[HISTORY: Adopted by the Town Board of the Town of Victor
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-26-2018 by L.L. No. 13-2018]
This article is adopted pursuant to the authority granted to
the Town of Victor at Municipal Home Rule Law.
This law shall be known as and may be cited as Local Law No. 13-2018 to implement Chapter 103 Energy Systems, Article I, Solar Photovoltaic Systems of the Town of Victor. The purpose of this article is to implement Chapter 103 Energy Systems, Article I, Solar Photovoltaic Systems in order to encourage and promote safe, effective, and efficient use of installed solar photovoltaic (PV) systems, which reduce on-site consumption of utility-supplied energy, and to protect the health, safety and welfare of adjacent and surrounding land uses and properties.
A.Â
Meet goals of Town Comprehensive Plan to: enhance agricultural viability;
preserve productive agricultural land resources; and, provide public
utilities, facilities and services;
B.Â
Support green economy innovations; and,
C.Â
Support New York State in meeting renewable energy goals established
by the 2015 New York State Energy Plan.
A.Â
Roof-mounted, building-integrated and ground-mounted solar PV systems
installed/constructed after the effective date of this Code.
B.Â
Any upgrade, modification or structural change that alters physical
size, generation capacity, location or placement of existing PV system.
C.Â
Nonconforming PV systems. Nonconforming PV systems existing on the
effective date of this Code may be altered or expanded provided alteration
or expansion does not increase the extent of nonconformity.
E.Â
Prohibition. In order to reduce nuisance reflection and glare, solar
PV systems attached vertically to the side of a building are prohibited
unless they are designed as a building-integrated system.
As used in this article, the following terms shall have the
meanings indicated:
Three acres or more of prime farmland, farmland of statewide
importance or soils classified as Class 1 through 4 as documented
in the Soil Group Worksheets prepared by the Ontario County Soil and
Water Conservation District and used by the Town Assessor in calculation
of agricultural use exemption values, that has been used for agricultural
production during the past five years and/or is suitable for use in
agricultural production.
A solar PV system that is designed and constructed as an
integral part of a principal or accessory structure. Components of
a building-integrated system are designed to replace or substitute
for architectural or structural elements of a building and generally
complement, blend with or form part of a structure's architectural
appearance. Such components will generally maintain a uniform plane
with and/or form a part of the walls, window openings, roofing and/or
other building elements into which they are integrated. A building-integrated
system may occur: within vertical facades; replacing view-glass, spandrel
glass or other facade material; within semitransparent skylight systems;
within roofing systems, replacing traditional roofing materials; or
within other building envelope systems.
An individual possessing the skills and knowledge to effectively
develop a site for use as a solar PV system and then reclaim the site
restoring it, to the greatest extent practical, to its original use.
Land designated as "farmland of statewide importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on
Web Soil Survey based on soil characteristics that is of statewide
importance for the production of food, feed, fiber, forage, and oilseed
crops as determined by the appropriate state agency or agencies. Farmland
of statewide importance may include tracts of land that have been
designated for agriculture by state law.
A solar PV system, including its specialized racking or other
mounting system(s), which is installed on the ground and not attached
to any other structure.
A ground-mounted solar PV system that has a system capacity
greater than 25 kilowatts (kW) and/or generates more than 110% of
kilowatt-hours (kWh) of electricity consumed over previous twelve-month
period by land use(s) existing on the lot or parcel of land where
system is located. In applying this standard, electricity consumption
shall be determined by submission of utility bills showing electrical
usage over said twelve-month period, or by another means deemed acceptable
by the Code Enforcement Officer.
A ground-mounted solar PV system that is limited to a system
capacity of 25 kw and/or generated no more than 110% of the kilowatt-hours
of electricity consumed over the previous twelve-month period by land
use(s) existing on the lot or parcel of land where system is located.
In applying this standard, electricity consumption shall be determined
by submission of utility bills showing electrical usage over said
twelve-month period, or by another means deemed acceptable by the
Code Enforcement Officer.
A meter used to measure the flow of electricity from the
solar PV system to the electric utility grid for the purpose of net
metering.
An arrangement accepted by the public utility whereby a customer-sited
renewable energy system is connected to the utility grid through a
customer's utility meter ("behind-the-meter generation.") At
any given moment, if the site is using more electricity than the system
is producing, all the electricity produced by the system is used on-site
and the site's electricity needs are supplemented from the grid.
If the site is using less electricity than the system is producing,
the excess electricity is exported to the grid and the customer receives
a credit.
Land, designated as "prime farmland" in the U.S. Department
of Agriculture Natural Resources Conservation Service (NRCS)'s
Soil Survey Geographic (SSURGO) Database on Web Soil Survey based
on soil characteristics that has the best combination of physical
and chemical characteristics for producing food, feed, forage, fiber,
and oilseed crops and is also available for these land uses.
The entire surface area covered by a solar panel, or physically
connected group of panels, regardless of the method by which the panels
are supported or attached to the ground, as measured on a horizontal
plane projected from the perimeter of said panel, or group of panels,
vertically to the ground. For tilting panels, PV system coverage shall
be determined by the tilt angle producing the greatest PV system coverage.
An arrangement with public utility that allows for the kilowatt-hours
(kwh) generated from a solar PV system located at a specific site
to be credited towards kwh of consumption at a different location.
A solar PV system that is attached to the roof of a building.
Any number of electrically connected solar photovoltaic (PV)
panels that are connected to the same inverter.
A device, containing photovoltaic cells, capable of collecting
and converting solar energy into electrical energy.
A solar energy collection system consisting of solar photovoltaic
cells, panels and/or arrays, and other related equipment, which rely
upon solar radiation as an energy source for collection, inversion,
storage and distribution of solar energy for electricity generation.
A solar PV system may be building-mounted, ground-mounted or building-integrated.
A.Â
By-right solar PV systems. The following systems shall be permitted
by right in any zoning district in the Town, provided the system is
generating electricity primarily for the land use(s) located on the
same lot as the system, and the system meets the standards for by-right
systems identified below. By-right systems shall require a building
permit.
B.Â
Standards for by-right systems.
(1)Â
Accessory use. Roof-mounted by-right PV systems shall be considered
an accessory use.
(2)Â
Only small-scale ground-mounted PV systems shall be considered as
by-right systems. Such by-right systems shall be limited to a capacity
of 25 kw or less and generate no more than 110% of the kilowatt-hours
of electricity consumed over the previous twelve-month period by land
use(s) existing on the lot or parcel where the system is located.
(3)Â
By-right facilities shall comply with all applicable New York State
Uniform Fire Prevention and Building Codes.
(4)Â
In no event shall the combined total of PV system coverage and building
coverage 40% of the total lot area.
C.Â
Roof-mounted PV systems.
(1)Â
Roof-mounted PV system installed on a sloped roof:
(a)Â
Highest point of system shall not exceed the highest point of
the roof to which it is attached.
(b)Â
Solar panels shall be parallel to the roof surface or tilted
with no more than eighteen-inch gap between the module frame and the
roof surface. This measurement shall not be taken from any parapet
which might be considered part of a roof.
A.Â
Except for by-right PV systems described above, no other type of ground-mounted PV system shall be constructed without obtaining a special use permit and site plan approval from the Planning Board pursuant to § 211-9. Solar PV systems requiring a special use permit may be permitted in all zoning districts except the Limited Development District. All ground-mounted PV systems shall require a building permit. Solar PV systems requiring a special use permit and site plan approval shall include:
(1)Â
Large-scale ground-mounted PV systems.
(2)Â
Roof-mounted and building-integrated PV systems having a system capacity
greater than 25 kw and/or generating more than 110% of the kilowatt-hours
of electricity consumed over a twelve-month period by land use(s)
existing on the lot or parcel.
(3)Â
PV systems, regardless of size, generating and providing electricity
through a remote net metering agreement or other arrangement to an
off-site user.
(4)Â
PV systems, regardless of size, mounted on carports or canopy structures
covering parking facilities.
B.Â
Classifications: PV systems requiring a special use permit and site
plan approval may be classified as either an accessory use or a principal
use as set forth:
(1)Â
Principal use. PV system constructed on a lot or parcel providing
electricity to an offsite user through remote net metering agreement
(large-scale PV system) shall be considered a principal use. All ground-mounted
PV systems classified as a principal use shall adhere to the area
and height requirements of the zoning district in which the system
is located, unless modified herein.
(2)Â
Accessory use/accessory structure. PV system generating electricity
for the sole consumption of a principal use or building(s) located
on the same lot or parcel as the system shall be considered an accessory
use/accessory structure.
A.Â
Setbacks. Subject to the minimum yard and setback requirements for
the zoning district in which the system is located. No part of a ground-mounted
systems shall extend into the required yards and/or setbacks due to
a tracking system or seasonal adjustment in the location, position
or orientation of solar PV related equipment or parts.
(1)Â
Setbacks in residential districts. Location of large-scale ground-mounted
solar collectors shall meet all applicable setbacks for accessory
structures in the zoning district in which the project is located,
but not less than 25 feet from any public highway right-of-way or
utility easement. Natural vegetation shall be preserved within this
25 foot buffer and if possible augmented.
(2)Â
Screening. The setback is intended to provide a visual buffer between
the PV system and adjacent dwellings. Plantings within this area are
to be at a height so as to provide, as much as practicable, a visual
screen of the large-scale ground-mounted system from residential uses.
The species, type, location and height of such landscaping shall be
consistent with the Town of Victor Native Plant Manual and subject
to the approval of the Planning Board.
B.Â
Utility connections. Utility lines from large-scale ground-mounted
PV system shall be installed underground unless determined otherwise
by the Planning Board for poor soil conditions; topography; or requirements
of utility provider. Transformers for interconnection may be above
ground if required by the utility provider.
C.Â
Fences. Fences not exceeding eight feet in height, may be permitted
for the purpose of screening or enclosing a large-scale ground-mounted
PV system regardless of the zoning district in which the system is
located, provided the system is classified as a principal use
D.Â
Barbed wire. Fences intended to enclose a large-scale ground-mounted
PV system may contain barbed wire canted out.
E.Â
Height. Large-scale ground-mounted PV systems may not exceed 12 feet
in height.
F.Â
Minimum lot size. Large-scale ground-mounted PV systems shall adhere
to the minimum lot size requirements for the zoning district in which
the system is located. Except for residential districts, the minimum
lot size shall be one acre.
G.Â
Lot coverage. Large-scale ground-mounted PV systems shall adhere
to maximum lot coverage requirements for principal uses within the
zoning district in which they are located.
H.Â
Signs. Large-scale ground-mounted PV systems classified as a principal
use shall adhere to the sign requirements for the zoning district
in which they are located, in addition to the following specific requirements:
(1)Â
No signage or graphic content shall be displayed on the solar energy
systems except the manufacturer's name, equipment specification
information, safety information, and twenty-four-hour emergency contact
information.
(2)Â
As required by National Electric Code (NEC), disconnect and other
emergency shutoff information shall be clearly displayed on a light
reflective surface. A clearly visible warning sign concerning voltage
shall be placed at the base of all pad-mounted transformers and substations.
I.Â
Location in front yard. Notwithstanding the requirements regulating
location of accessory structures found in the Zoning Chapter,[1] large-scale ground-mounted PV systems classified as an
accessory use shall be prohibited in a front yard, including any front
yard of a corner lot.
J.Â
Tree cutting. Removal of existing trees larger than six inches in
diameter should be minimized to the extent possible.
K.Â
Farmland protection. Large-scale ground-mounted solar PV systems
proposed upon prime or important agricultural land as defined herein
may be allowed if the Planning Board determines there are no feasible
alternative locations for PV system siting on the lot in question.
L.Â
The following standards are to apply to the construction, restoration,
and follow-up monitoring of solar energy projects impacting prime
or important agricultural land. An environmental monitor (EM) shall
be hired by the applicant to oversee construction, restoration and
follow-up monitoring.
(1)Â
For projects involving less than 10 acres of prime or important agricultural
land, the construction manager or some other on-site personnel may
serve as the EM. The EM must be on site whenever construction or restoration
work is occurring on agricultural land.
(2)Â
For projects involving 10 acres or more of prime or important agricultural
land, the EM shall be on site whenever construction or restoration
work is occurring on agricultural land and shall coordinate with the
New York State Department of Agriculture and Markets, Division of
Land and Water Resources to develop an appropriate schedule for project
inspections.
(3)Â
The EM shall contact the New York State Department of Agriculture
and Markets, Division of Land and Water Resources, if farm resource
concerns or management matters pertinent to the agricultural operation
and site-specific implementation conditions found below cannot be
resolved.
(a)Â
Construction requirements:
[1]Â
The surface of access roads constructed through agricultural
fields shall be level with the adjacent field surface.
[2]Â
Access roads shall be located along the edge of agricultural
areas, in areas next to hedgerows and field boundaries, and in nonagricultural
areas of the site to the greatest extent practicable.
[3]Â
The width of access roads across or along agricultural fields
shall be no wider than 20 feet so as to minimize the loss of agricultural
lands while maintaining compliance with New York State Uniform Fire
Prevention and Building Codes for emergency vehicle access.
[4]Â
Culverts and waterbars shall be installed, where necessary,
to maintain natural drainage patterns.
[5]Â
All topsoil from agricultural areas used for vehicle and equipment
traffic, parking, and equipment laydown and storage areas shall be
stripped and stockpiled. All vehicle and equipment traffic and parking
shall be limited to the access road and/or designated work areas,
such as laydown areas. Vehicles and equipment shall not be allowed
outside the work area without prior approval from the landowner and,
when applicable, the environmental monitor.
[6]Â
Topsoil stripped from work areas (parking areas, electric cable
trenches, along access roads) shall be stockpiled separately from
other excavated material (rock and/or subsoil). A minimum of 50 feet
of temporary workspace shall be provided along "open-cut" electric
cable trenches for proper topsoil segregation. All topsoil shall be
stockpiled immediately adjacent to the area where stripped/removed
and shall be used for restoration on that particular site. Topsoil
stockpile areas shall be clearly designated in the field and on construction
drawings.
[7]Â
Electric interconnect cables and transmission lines installed
aboveground can create long-term interference with mechanized farming
on agricultural land. Therefore, interconnect cables shall be buried
in agricultural fields wherever practicable. Interconnect cables and
transmission lines installed aboveground shall be located outside
field boundaries wherever possible. When aboveground cables and transmission
lines must cross farmland, minimize agricultural impacts by using
taller structures that provide longer spanning distances and locate
poles on field edges to the greatest extent practicable.
[8]Â
All buried electric cables in cropland, hayland and improved
pasture, shall have a minimum depth of 48 inches of cover. In unimproved
grazing areas and land permanently devoted to pasture, the minimum
depth of cover shall be 36 inches. In areas where the depth of soil
over bedrock ranges from zero inches to 48 inches, the electric cables
shall be buried entirely below the top of the bedrock or at the depth
specified for the particular land use, whichever is less. At no time
shall the depth of cover be less than 24 inches below the soil surface.
[9]Â
When buried electric cables alter the natural stratification
of soil horizons and natural soil drainage patterns the effects shall
be rectified with measures such as subsurface intercept drain lines.
Ontario County Soil and Water Conservation District shall be consulted
concerning the type of intercept drain lines to be installed to prevent
surface seeps and the seasonally prolonged saturation of the cable
installation zone and adjacent areas. All drain lines shall be installed
in accordance with Natural Resource Conservation Service standards
and specifications. Drain tile shall meet or exceed the AASHTO M252
specifications.
[10]Â
Existing drainage and erosion control structures, such as diversions,
ditches, and drain tile shall remain undamaged and protected. Where
existing drainage and erosion control infrastructure must be removed,
appropriate measures shall be taken to maintain the design and effectiveness
of the originally installed structures. Drainage and erosion control
structures disturbed during construction shall be repaired or replaced
to as close to original condition as possible, unless said structures
are to be eliminated based upon the large-scale ground-mounted solar
PV system site plan approval.
[11]Â
All excess subsoil and rock shall be removed from the site.
On-site disposal of such material shall only be allowed if approved
by the landowner, with appropriate consideration given to any possible
agricultural or environmental impacts. Any permits necessary for disposal
under local, state and/or federal laws and regulations shall be obtained
by the contractor, with the cooperation of the landowner when required.
[12]Â
All pieces of unused wire, bolts, and other metal objects shall
be removed and properly disposed of as soon as practical to prevent
mixing with any topsoil.
[13]Â
Excess concrete shall not be buried or left on the surface in
active agricultural areas. Concrete trucks shall be required to use
designated washout stations located outside of agricultural areas.
[14]Â
In pasture areas, it may be necessary to construct temporary
or permanent fences around work areas to prevent livestock access,
consistent with landowner agreements.
(b)Â
Restoration requirements. All agricultural areas temporarily
disturbed by construction shall:
[1]Â
Be decompacted to a depth of 18 inches with a deep ripper or
heavy-duty chisel plow. Soil compaction results should be no more
than 250 pounds per square inch (PSI) as measured with a soil penetrometer.
In areas where the topsoil was stripped, soil decompaction should
be conducted prior to topsoil replacement. Following decompaction,
remove all rocks four inches and larger in size from the surface of
the subsoil prior to replacement of topsoil. Replace the topsoil to
original depth and reestablish original contours where possible. Remove
all rocks four inches and larger from the surface of the topsoil.
Subsoil decompaction and topsoil replacement shall be avoided between
the months of October and May unless favorable soil moisture conditions
exist.
[2]Â
Regrade all access roads to allow for farm equipment crossing
and to restore original surface drainage patterns, or other drainage
pattern incorporated into site plan design, approved by the Planning
Board.
[3]Â
Seed all restored agricultural areas with the seed mix specified
by the landowner, in order to maintain consistency with the surrounding
areas.
[4]Â
All surface or subsurface drainage structures damaged during
construction shall be repaired to as close to preconstruction conditions
as possible, unless said structures are to be removed as part of the
site plan approval. All surface or subsurface drainage problems resulting
from construction of the large-scale ground-mounted solar PV system
shall be corrected with the appropriate mitigation as determined by
the EM, Ontario County Soil and Water Conservation District and the
landowner.
[5]Â
Restoration practices shall be postponed until favorable (workable,
relatively dry) topsoil/subsoil conditions exist. Restoration is not
to be conducted while soils are in a wet or plastic state. Stockpiled
topsoil shall not be regraded and subsoil shall not be decompacted
until plasticity, as determined by the Atterberg field test, is adequately
reduced. No project restoration activities shall occur in agricultural
fields between the months of October and May unless favorable soil
moisture conditions exist.
[6]Â
Following site restoration, all construction debris shall be
removed from the site.
(c)Â
Monitoring and remediation requirement. Immediately following
site restoration, the applicant shall provide a monitoring and remediation
period of no less than two years. The monitoring and remediation period
allows for the effects of climatic cycles such as frost action, precipitation
and growing seasons to occur, from which various monitoring determinations
can be made. The monitoring and remediation phase is used to identify
any remaining agricultural impacts associated with construction that
may be in need of mitigation and to implement the follow-up restoration.
[1]Â
General conditions to be monitored shall include topsoil thickness,
relative content of rock and large stones, trench settling, crop production,
drainage and repair of severed subsurface drain lines, fences, and
any other conditions the Planning Board shall deem appropriate.
[2]Â
Topsoil deficiency and trench settling shall be mitigated with
imported topsoil that is consistent with the quality of topsoil on
the affected site. All excess rocks and large stones are to be removed
from the site.
(d)Â
Decommissioning. If the use of the solar arrays is discontinued:
[1]Â
All aboveground solar array structures shall be removed and
all areas previously used for agricultural production shall be restored
to conditions accepted by the landowner, the Ontario County Soil and
Water Conservation District, and the State Department of Agriculture
and Markets.
[2]Â
All concrete piers, footers, or other supports shall be removed
to a depth of 48 inches below the soil surface. Underground electric
lines shall be abandoned in place. Access roads in agricultural areas
shall be removed, unless otherwise specified by the landowner.
Notwithstanding the area, lot and bulk requirements of the Zoning
Chapter,[1] roof-mounted and building-integrated PV systems may be
installed on nonconforming buildings as follows:
A.Â
On the roof of a nonconforming building that exceeds the maximum
height restriction. System may not extend above the peak of highest
point of the roof to which it is mounted.
B.Â
On a building that does not meet the minimum setback or yard requirements,
provided there is no increase in the extent or degree of nonconformity.
C.Â
On a building that exceeds the maximum lot coverage requirements,
provided there is no increase in the extent or degree of nonconformity.
A.Â
Applicability and purpose. This section shall apply to large-scale
ground-mounted PV systems with a rated capacity of 25 kw or more.
The purpose of this section is to provide for the safety, health,
protection and general welfare of persons and property in the Town
by requiring abandoned large-scale PV 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,
creating a negative visual and environmental impact on the Town. Abandoned
large-scale PV systems may become unsafe by reason of their energy-producing
capabilities and may become an attractive nuisance.
B.Â
Abandonment. A large-scale ground-mounted PV system shall be deemed
abandoned if the system fails to generate and transmit electricity
at a rate of more than 10% of its rated capacity over a continuous
period of 12 months. A large-scale PV system shall be deemed abandoned
if following site plan approval, initial construction of the system
has been commenced and is not completed within 18 months of issuance
of the first building permit.
C.Â
Extension of time. The time at which the large-scale PV system shall
be deemed abandoned may be extended by the Planning Board for one
additional period of one year, provided the system owner presents
to the Board a viable plan outlining steps and schedules for placing
the system in service or back in service within the time period of
the extension. Application for an extension of time shall be made
to the Planning Board by the PV system owner prior to abandonment.
D.Â
Removal required. A large-scale PV system which has been abandoned
shall be decommissioned and removed. The PV owner and/or owner of
the land upon which the system is located shall be held responsible
to remove all components of the system within one year of abandonment.
Removal of the PV system shall be in accordance with the decommissioning
plan approved by the Planning Board.
E.Â
Decommissioning and removal.
(1)Â
Decommissioning plan. All applications for a large-scale PV system
shall be accompanied by a decommissioning plan. The decommissioning
plan shall address the following items.
(2)Â
Decommissioning and removal of a large-scale PV system shall consist
of:
(a)Â
Physical removal of all aboveground and below-ground equipment,
structures and foundations (solar arrays, buildings, security barriers,
fences, electric transmission lines and components, roadways, other
physical improvements to the site).
(b)Â
Disposal of all solid and hazardous waste in accordance with
local, state and federal waste disposal regulations.
(c)Â
Restoration of the ground surface and soil to conditions existing
prior to the PV system installation.
(d)Â
Stabilization and revegetation of the site with native seed
mixes and/or plant species, consistent with the Town of Victor Native
Plant Manual, to minimize erosion.
(3)Â
The Planning Board may permit the system owner to leave certain underground
or aboveground improvements in place provided the owner can show that
such improvements are part of a plan to redevelop the site and are
nondetrimental to redevelopment and have no adverse effect to community
character or the environment.
F.Â
Special use permit conditions. The following conditions shall apply
to all special use permits issued for a large-scale ground-mounted
PV system. No special use permit shall be issued unless the Planning
Board finds that the conditions have been or will be met.
(1)Â
A licensed engineer's estimate of the anticipated operational
life of the system.
(2)Â
Identification of the party responsible for decommissioning.
(3)Â
Descriptions of any agreement regarding decommissioning between the
responsible party and the land owner.
(4)Â
A schedule showing the time frame over which decommissioning will
occur and for completion of site restoration work.
(5)Â
A cost estimate prepared by a licensed engineer estimating the full
cost of decommissioning and removal of the PV system.
(6)Â
A financial plan to ensure that financial resources will be available
to fully decommission the site.
(7)Â
An acceptable form of surety to be approved by the Town Engineer,
accepted by the Town Board, and filed with the Town Clerk in an amount
specified in the above referenced financial plan. Surety is to remain
in effect for the above referenced anticipated operational life of
the system. If the anticipated operational life of the system is amended,
then a revised acceptable form of surety is to be approved by the
Town Engineer, accepted by the Town Board, and filed with the Town
Clerk.
(8)Â
Financial surety. Prior to the issuance of a building permit and
every three years thereafter, the large-scale PV system owner and/or
landowner shall file with the Town Clerk evidence of financial surety
to provide for the full cost of decommissioning and removal of the
PV system in the event the system is not removed by the system owner
and/or landowner. Evidence of financial surety shall be in effect
throughout the life of the system and shall be in the form of an irrevocable
acceptable form of surety or other form of surety acceptable to and
approved by the Town Board. The Town shall be entitled to draw upon
the acceptable form of surety in the event that the large-scale PV
system owner and/or landowner is unable or unwilling to commence decommissioning
activities within the time periods specified herein. No other parties,
including the owner and/or landowner, 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 Board to terminate
the acceptable form of surety. In the event ownership of the system
is transferred to another party, the new owner shall file evidence
of financial surety with the Town Board at the time of transfer, and
every three years thereafter, as provided herein.
(9)Â
Amount. The amount of the surety shall be determined by the Town
Engineer based upon a current estimate of decommissioning and removal
costs as provided in the decommissioning plan and subsequent annual
reports. After review of an annual report the Town Board may adjust
the amount of the surety to reflect any changes in the estimated cost
of decommissioning and removal. Any revised surety is to be filed
with the Town Clerk's office.
(10)Â
Annual report. The large-scale PV system owner shall, on a yearly
basis from the certificate of compliance issued by the Code Enforcement
Officer, provide the Town Code Enforcement Officer a written 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. The report shall also identify
any change of ownership of the solar PV 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 actual report shall be submitted no later than 45
days after the end of the calendar year. Every third year, to coincide
with the filing of evidence of financial surety, the annual report
shall also include a recalculation of the estimated full cost of decommissioning
and removal of the large-scale solar PV system. The Town Board may
require an adjustment 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 subject
to the penalties of this article.
(11)Â
Decommissioning and removal by Town. If the large-scale PV 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.
G.Â
Determination of abandonment. Upon a determination by the Code Enforcement
Officer that a large-scale solar PV system has been abandoned, the
Code Enforcement Officer shall notify the system owner, landowner
and permittee by certified mail:
(1)Â
In the case of a facility under construction, to complete construction
and installation of the facility within 180 days; or
(2)Â
In the case of a fully constructed facility that is operating at
a rate of less than 10% of its rated capacity, to restore operation
of the facility to no less than 80% of rated capacity within 180 days,
or the Town will deem the system abandoned and commence action to
revoke the special use permit and require removal of the system.
H.Â
Failure to perform notification. If deemed abandoned, and if either
the system owner, 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, landowner and permittee,
by certified mail, that the solar PV system has been deemed abandoned
and the Town intends to revoke the special use permit within 60 days
of mailing said notice. The notice shall also state that the permittee
may appeal the Code Enforcement Officer's determination to the
Planning Board and request a public hearing upon the matter.
(1)Â
Said appeal and request for hearing must be made and received by
the Planning Board within 30 days of mailing notice. Failure by the
permittee to submit an appeal and request for hearing within the thirty-day
period will result in the special use permit being deemed revoked
as stated herein.
(2)Â
In the event the permittee appeals the determination of the Code
Enforcement Officer and requests a hearing, the Planning Board shall
schedule and conduct said hearing within 60 days of receiving the
appeal and request. In the event a hearing is held, the Planning Board
shall determine whether the solar PV system has been abandoned, whether
to continue the special use permit with conditions as may be appropriate
to the facts and circumstances presented to the Board or whether to
revoke the special use permit and order removal of the solar PV system.
(3)Â
Upon a determination of abandonment by the Code Enforcement Officer
and the subsequent revocation of the special use permit by the Planning
Board, the decommissioning plan must be implemented and the system
removed within one year of having been deemed abandoned or the Town
Board may cause the removal at the owner's 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 Board
may collect the required surety and use said funds to implement the
decommissioning plan.
(4)Â
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 PV system, including legal costs and expenses,
shall be reimbursed from the surety posted by the system owner or
landowner as provided herein. 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 with the same
penalties as are provided by law for the collection and enforcement
of real property taxes in the Town.
A.Â
Enforcement official. It shall be the duty of the Code Enforcement
Officer to enforce this article and to bring to the attention of the
Town Board any violations or lack of compliance herewith.
B.Â
Enforcement of open space, natural resource and landscaping requirements.
All open space, natural resource and landscaping requirements, including
conservation easements, are enforceable by the Town Code Enforcement
Officer. Failure to comply with said requirements shall be a violation
of this article, subject to penalties as set forth herein.
C.Â
Violations. Any person, firm or corporation who or which fails to
comply with or violates any of the provisions of this article shall
be guilty of an offense and subject to the penalties for that offense
or offenses.
D.Â
Penalties. For each violation, any person, firm, company or corporation
who or which neglects or refuses to do any act required by this article
shall be guilty of an offense and shall be punishable as follows:
(1)Â
For the first offense, for each violation: a fine of up to $500 or
imprisonment for up to six months, or both. Each day that a violation
continues shall constitute a separate offense punishable by the foregoing
fine.
(2)Â
For the second offense within five years, for each violation: a fine
of $500 to $1,000 or imprisonment for up to six months, or both. Each
day that a violation continues shall constitute a separate offense
punishable by the foregoing fine.
(3)Â
For the third and subsequent offense(s) within five years, for each
violation: a fine of $1,000 to $2,000 or imprisonment for up to six
months, or both. Each day that a violation continues shall constitute
a separate offense punishable by the foregoing fine.
E.Â
Civil enforcement. Appropriate actions and proceedings may be taken
by law or in equity proceedings to prevent any violation of this article,
to prevent unlawful construction, to recover damages, to restrain,
correct or abate any violation of this article. These remedies shall
be in addition to the penalties described above. Consequently, the
Town Board may institute any appropriate action or proceeding to prevent
and to restrain, correct or abate such violation or to prevent any
illegal act, conduct, business or use in and about such premises.
