants a stay
or reverses said determination. At the earlier of the 366 days from
the date of determination of abandonment or inoperability without
reactivation, or upon completion of dismantling and removal, any approvals
for the solar energy system shall automatically expire.
H.
Application and annual fees.
(1)
Utility-scale solar energy system. An applicant shall pay an initial
application fee of $2,500 or such other amount as the Town Board may
from time to time determine by resolution, payable at the time of
filing of the applicant's special permit and site plan application,
to cover the cost of processing and reviewing the application. If
approved, the owner shall pay an annual fee of $1,000, or such other
amount as the Town Board may from time to time determine by resolution,
to cover the cost of processing and reviewing the annual inspection
report and for ongoing and annual costs for administration, inspections
and enforcement.
(2)
Site plan application for ground-mounted solar energy systems. An
applicant shall pay the standard site plan review fee as determined
from time to time by resolution of the Town Board.
(3)
Fee for issuance of a building permit. In addition to any special
use permit or site plan review application fee, or utility-scale annual
fee, an applicant shall pay a building permit fee for a:
(a)
Building-mounted, building-integrated, ground-mounted, or rooftop-mounted
solar energy system: As listed on the Town of Colden Fees and Fines
Schedule or such other amount as the Town Board may from time to time
determine by resolution.
(b)
Utility-scale solar energy systems. As listed on the Town of
Colden Schedule of Fees and Fines or such other amount as the Town
Board may from time to time determine by resolution.
I.
Prior to the issuance of a building permit, the applicant shall document
that all applicable federal, state, county, and local permits have
been obtained.
J.
Special use permits for a utility-scale solar energy system granted
under this article shall be issued only following a public hearing
held as required for special use permits under the New York State
Town Law.
K.
The Town Board may:
(1)
For utility-scale solar energy systems, grant a special use permit,
deny a special use permit, or grant a special use permit with written
stated conditions. Denial of a special use permit shall be by written
decision based upon substantial evidence and advisory recommendations
considered by the Town Board. Upon issuance of a special use permit,
the applicant shall obtain a building permit for the utility-scale
solar energy system.
(2)
For all other non-utility-scale solar energy systems (includes roof-mounted
and ground-mounted systems not eligible for processing via the Colden
Unified Solar Permit method), and all systems larger than 25kW in
capacity, which require approval of a special use permit, or when
review is required by the Town Board pursuant to this article, the
Town Board may grant site plan and/or special use permit approval,
deny site plan and/or special use permit approval, or grant site plan
and/or special use permit approval with written stated conditions.
Denial of site plan and/or special use permit approval shall be by
written decision based upon substantial evidence considered by the
Town Board. Upon issuance of a site plan approval and/or special use
permit approval, the applicant shall obtain a Colden building permit
for the ground-mounted solar energy system that was not eligible for
processing via the Colden Unified Solar Permit method.
L.
Any changes or alterations (post-construction) to a utility-scale
or any solar energy system which was not processed via the Colden
Unified Solar Permit method shall be done only by amendment to the
special use permit and/or site plan (if required) subject to all requirements
of this Code at the time of the change or alteration is requested
by the applicant.
M.
Special use permits for utility-scale solar energy systems shall
be assignable or transferable so long as they are in full compliance
with this article and all the conditions, and the Code Enforcement
Officer is notified in writing at least 15 days prior thereto.
