Applications under this chapter shall be made as follows: Applicants
for a special use permit to place, construct, and make a major modification
to a utility-scale solar energy system within the boundaries of the
Town of Holland shall submit 12 sets of the following information
to the Town Board, which shall first present it to a professional
engineer or consultant for an initial review and then on to the Planning
Board for its review and recommendation. The Planning Board may make
such additional referrals as it deems appropriate. No such application
shall be deemed filed until any required application fee has been
paid. The following information shall be contained in the application:
A.
A completed State Environmental Quality Review Act (SEQRA) long form
environmental assessment form (EAF).
B.
Necessary permit information:
(1)
Name, address, and telephone number of the property owner. If the
property owner is not the applicant, the application shall include
the name, address, and telephone number of the applicant and a letter
or other written permission signed by the property owner authorizing
the applicant to represent the property owner.
(2)
Documentation of access to the project site(s), including, but not
limited to, location of all access roads, gates, and parking areas.
(3)
Documentation of the clearing, grading, stormwater and erosion control
plans.
(4)
Utility interconnection data, a copy of written notification to the
utility of the proposed interconnection and any related agreements
for the purchase of electricity.
(5)
One- or three-line electrical diagram detailing the solar energy
system installation, associated components, and electrical interconnection
methods, with all disconnects and over-current devices.
(6)
A property owner who has installed or intends to install a utility-scale
solar energy system may choose to negotiate with other property owners
in the vicinity for any necessary solar skyspace easements. The issuance
of a special use permit does not constitute solar skyspace rights,
and the Town shall not be responsible for ensuring impermissible obstruction
to the solar skyspace as a result of uses or development performed
in accordance with Town Code.
C.
A site plan in accordance with the Town of Holland's site plan requirements
and drawn in sufficient detail as follows:
(1)
Plans and drawings of the solar energy system installation signed
by a professional engineer registered in New York State or a registered
architect showing the proposal layout of the entire solar energy system
along with a description of all components, whether on site or off
site, existing vegetation and proposed clearing and grading of all
sites involved, and utility lines, both above and below the ground,
on the site and adjacent to the site;
(2)
Property lot lines and the location and dimensions of all existing
structures and uses within 500 feet of the solar panels;
(3)
Proposed fencing and/or screening for said project; and
(4)
Any such additional information as may be required by the Town's
professional engineer or consultant, Town of Holland Town Board, Town
Attorney, Building Safety Inspector/Zoning Enforcement Officer or
other Town entity.
D.
Decommissioning plan. To ensure the proper removal of utility-scale
solar energy systems, a decommissioning plan shall be submitted as
part of the application. Compliance with this plan shall be made a
condition of the issuance of a special permit under this section.
The decommissioning plan must specify that after the utility-scale
solar energy system can no longer be used, it shall be removed by
the applicant or any subsequent owner. The plan shall demonstrate
how the removal of all infrastructures and the remediation of soil
and vegetation shall be conducted to return the parcel to its original
state prior to construction. The plan shall also include an expected
timeline for execution. A cost estimate detailing the projected cost
of executing the decommissioning plan shall be prepared by a professional
engineer or contractor. Cost estimates shall take into account inflation.
Removal of utility-scale solar energy systems must be completed in
accordance with the decommissioning plan. If the utility-scale solar
energy 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 the costs to the municipality.
Special use permits issued for utility-scale solar energy systems
shall meet the following conditions:
A.
Maximum lot area. The maximum lot area shall be 20 acres.
B.
Setbacks. In addition to the setback requirements of the underlying
district, any utility-scale solar energy system shall adhere to the
following setbacks:
(1)
A minimum 100 feet from all property lot lines bordering a residential
(R) use district.
(3)
From public roads and railroads: A minimum of 75 feet from any public
road or railroad (measured from the road right-of-way or property
line).
(4)
From schools, public parks: A minimum of 750 feet from all property
lot lines bordering a school or public park.
C.
Maximum overall height. The height of a utility-scale solar energy
system shall not exceed 15 feet when oriented at maximum tilt.
D.
There shall be allowed multiple utility-scale solar energy systems
per lot.
E.
A utility-scale solar energy system shall adhere to all applicable
federal, state, county and Town of Holland laws, regulations, building,
plumbing, electrical, and fire codes.
F.
Development and operation of a utility-scale solar energy system
shall not have a significant adverse impact on fish, wildlife, or
plant species or their critical habitats or other significant habitats
identified by the Town of Holland or other federal or state regulatory
agencies.
G.
The design, construction, operation, and maintenance of a utility-scale
solar energy system shall prevent the misdirection and/or reflection
of solar rays onto neighboring properties, public roads, and public
parks in excess of that which already exists.
H.
All structures and devices used to support solar collectors shall
be nonreflective and/or painted a subtle or earth-tone color.
I.
All transmission lines and wiring associated with a utility-scale
solar energy system shall be buried or utilize existing overhead transmission
line structures and include necessary encasements in accordance with
the National Electric Code and Town requirements. The applicant is
required to show the locations of all proposed overhead and underground
electric utility lines, including substations and junction boxes and
other electrical components for the project on the site plan.
J.
All transmission lines and electrical wiring shall be in compliance
with the utility company's requirements for interconnection.
K.
Artificial lighting of utility-scale solar energy systems shall be
limited to lighting required for safety and operational purposes and
shall be shielded from all neighboring properties and public roads.
L.
All utility-scale solar energy systems shall be enclosed by fencing
to prevent unauthorized access. Warning signs with the owner's contact
information shall be placed on the entrance and perimeter of the fencing.
M.
Any signage used to advertise the solar energy facility shall be
in accordance with the Town's signage regulations.
N.
A berm, landscape screen, or other opaque enclosure, or any combination
thereof acceptable to the Town capable of screening the site, may
be required along any property line that abuts an existing residence.
O.
After completion of a utility-scale solar energy system, the applicant
shall provide a post-construction certification from a professional
engineer registered in New York State that the project complies with
applicable codes and industry practices and has been constructed and
is operating according to the design plans.
P.
Compliance with regulatory agencies. The applicant is required to
obtain all necessary regulatory approvals and permits from all federal,
state, county, and local agencies having jurisdiction and approval
related to the completion of a utility-scale solar energy system.
Q.
Clearing, grading, stormwater and erosion control.
(1)
Before the Town of Holland shall issue a clearing, grading, stormwater
or building permit for a utility-scale solar energy system, the applicant
shall submit a SWPPP to the Town engineering consulting firm for its
review and approval; and
(2)
The SWPPP shall minimize the potential adverse impacts on wetlands
and Class I and II streams and the banks and vegetation along those
streams and wetlands and minimize erosion or sedimentation.
