Town of Evans, NY
Erie County
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Table of Contents
Table of Contents
[Added 7-17-2019 by L.L. No. 5-2019]
This article shall hereafter be known, cited and referred to as the "Solar Energy Systems Law of the Town of Evans."
The Town of Evans Town Board recognizes that solar energy is a clean, readily available source of renewable energy and intends to accommodate the use of solar energy systems in the Town. Understanding that there is growing need to properly site solar energy systems within the boundaries of the Town, this article is designed to protect land uses in the community and protect the health, safety and general welfare of citizens; preserve the overall beauty, nature and character of the Town; and promote effective and efficient use of solar energy resources. Prior to the adoption of this article, the Town had no specific procedures to address the use and siting of solar energy systems. Hence, this article seeks to:
A. 
Provide property owners and business owners/operators with guidance and flexibility in satisfying their energy needs and opportunities for reducing their energy costs; and
B. 
Provide an opportunity for the use of alternative sources of energy within the Town of Evans and promote clean energy; and
C. 
Ensure that our local community receives direct benefits from the development of utility-scale solar systems and promote community solar programs; and
D. 
Balance solar development with the protection of the Town's rural character and the quality of its many agricultural, scenic, cultural, environmental and community resources, including but not limited to, neighborhoods, commercial corridors, historic sites and districts, active farmlands, wetlands, woodlands, parklands and trails, wildlife habitats, ecosystems, waterfronts, scenic views and vistas, and areas for recreation and outdoor activities.
As used in this article, the following terms shall have the meanings indicated:
ALTERNATIVE ENERGY SYSTEMS
Structures, equipment, devices or construction techniques used for the production of heat, light, cooling, electricity or other forms of energy on a site and that may be attached to or separated from the principal use.
ARRAY
Any number of electrically connected photovoltaic (PV) modules providing a single electrical output.
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV)
The incorporation of photovoltaic materials into the physical structure of a building. BIPV technologies include photovoltaic shingles or tiles, photovoltaic laminates and photovoltaic glass. Examples of placement include vertical facades, semitransparent skylights and windows, awnings (including fixed awnings) and roofs.
BUILDING-MOUNTED SYSTEM
A solar energy system that is affixed to the side(s) of a building or other structure, either directly or by means of support structures or other mounting devices, but not including those mounted to the roof or top surface of a building. Said system is designed and intended to generate electricity solely for use on the subject lot, potentially for multiple tenants, through a distribution system that is not available to the public.
CELL
The smallest basic solar electric (photovoltaic) device that can generate electricity when exposed to radiant energy (visible sunlight).
COMMUNITY SOLAR
Installations of solar photovoltaic systems that are shared by a group of local residents and/or business owners, such as "adopt a solar panel" programs or other similar arrangements, where multiple community subscribers receive credit on their electricity bills for their share of the power produced.
GLARE
To shine with a harsh, bright light.
GLINT
To shine in small, bright flashes.
GROUND-MOUNTED SYSTEM
A photovoltaic system mounted on a structure, pole or series of poles that are constructed specifically to support the photovoltaic system and not physically attached to any structure.
MEGAWATT
A unit of power equal to 1,000,000 watts.
MODULE
The smallest protected assembly of interconnected photovoltaic cells.
PHOTOVOLTAIC (PV)
Any material or device with the capability to generate electric current or voltage when exposed to electromagnetic radiation (radiant energy), in particular visible light from the sun.
PRIME FARMLAND
Land designated as "prime farmland" (including prime farmland if drained) in the U.S. Department of Agriculture Natural Resources Conservation Service's (NRCS) Soil Survey Geographic (SSURGO) Database on Web Soil Survey, 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.
QUALIFIED SOLAR INSTALLER
A person who has skills and knowledge related to the construction and operation of photovoltaic solar equipment and installations and has received safety training on the hazards involved therein. This shall include persons who are on the list of eligible photovoltaic installers, as 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). Persons who are not on the NYSERDA or NABCEP lists of eligible or certified installers may be deemed to be qualified solar installers if the Code Enforcement Office of the Town of Evans determines such persons to have had adequate training to determine the degree and extent of any hazard and have the personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts.
ROOF-MOUNTED SYSTEM
A solar power system in which solar panels are mounted on top of the structure either as a flush-mounted system or as modules fixed to frames that can be tilted or articulated to achieve an optimal angle for tracking the sun.
SOLAR ACCESS
Land area or space that is open to the sun and clear of overhangs or shade, including structures built on private property that do not infringe on the rights of adjacent properties.
SOLAR PHOTOVOLTAIC SYSTEM (SPS)
A solar collection system consisting of one or more building- and/or ground-mounted solar photovoltaic cells, modules, panels or arrays and solar-related equipment that rely upon solar radiation as an energy source for collection of solar energy, conversion of solar energy to electricity, inversion of DC electricity to AC electricity and storage/distribution of electricity generated through the system.
SPS TYPE 1
A utility (large) scale system designed solely for the purpose of capturing solar energy, transferring it to the grid, and selling electricity to the public utility entity by way of a value of distributed energy resources (VDER), or other compensation mechanism(s) set forth by the state and/or utility companies.
SPS TYPE 2
A small-scale system designed to generate no more than 110% of the electricity consumed on a residential or commercial site over the previous 12 months. A Type 2 system shall be permitted to supply power to the local utility grid, on a limited basis, by way of VDER.
TRACKING SYSTEM
A number of photovoltaic modules mounted such that they track the movement of the sun across the sky to maximize energy production, either with a single-axis or dual-axis mechanism.
UTILITY-SCALE PHOTOVOLTAIC SYSTEM
A solar photovoltaic system that is designed and intended to supply electrical energy solely to the utility grid for sale to the general public.
VALUE OF DISTRIBUTED ENERGY RESOURCES (VDER)
The replacement for net metering agreements (NEM). This mechanism compensates solar projects based on when and where they provide electricity to the grid. NYSERDA New York State Energy Research and Development Authority) provides additional guidance and calculations for VDER.
A. 
Building; roof- and ground-mounted solar photovoltaic systems.
(1) 
A building permit shall be required for the installation of all roof- and building-mounted SPSs and ground-mounted systems for small-scale residential use.
(2) 
All review and permitting for roof-, building- and ground-mounted systems shall be the responsibility of the Town of Evans Code Enforcement Officer.
(3) 
Any post-construction changes to any small-scale roof, building- or ground-mounted SPS requires review and approval by the Town of Evans Code Enforcement Officer.
(4) 
Building-integrated photovoltaic systems shall be shown on the plans submitted for the building permit application for the building containing the system; a separate building permit is not required.
B. 
Utility-scale solar photovoltaic systems.
(1) 
All utility-scale SPSs shall require the issuance of a special use permit approval pursuant to § 200-45 from the Evans Town Board. The Town Board shall refer all special use permit applications to the Planning Board and Code Enforcement Office for review and recommendations prior to the issuance of site plan approval and the special use permit.
C. 
Applicability.
(1) 
Two types of ground-mounted SPSs are addressed herein:
(a) 
SPS Type 1: A utility (large) scale system designed solely for the purpose of capturing solar energy, transferring it to the grid, and selling electricity to the public utility entity by way of a value of distributed energy resources (VDER), or other compensation mechanism(s) set forth by the state and/or utility companies;
(b) 
SPS Type 2: A small scale system designed to generate no more than 110% of the electricity consumed on a residential or commercial site over the previous 12 months. A Type 2 system shall be permitted to supply power to the local utility grid, on a limited basis, by way of VDER.
D. 
Permitted use and locations.
(1) 
SPS Type 1.
(a) 
Any SPS Type 1 shall only be permitted within the Utility Scale Solar Overlay District as identified in Attachment A[1] of this chapter, and subject to all other standards contained herein.
[1]
Editor's Note: Attachment A is included as an attachment to this chapter.
(b) 
Per the Town's Comprehensive Plan adopted January 9, 2019, no SPS Type 1 shall be located within the designated boundaries of the Local Waterfront Revitalization Area (LWRA), nor along the corridors of State Route 5, Lake Shore/Old Lake Shore Road, or Eden-Evans Center Road between State Routes 5 and 20.
(2) 
SPS Type 2.
(a) 
SPS Type 2 systems (roof-mounted, building-integrated, ground-mounted, and/or free-standing) are permitted in all zoning districts, subject to other standards contained herein.
(b) 
Ground-mounted Type 2 SPSs are permitted as accessory structures/uses and shall meet all applicable setback requirements of the zoning district in which they are located.
(c) 
An SPS Type 2 shall not be affixed to any portion of a building other than the roof, with the exception of building-integrated photovoltaic systems. Any roof-mounted Type 2 SPS shall be integrated into the design of the building and shall not obstruct any window, door or other architectural feature of the building.
(d) 
A roof-mounted SPS Type 2 shall not be located closer than three feet to any roof edge or building wall, and in no instance shall any part of the system extend beyond the roofline or parapet wall.
(e) 
When affixed to a pitched or peaked roof, an SPS Type 2 should generally follow the slope of the roof.
(f) 
All SPS Type 2 systems shall be reviewed in accordance with the International Building Code.
(g) 
Any ground-mounted SPS Type 2 system for a commercial or industrial property that is adjacent to a residential property shall include year-round vegetative or other physical screening within the setback area.
E. 
Minimum lot requirements.
(1) 
The minimum lot size for SPS Type 1 is 15 acres. There is no minimum lot requirement for an SPS Type 2.
(2) 
The total coverage on a lot for SPS Type 1, including freestanding solar panels, shall not exceed 80%.
(3) 
No SPS system (Type 1 or 2) shall be located in a front yard beyond the principal building line.
(4) 
SPS Type 2 ground-mounted systems associated with commercial or industrial properties shall only be allowed in rear yards.
(5) 
SPS Type 1 systems shall be set back no less than 30 feet from all side or rear property lines and 50 feet from residential properties, as measured from the parcel line to the nearest part of the system.
(6) 
SPS Type 1 systems shall be set back no less than 300 feet from any public roadway.
(7) 
No part of any SPS shall extend into the required setbacks, including any movement as a result of a tracking system or other adjustment of SPS-related equipment or parts.
(8) 
The orientation of any SPS shall not be directed at any adjacent or adjoining residential dwelling.
F. 
Height restrictions.
(1) 
The maximum overall height for Type 1 and Type 2 ground-mounted systems is 16 feet from finished grade.
(2) 
The highest part of a roof-mounted SPS shall not be more than three feet higher than the finished roof to which it is attached.
(3) 
Roof-mounted SPSs shall not be mounted flush to the roof with the exception of building-integrated photovoltaic systems.
G. 
Energy generation restrictions.
(1) 
The maximum number of megawatts (MWs) per site to be generated by a Type 1 SPS within the Town shall not exceed 5 MWs per Public Service Commission standards.
(2) 
The total MWs of electricity generated by Type 1 SPSs in the Town shall not exceed the maximum hosting capacity of the current infrastructure provided by the public utility entity for the Town.
A. 
All SPSs existing on the effective date of this article shall be allowed to continue usage as they presently exist. Routine maintenance (including replacement with a new system of like construction and size) shall be permitted on such existing systems. New construction other than routine maintenance shall comply fully with the requirements of this chapter.
B. 
No SPS shall hereafter be used, erected, moved, reconstructed, changed or otherwise altered except in conformity with these regulations.
C. 
Any applications, including applications for variances, pending for an SPS on the effective date of this article shall be subject to the provisions contained herein.
D. 
All SPSs shall be installed by a qualified solar installer, as defined by this article.
E. 
Any roof- or ground-mounted SPS shall be fully accessible to all emergency service vehicles and personnel.
F. 
Nothing contained in this article shall be construed to prohibit collective solar installations or the sale of excess power through VDER or other such compensation mechanisms in accordance with New York State Public Service Law § 66-j or similar New York State or federal laws and regulations.
G. 
All SPSs shall adhere to all applicable federal, state, county and Town of Evans laws and regulations, including building, plumbing, electrical, and fire codes.
H. 
The Town of Evans Code Enforcement Officer shall notify all local fire departments upon the approval of any approved solar installations.
A. 
Design and installation standards applicable to all SPS systems unless noted herein.
(1) 
All structures and devices used to support SPSs shall be nonreflective and/or painted a subtle or earth tone color.
(2) 
The design, construction, operation and maintenance of any SPS shall prevent the misdirection and/or reflection, glare or glint of solar rays onto neighboring properties, businesses, public roads, public parks and other public facilities in excess of that which already exists. Should this occur, proper action shall be taken to correct the problem within 30 days of notification of the Town of Evans Code Enforcement Officer.
(3) 
Artificial lighting of any SPS shall be limited to lighting required for safety and operational purposes and shall be dark-sky compliant and shielded from all neighboring properties and public roads.
(4) 
When solar storage batteries are included as a part of any SPS, they shall be placed in secure containers or enclosures that meet the requirements of the New York State Uniform Fire Prevention and Building Code when in use. When no longer used, solar storage batteries must be disposed of in accordance with all applicable laws of New York State and Erie County regulations.
(5) 
Disconnect and other emergency shutoff information must be clearly displayed at/on the meter location of a Type 1 SPS for emergency personnel, as well as twenty-four-hour emergency contact information. (See § 200-73D of this chapter.)
(6) 
The power supply cutoff device for any Type 2 roof- or ground-mounted SPS shall be located on the outside of the structures that support such systems, along with twenty-four-hour emergency contact information, where it can be easily accessed by emergency personnel.
(7) 
All wiring must be designed and installed to comply with the National Electrical Code (NEC).
(8) 
All interconnecting cables between the SPS and accessory or servicing structures shall be installed underground or within the structure they are mounted upon.
(9) 
A minimum six-foot-high fence shall be used to fully enclose any Type 1 SPS to prevent unauthorized access to the site. (See § 200-73C of this chapter.)
(10) 
The area surrounding a Type 1 SPS shall be landscaped so as to provide screening of the SPS from any public roadway or adjacent residential building or residential zoning district.
(11) 
The SPS system must be designed and constructed to comply with the most recent fire code as amended and adopted by the State of New York.
(12) 
For SPS Type 1:
(a) 
Clearing of natural vegetation shall be limited to what is necessary for the access, construction, operation, and maintenance of the solar energy system or otherwise prescribed by applicable laws, regulations, and bylaws.
(b) 
Prior to the siting of an SPS Type 1 system, the system owner, system operator, and property owner must allow a system siting location review to determine that no New York State endangered, threatened, or special concern animal species as identified in 6 NYCRR Part 182 or any New York State protected plant as defined in 6 NYCRR 193.3 exists within the proposed Type 1 SPS construction and access location. If such animals and/or plants do exist in the proposed construction and access area, the system owner, operator, and property owner are responsible for the protection of and, if allowed, the remediation and/or removal of such endangered, threatened, or special concern species and/or protected plant in a manner approved by the New York State Department of Conservation.
(c) 
No such installation shall be segmented or broken into separate ownerships so as to avoid the prohibitions contained above.
B. 
Compliance with building code.
(1) 
Building permit applications shall be accompanied by standard drawings of structural components of the SPS, including support structures, base and footings. Drawings shall be stamped and necessary calculations shall be certified, in writing, by a licensed New York State professional engineer or architect to indicate that the system complies with the current New York State Building Code.
(2) 
Where the installation or structural components vary from the standard design or specifications, proposed modifications shall be certified by a licensed New York State professional engineer or architect for compliance with the seismic and structural design provisions of the New York State Building Code.
C. 
Compliance with electrical code.
(1) 
Building permit applications shall be accompanied by a line drawing identifying the electrical components of the SPS to be installed in sufficient detail to allow for a determination that the manner of installation conforms to the electrical code. The application shall include a statement from a New York State licensed professional engineer or architect indicating that the electrical system conforms to sound engineering practices and complies with the National Electrical Code (NEC). This certification would normally be supplied by the manufacturer. All equipment and materials shall be used or installed in accordance with such drawings and diagrams.
(2) 
Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a New York State licensed professional engineer or architect for compliance with the requirements of the NEC and sound engineering practices.
D. 
Maintenance and repair records.
(1) 
An SPS shall be maintained in operational conditions at all times, subject to reasonable maintenance and repair outages. "Operational condition" includes meeting all approval requirements and conditions.
(2) 
The SPS shall be kept free from hazards, including, but not limited to, faulty wiring, loose fastenings, and creation of an unsafe condition or detriment to public health, safety or general welfare.
(3) 
The owner/operator of an SPS Type 1 shall be required to fully inspect the system on an annual basis. A copy of the inspection report shall be provided to the Evans Code Enforcement Office as part of the renewal of the special use permit. (See § 200-73 of this chapter.)
(4) 
The inspection of SPSs shall comply with all requirements of the New York State Building Code.
E. 
Abatement and removal.
(1) 
If an SPS poses a safety hazard, as determined by the Town of Evans Code Enforcement Officer, the owner or operator shall take immediate action to remedy the hazard. The Code Enforcement Officer shall have the authority to cause the abatement of any hazardous situation. If the Town of Evans determines that the SPS poses a safety hazard, a notice of violation shall be issued and the SPS shall be made nonoperational until such hazard has been remedied to the satisfaction of the Town of Evans Code Enforcement Office.
(2) 
If the use of an approved SPS is discontinued, the owner or operator shall notify the Town of Evans Code Enforcement Office within 30 days of such discontinuance. If the SPS is to be retained and reused, the owner or operator shall further inform the Town of this, in writing, at such time and obtain any necessary approvals within one year. Otherwise, the SPS is deemed automatically abandoned.
(3) 
If the SPS has been nonoperational or abandoned for a period of one year or more, the system shall be removed within 45 days of written notice from the Town of Evans to the property owner or operator of the system.
A. 
Any proposal to place, construct or modify an SPS Type 1 utility-scale solar photovoltaic system in the Town of Evans requires the issuance and approval of a special use permit and site plan approval. All applications, plans, and documentation shall be submitted to the Town of Evans Planning Board and Code Enforcement Officer with site plan approval and special use permit review undertaken by the Planning Board and special use permit approval by the Evans Town Board.
B. 
All special use permit applications shall include the following information.
(1) 
Completed special use permit application and checklist.
(2) 
Completed site development plan application and checklist.
(3) 
An accurate real property survey.
(4) 
Engineered drawings certified by a licensed professional engineer or architect.
(5) 
Design elevations that illustrate the potential views and height of proposed structures.
(6) 
Aerial site plan showing the location of relevant utility poles and lines, trees and significant vegetation (including woodlots, hedgerows and trees greater than 10 inches DBH), structures, water features (streams/creeks/ditches, floodplains, and wetlands), and the names of all adjacent property owners.
(7) 
Clearing, grading, stormwater drainage and/or erosion control plans, as required.
(8) 
Soils map that illustrates the location of all prime farm soils on the subject property.
(9) 
SPS manufacturer information.
(10) 
Maintenance and removal plan.
(11) 
Decommissioning and restoration plan and bond.
(12) 
SEQR environmental assessment form, long/full form.
C. 
Screening/landscaping, visibility and access.
(1) 
Type 1 SPSs are required to submit a screening and landscaping plan, showing adequate measures to screen the site through landscaping, grading or other means so that the visibility of solar panels/arrays and other equipment is minimized from roadways and neighboring properties. The screening and landscaping plan should include the locations, elevations, height, plant species, and/or materials that will be used to screen and/or mitigate any adverse aesthetic effects of the system. In establishing and providing vegetation for screening and field mixes, SPS Type 1 system owners and operators shall provide approved Western New York native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall use native plant species and seed mixes. The landscape plan for any Type 1 SPS shall also include deep-rooted native grasses as a long-term erosion control method to promote soil stabilization.
(2) 
A safety plan must be submitted that specifies the measures that will be used to prevent public access to unsafe areas and to provide for emergency response, including, but not limited to, the location, height, materials, and colors of fencing and other barriers to public access.
D. 
Signage and/or graphic content.
(1) 
No signage or graphic content may be displayed on any Type I SPS system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.
(2) 
The locations, size and text of any safety signage that will be used for Type 1 SPS to prohibit public access to unsafe areas shall be included with the site plan.
(3) 
Type 1 systems and sites may not be used for displaying advertising except for reasonable identification of the owner/operator and shall comply with all signage restrictions.
E. 
Maintenance and removal plan.
(1) 
A maintenance plan for the property shall be provided by the owner/operator describing the continuous maintenance to the system and property, including frequency of mowing and trimming. The maintenance plan shall remain in force for the life of the SPS.
(2) 
A removal plan shall include a written agreement by the applicant and/or owner/operator to remove all components of the SPS if such facility becomes nonfunctional or ceases to be used for its originally intended purpose, as determined by the Town of Evans. The removal plan shall remain in force for the life of the SPS.
(3) 
A bond and/or surety or other form of security, acceptable to the Town Attorney, shall be required for all Type 1 projects to cover the cost of the SPS removal and site restoration. Said proof of bond or security shall be filed with the Town prior to issuance of a building permit and shall remain in force until decommissioning and restoration is complete and satisfactory proof has been provided to and approved by the Code Enforcement Office and Town Attorney. Therefore, the bond must be renewed or replaced as necessary to account for any changes in the total decommissioning cost with renewal/replacement information provided to the Town. The bond must also be renewed, replaced or transferred as necessary with any changes in ownership of the Type 1 SPS.
F. 
Decommissioning and restoration.
(1) 
The applicant shall include a decommissioning plan with the special use permit application regarding decommissioning of the SPS and restoration of the site. The plan shall include:
(a) 
The anticipated life of the SPS.
(b) 
The estimated decommissioning costs in current dollars.
(c) 
The method and schedule for updating the costs of decommissioning and restoration.
(d) 
A method of ensuring that funds will be available for decommissioning and restoration.
(e) 
The anticipated manner in which the SPS will be decommissioned and the site restored. The plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction. The plan must ensure that the site will be restored to a useful, nonhazardous condition without delay, including: restoration of the surface grade and soil after removal of equipment and revegetation of restored soil areas with native seed mixes.
(f) 
The plan shall also include photographs and archival color images of the proposed total site plan area for the purpose of future reference during site remediation.
(g) 
Such other and reasonable requirements as determined by the Town of Evans.
(2) 
Updates to the plan for decommissioning and restoration will need to be resubmitted to the Town after the first year and every two years thereafter coinciding with the term of the special use permit.
G. 
Agricultural resources.
(1) 
Type 1 systems are not permitted on any lands within agricultural and open spaces zones, or within Erie County agricultural districts.
H. 
Additional requirements.
(1) 
In addition to the requirements set forth in this chapter, the issuance of a special use permit shall be subject to any other requirements outlined in § 200-45 of the Zoning Law.
(2) 
The applicant is required to obtain all necessary regulatory permits and approvals from all federal, state and county agencies having jurisdiction as related to the completion of the SPS Type 1.
(3) 
After completion of the SPS Type 1, the applicant shall provide post-construction certification from a licensed New York State professional engineer or architect that indicates that the project complies with all applicable codes and industry practices and has been constructed and is operating in accordance with the approved design plans.
(4) 
After the granting of the special use permit for the SPS Type 1, concurrent with site plan approval, the building permit shall be obtained within six months and construction of the project completed within 12 months. If the project is not constructed and operational within 12 months of the issue date for the special use permit, the permit and site plan approval shall lapse, and the project owner/operator will be required to seek new approval from the Town Board unless otherwise determined by the Code Enforcement Officer that the project may be continued. In such case, the project must be more than 90% constructed and near completion, in which case a three-month extension could be granted.
(5) 
Up until the time that final site plan approval has been granted by the Evans Planning Board and permits have been issued by any and all governmental agencies involved with the SPS Type 1 project, the Town Board may impose additional conditions or restrictions, as it may deem necessary, prior to approving the request for a special use permit.
(6) 
Any post-construction changes or alterations to an SPS Type 1 shall be undertaken only by amendment to the special use permit (and site plan approval, if required), subject to all requirements of this chapter.
(7) 
The siting of any Type 1 SPSs shall, to the greatest extent practicable, avoid disturbance to wetlands (state and federal, including buffer zones), streams/creeks/significant drainage ditches and a ten-foot buffer zone from the top of bank, steep slopes (over 10%), significant woodlands/forested areas [See § 200-72A(12)], noted wildlife corridors or significant natural communities [See § 200-72A(12)], and designated scenic views. Applicants shall provide justification for any proposed disturbance if they cannot be avoided and shall be required to provide appropriate mitigation measures and/or fees at the discretion of the Town Board.
(8) 
No application for approval of development of an SPS Type 1 shall be reviewed and no land development activity shall be commenced until the submission of a Stormwater Pollution Prevention Plan (SWPPP) that complies with the specifications in Article XII, Stormwater Management of the Evans Code.
(9) 
Special use permits for an SPS Type 1 are assignable or transferrable as long as they are in full compliance with all requirements of this chapter and all conditions of the permit, and the Evans Code Enforcement Officer is notified of said change, in writing, no less than 15 days prior thereto.
(10) 
A special use permit for an SPS Type 1 must be renewed after one year and on a biennial basis thereafter. A copy of the annual maintenance and inspection report must be submitted along with the application for renewal.
I. 
Fees.
(1) 
Upon filing application for a special use permit, the applicant for any SPS Type 1 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 and as set forth in Chapter 106, Fees, as appropriate. This fee shall be appropriate to cover the costs of processing and reviewing the application.
(2) 
The applicant shall pay the standard fee for the filing of a site plan application for an SPS Type 1, as determined from time to time by resolution of the Town Board and as set forth in Chapter 106, Fees.
(3) 
The Town shall require any SPS Type 1 owner to pay fees, as set by the Town Board, for review of SWPPPs, inspections, or SMP maintenance performed by the Town or performed by a third party for the Town.
(4) 
Pursuant to Subdivision 9 of the Real Property Tax Law, an SPS Type 1 owner shall be required to enter into a payment in lieu of taxes (PILOT) agreement with the Town.
(5) 
In addition to any special use permit or site plan application fees, an applicant shall also pay the required building permit application fee.
(a) 
Any applicant for an SPS Type 1 shall pay a building permit fee of $12 per $1,000 of construction cost, or such other amount as the Town Board may, from time to time, determine by resolution and as set forth in Chapter 106, Fees, in order to obtain a building permit.
(b) 
Any applicant for an SPS Type 2 shall pay a building permit fee of $100, or such other amount as the Town Board may, from time to time, determine by resolution and as set forth in Chapter 106, Fees, in order to obtain a building permit.
(6) 
All special use permits must be renewed after one year and on a biennial basis thereafter. The renewal fee for a special use permit for an SPS Type 1 is $1,000, or such other amount as the Town Board may determine, from time to time, by resolution and as set forth in Chapter 106, Fees.
A. 
Violations of any of the conditions of the special use permit, site plan approval or any other local, state or federal laws, rules or regulations, shall be grounds for the revocation of the special use permit or site plan approval. Revocation may occur after the applicant is notified, in writing, of the violations and the Town of Evans Town Board holds a hearing on same.
B. 
In their interpretation and application, the provisions of this article shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. It is not intended to interfere with, abrogate or annul other rules, regulations or laws, provided that whenever the requirements of this article are at a variance with the requirements of any other lawfully adopted regulations, rules or laws, the most restrictive, or those which impose the highest standards, shall govern.
C. 
If any section, subsection, phrase, sentence or other portion of this article is for any reason held invalid, void, unconstitutional or unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.