[HISTORY: Adopted by the Town Board of the Town of Stafford 8-13-2018 by L.L. No.
3-2019.[1]Amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former Ch. 143, Solar
Energy Facilities, adopted 2-12-2018 by L.L. No. 1-2019.
This chapter may be cited as the "Solar Energy Facilities Law,"
Stafford, New York.
A.
The Stafford Town Board of Stafford, New York, adopts this chapter
to regulate the placement of industrial solar energy facilities (SEFs)
to protect the public health, safety and welfare of its citizens and
visitors; to minimize the adverse impacts on the Town of Stafford
character and economy; to minimize negative impacts on the unique
scenic resources, including, but not limited to, adjacent lands and
waterways; to minimize the adverse impacts on property values of nearby
citizens; to minimize the adverse impacts on the Town's farming
communities; and to minimize the adverse impacts on the Town's
environment and ecosystems.
B.
This chapter is not addressing residential solar use, or a small
solar array that is on a farm or other business, exclusively for on-site
energy usage. This chapter is not intended to abridge safety, health
or environmental requirements contained in other applicable codes,
standards, or laws. The provisions of this chapter shall not be deemed
to nullify any provisions of any state or federal law.
The Stafford Town Board, Stafford, New York, enacts this chapter
establishing comprehensive regulations for solar energy facilities
for the Town of Stafford, New York, providing for the administration,
enforcement, and amendment thereof, in accordance with the provisions
of law.
Based on Stafford Solar Committee findings:
A.
The New York General Statute (e.g. 272-a) and repeated in the foundation
of the Stafford Comprehensive Plan, page 1, gives our local legislators
the power to write zoning and regulation laws "for the purpose of
promoting power to write zoning and regulation laws" "for the purpose
of promoting the health, safety, or general welfare" of their community.
It states, "While municipalities are given the power to regulate land
uses in the community, it is understood that these decisions should
be based on sound planning principles, and are not to be arbitrary
or capricious."
B.
Stafford's Comprehensive Plan desires to maintain the pastoral,
rural nature of this region. An industrial solar energy facility is
in conflict with the culture and character of the community.
C.
While solar is a semi-renewable energy resource of electricity generation,
and under some circumstances it may reduce the use of nonrenewable
energy sources, the possible benefit must be balanced against potential
negative impacts to local citizens, local economy, and local ecosystems
of Stafford.
D.
Regulation of the siting and installation of solar arrays is necessary
for protecting the health, safety, and well-being of neighboring property
owners, the general public, local agricultural lands and local ecosystems
in Stafford.
A.
Large solar energy facilities shall be permitted within the Town
of Stafford only in an industrial, industrial park or brownfield sites
designated as such. Such facilities shall be subject to the requirements
and permitting process of this chapter, in addition to other applicable
local, state and federal laws.
B.
This chapter shall apply to all areas of the Town of Stafford, New
York.
As used in this chapter, the following terms shall have the
meanings indicated. Words not defined in this chapter shall be given
their ordinary and common meanings:
A building that is located on the solar energy facility (SEF)
property.
Any equipment serving or being used in conjunction with an
SEF. The term includes utility or transmission equipment, power supplies,
generators, batteries, equipment sheds, and storage sheds, shelters
or similar structures.
With certain legal exclusions and additions, the term "brownfield
site" means real property, the expansion, redevelopment, or reuse
of which may be complicated by the presence or potential presence
of a hazardous substance, pollutant, or contaminant.
An application that contains all information and/or data
required and requested, to enable an informed decision to be made
with respect to that application.
Such areas include natural areas protected by law, such as
wetlands that meet the definition in the Clean Water Act, 33 USC § 1251
et seq.; shoreland areas; water bodies; riparian buffers; populations
of endangered or threatened species, or habitat for such species;
archaeological sites, cemeteries, and burial grounds; important historic
sites; other significant natural features and scenic view sheds; and
existing trails or corridors that connect the tract to neighboring
areas.
Account in which funds are accumulated for specific disbursements.
The cleaning, painting, repair, or replacement of defective
parts (including plumbing, electrical, or mechanical work that might
require a building permit) in a manner that does not alter the basic
design or composition of a structure, such as a solar array.
Any change, addition, removal, swap-out, exchange, and the
like that does not qualify as "repairs" and/or "maintenance" as defined
herein is a modification. Also included is any change, addition, swap-out,
exchange, and the like that requires or results in changes and/or
upgrades to the structural integrity of a solar array.
An individual, trustee, executor, receiver, other fiduciary,
corporation, firm, partnership, association, organization, club, etc.,
acting as an entity.
The replacement of existing work with the same kind of material
used in the existing work, not including additional work that would:
Shall not apply to any change in construction.
An active solar energy system that converts sunlight into
electricity using either thermal or photovoltaic methods. Such a system
has multiple solar collectors, and might include transformers, generators,
batteries, and other additional structures and/or facilities.
A device that converts sunlight into electricity using either
thermal or photovoltaic methods.
There are two general ways sunlight is converted into useful
energy: passive and active. Passive refers to such actions as opening
a window shade to let sunlight in to heat a room. Active uses mechanical
devices to collect, convert, store and distribute solar energy. The
two most common active conversions of sunlight into electricity are
thermal and photovoltaic.
A commercial electricity-generating facility (PV or CSP),
whose primary purpose is to supply electricity. This consists of one
or more solar arrays and other accessory structures and buildings,
including substations, electrical infrastructure, generators, transmission
lines, and other additional structures and/or facilities. This large-scale
sale and production of energy is for off-site usage. Also referred
to as "industrial solar energy facility."
A marketing term for an SEF.
The State of New York.
A structure owned and/or operated by a public utility, municipality,
electric membership corporation, or rural electric cooperative that
is designed specifically for and used to carry lines, cables, or wires
for telephone, cable television, or electricity, or to provide lighting.
A.
General. Before a building permit may be submitted for an SEF, a
solar energy permit application must first be approved by the Town
Board.
B.
Permit application. Throughout the permit process, the applicant/owner/operator
shall promptly notify the Town Board of any changes to the information
contained in the permit application. Changes that do not materially
alter the initial site plan may be administratively accepted. The
application for an SEF shall consist of five paper copies and electronic
(digital) filing that contains at least the following:
(1)
Summary. A narrative overview of the SEF, including its generating
capacity.
(3)
Vicinity map. Identification of the property on which the proposed
SEF will be located.
(4)
Site plan. A plan showing the:
(a)
Planned location of each solar array.
(b)
All property lines within 1,000 feet of the property lines of
the proposed site.
(c)
Each array's setback distance from the closest SEF boundary.
(d)
Access road and turnout locations.
(e)
Substation(s) and ancillary equipment, buildings, and structures.
(f)
Electrical cabling from the SEF to the substation(s), and from
the substation(s) to where the electricity will leave the site, and
associated transmission lines.
(g)
Conservation areas, including natural areas protected by law,
such as wetlands that meet the definition in the Clean Water Act;
shoreland areas; water bodies; riparian buffers; populations of endangered
or threatened species (federal or state), or habitat for such species;
flyways; archaeological sites, cemeteries, and burial grounds; important
local historic sites; existing healthy, native forests consisting
of at least one acre of contiguous area; individual existing healthy
trees that are at least 100 years old; other significant natural features
and scenic view sheds; existing trails or corridors that connect the
tract to neighboring areas.
(h)
A landscaping plan that shows proposed screening and buffering
of all arrays, buildings and other nonarray structures on the site
or sites.
(5)
Miscellaneous. The applicant/owner/operator shall provide the following
information to the Town Board:
(6)
Economic impact study. The Town of Stafford will hire independent
experts (paid for from the escrow account) who will do a thorough,
realistic assessment of the SEF's net economic impact on the
community. This will include possible tourism impact, property values,
cost to community, health effects, higher cost of electricity, etc.
This will be compared to any guaranteed incomes from the SEF.
(7)
Maintenance plan. The applicant/owner/operator shall detail storm
and other severe weather event follow-up, and other actions that shall
be taken to keep the SEF operating quietly, efficiently, and not polluting
land, water, air. Steps should be taken to insure proper operation
of inverters, inverter filters and associated electrical equipment.
This should include checks for electrical pollution. The applicant/owner/operator
shall conduct preventive maintenance inspections at least every six
months, and after any wind event defined as severe wind, which would
be wind over 40 miles per hour for one hour or wind gust 58 miles
per hour or greater. Each inspection shall look for such things as
metal fatigue, nut loosening, leakage, and other potential failures
that might impact the public health and safety. Such inspection reports
shall be provided to the Town of Stafford Zoning or Code Enforcement
Officer within 30 days of the inspection. Once a year, the Stafford
Building Inspector or designee will inspect for safety of the SEF.
(8)
Decommissioning plan. A description of how the structural and array
materials will be disposed of, how the site will be restored, as well
as:
(a)
Anticipated life of the SEF.
(b)
Estimated decommissioning costs, including contingency costs
of at least 20% (in current dollars), as provided by an appropriately
experienced licensed engineer.
(c)
A verifiable means of determining if the decommissioning plan
needs to be activated due to cessation of use, if electricity is not
received from any array within the SEF for any 30 consecutive days.
(d)
The applicant/owner/operator's plan to dispose of all hazardous
waste contained in the SEF.
(e)
Method for ensuring that funds will be available for decommissioning
and restoration as set forth in a decommission bond.
(9)
Ancillary materials. Other relevant studies, reports, certifications,
and approvals as may be reasonably requested by the Town of Stafford
to ensure compliance with this chapter, or to protect the health,
safety and well-being of the Town's citizens, or local ecosystems.
The input of local citizens will be solicited in at least one public
hearing on this application.
(10)
Town Board decision. The approval by the Town Board shall be
via special use permit. The required SEQR shall include, but is not
limited to, information and recommendations developed by the Stafford
Citizens Solar Committee. The Town Board is responsible for completion
of the SEQR and final approval of the permit required for the solar
energy project.
C.
Setbacks; power collection; signs; landscape buffer; security.
(1)
Setbacks. To provide for at least minimal operational safety for
persons and property located outside of an SEF, all SEFs shall comply
with the following: 1,000 feet from residential property lines*, 200
feet from nonresidential property lines*, highway right-of-way, and
maximum height of 20 feet**.
*Such minimum setback for an SEF shall be measured from its
outermost extension that is nearest the SEF property line, public
or private right-of-way, and access easement.
**Height is measured from the lowest adjacent grade to the highest
point of the structure, including any attachments (such as a lightning-protection
device).
(2)
Power collection. The electrical connection system from the solar
arrays to a substation shall, to the maximum extent possible, be placed
underground. The power from that substation may use overhead transmission
lines, if approved by the Town Board.
(3)
The SEF shall:
(a)
Not contain any signs or other advertising (including flags,
streamers or decorative items or any identification of the array manufacturer
(applicant/owner/operator). This does not include any identification
plaques that might be required by the electric utility or a governmental
agency.
(b)
Have a minimum landscape buffer of 25 feet on sides where neighboring
homes can see into the SEF. The buffer shall contain evergreen trees
or bushes planted no more than eight feet apart and at least four
feet tall at time of planting.
(4)
Security. The applicant/owner/operator shall submit design plans
to verify that the SEF is:
D.
SEF escrow account. The applicant/owner/operator shall pay to the
Town of Stafford a nonrefundable application fee. The Town Board is
required to obtain engineering, economic impact, environmental impact,
or other professional services to aid it in the review of any submitted
SEF application. These costs (and other expenses incurred by the Town
of Stafford) are reimbursable only from the escrow account, not the
application fee. The amount of the escrow account will be determined
by consulting with the appropriate professional organizations. There
will be a minimum amount of $150,000 in the account at all times.
(1)
The applicant/owner/operator shall reimburse the Town of Stafford
for all oversight expenses incurred relating to the SEF, from application
through decommissioning.
(2)
These SEF-related oversight expenses include (but are not limited
to) amounts required for building permits, licensing, relicensing,
and decommissioning; e.g., administration, engineering, expert health
and wildlife evaluations, handling complaints, legal, etc. "Legal"
includes reasonable attorney fees for the Town of Stafford if the
Town of Stafford in the event that an action is commenced by the Town
to enforce provisions of this chapter by the applicant/owner/operator.
(3)
Any escrow account interest shall stay with the account and be considered
new principal.
(4)
Escrow account set up; initial deposit; application determination.
(a)
This escrow account will be set up by the applicant/owner/operator
at the time of the SEF permit application. This escrow account will
be at a financial institution approved by the Town of Stafford, solely
in the name of the Town of Stafford, to be managed by the Town of
Stafford (or designee appointed by the Stafford Town Board).
(b)
The applicant/owner/operator will make an initial deposit of
$150,000 determined by the Stafford Town Board. An SEF permit application
will not be processed until the applicant/owner/operator has provided
proof of deposit. An SEF permit application determination will not
be made until all costs incurred to date have been reimbursed by the
applicant/owner/operator.
(5)
If the SEF application is denied, all escrow account funds will be
returned to the applicant/owner/operator, less related expenses incurred
by the Town of Stafford. The money will be returned, along with a
statement as to these costs, within 30 days of the application being
formally denied, or receipt of a letter of withdrawal. Permit fees
are nonrefundable.
(6)
This escrow account will be funded during the life of the SEF by
the applicant/owner/operator. The applicant/owner/operator will replenish
any escrow funds used by the Town of Stafford within 30 calendar days
of being sent written notification (and explanation) of said withdrawals.
Failure to maintain the escrow account at a minimum balance set by
the Town of Stafford Town Board (within 30 days of being given notice)
shall be cause for revocation (or denial of renewal) of the SEF permit.
(7)
Once the SEF applicant/owner/operator believes that they have satisfactorily
complied with the decommissioning conditions specified herein, they
will send the Town of Stafford written notification. The Town of Stafford
then has 90 days to verify to their satisfaction that all decommissioning
conditions have been complied with. If there is material noncompliance,
the Town of Stafford will so notify the SEF applicant/owner/operator,
and the process starts over. Otherwise the Town of Stafford will return
all escrow account funds to the SEF applicant/owner/operator, less
related expenses incurred by the Town of Stafford, along with an explanatory
statement.
E.
SEF real property value protection plan. The SEF applicant/owner/operator
shall assure the Town of Stafford that there will be no loss in real
property value for any property within 2,500 feet of the SEF. To legally
support this claim, the applicant/owner/operator shall consent in
writing to a real property value protection agreement as a condition
of approval for the SEF. This agreement shall provide assurance to
nonparticipating real property owners (i.e., those with no solar facilities
on their property) near the SEF, that they have some protection from
SEF-related real property value losses. A study must be made based
on information for the Town of Stafford.
(1)
If a property owner wants to exercise this option, they must do so
within 10 years of the SEF receiving final approval from the Town
of Stafford.
(2)
A property owner may elect to exercise this option only once.
(3)
The applicant/owner/operator and the property owner may accept mutually
agreeable modifications of this agreement, although the applicant/owner/operator
is not allowed to put other conditions on a financial settlement (e.g.,
confidentiality). If the property owner accepts some payment for property
value loss based on an alternative method, that acceptance and payment
shall be considered an exercise of this option.
(4)
This agreement applies to the property owner of record as of the
date of the SEF approval, and is not transferrable to subsequent owners.
(5)
The property owner of record as of the date of the SEF approval must
reasonably maintain the property from that time, until they choose
to elect this option.
(6)
The property owner must permit full access to the property by the
appraisers, as needed, to perform the appraisals.
(7)
The property owner must inform the appraisers of all known defects
of the property as may be required by law, as well as all consequential
modifications or changes to the property subsequent to the date of
the SEF application.
(8)
This agreement will be guaranteed by the applicant/owner/operator
(and all its successors and assigns), for 10 years following the SEF
receiving final approval from the Town of Stafford, by providing a
bond (or other surety) to the Town of Stafford, in an amount determined
to be acceptable by the Town of Stafford. This surety account will
ensure execution of all aspects of this agreement (including compensation
of eligible property owners in the case of default by applicant/owner/operator).
Failure to maintain this surety account shall be cause for revocation
(or denial of renewal) of the SEF permit. The amount of affected property
should be determined during the permitting process.
(9)
Payment by the applicant/owner/operator not made within 60 days will
accrue an interest penalty. This will be 12% annually, from the date
of the written election from the property owner.
(10)
For any litigation regarding this agreement, all reasonable
legal fees and court costs will be paid by the applicant/owner/operator.
F.
SEF surety for removal, when decommissioned.
(1)
The applicant/owner/operator shall place with the Town of Stafford
an acceptable letter of credit, bond, or other form of security that
is sufficient to cover the cost of removal at the end of each SEF
array's useful life, as detailed in the decommissioning plan.
Such surety shall be determined based on best practices and research
for each acre of a solar array. The Town Board may approve a reduced
surety amount that is not less than 150% of a cost estimate that is
certified by an engineer, salvage company, or other expert acceptable
to the Town Board. This calculation will not take into account any
estimated salvage values.
(2)
The Town of Stafford shall use this surety to assure the faithful
performance of the decommissioning terms and conditions of the applicant/owner/operator's
plan and this chapter. The full amount of the bond or security shall
remain in full force and effect until all necessary site restoration
is completed to return the site to a condition comparable to what
it was prior to the SEF, as determined by the Town Board. The applicant/owner/operator
will be responsible for assuring that any subsequent assigns of the
SEF will provide acceptable surety to the Town of Stafford, prior
to any transfer of ownership.
G.
SEF liability insurance.
(1)
The holder of a permit for an SEF shall agree to secure and maintain
for the duration of the permit public liability insurance, as follows:
(a)
Commercial general liability covering personal injuries, death
and property damage: $5,000,000 per occurrence ($10,000,000 aggregate),
which shall specifically include the Town of Stafford and its officers,
councils, employees, committee members, attorneys, agents and consultants
as additional named insured.
(b)
Umbrella coverage: $10,000,000.
(2)
The insurance policies shall be issued by an agent or representative
of an insurance company licensed to do business in the state and with
at least a Best's rating of "A."
(3)
The insurance policies shall contain an endorsement obligating the
insurance company to furnish the Town of Stafford with at least 30
days' prior written notice in advance of a cancellation.
(4)
Renewal or replacement policies shall be delivered to the Town of
Stafford at least 15 days before the expiration of the insurance that
such policies are to renew or replace.
(5)
No more than 15 days after the grant of the permit and before construction
is initiated, the permit holder shall deliver to the Town of Stafford
a copy of each of the policies or certificates representing the insurance
in the required amounts.
(6)
A certificate of insurance that states that it is for informational
purposes only and does not confer sufficient rights upon the Town
of Stafford shall not be deemed to comply with this chapter.
H.
SEF indemnification. Any application for an SEF within the Town of
Stafford shall contain an indemnification provision. The provision
shall require the applicant/owner/operator to at all times defend,
indemnify, protect, save, hold harmless, and exempt the Town of Stafford,
and its officers, councils, employees, committee members, attorneys,
agents, and consultants from any and all penalties, damages, costs,
or charges arising out of any and all claims, suits, demands, causes
of action, or award of damages, whether compensatory or punitive,
or expenses arising therefrom, either at law or in equity, which might
arise out of, or are caused by, the placement, construction, erection,
modification, location, equipment's performance, use, operation,
maintenance, repair, installation, replacement, removal, or restoration
of said SEF, excepting, however, any portion of such claims, suits,
demands, causes of action or award of damages as may be attributable
to the negligent or intentional acts or omissions of the Town of Stafford,
or its employees or agents. With respect to the penalties, damages,
or charges referenced herein, reasonable attorneys' fees, consultants'
fees, and expert witness fees are included in those costs that are
recoverable by the Town of Stafford.
I.
SEF permit fees. The nonrefundable permit application fee shall be
set annually by the Town Board.
J.
Standards for Town Board's SEF permit application decision.
The Town Board may disapprove an SEF permit application for a variety
of legal reasons, including, but not limited to, the following:
(1)
Conflict with safety and safety-related codes and requirements.
(2)
The use or construction of an SEF that is contrary to an already-stated
purpose of a specific zoning or land use designation.
(3)
The operation of an SEF would be a net economic liability to the
community.
(4)
The operation of an SEF would create unacceptable health risks to
the public.
(5)
The placement and operation of an SEF that would create unacceptable
risks to wildlife and/or regional ecosystems.
(6)
The placement and location of an SEF would result in a conflict with,
or compromise or change in, the nature or character of the surrounding
area.
(7)
The operation of an SEF would create unacceptable interference with
any type of military or aviation operations.
(8)
Conflicts with any provisions of this chapter.
A.
SEF construction-related damage. The owner of any permitted SEF shall,
to the extent practicable, repair or replace all real or personal
property, public or private, damaged during the SEF construction.
(1)
Any road damage during construction that is caused by the applicant/owner/operator
or one or more of its subcontractors that is identified by the New
York State Department of Transportation ("NYSDOT") Genesee County
Highway, and Town of Stafford Highway (as appropriate) shall be repaired
or reconstructed to the satisfaction of NYSDOT, Genesee County Highway,
and Town of Stafford Highway (as appropriate) at the applicant/owner/operator's
expense, prior to the final inspection. In addition, the applicant/owner/operator
shall pay for all costs related to NYSDOT, Genesee County Highway,
and Town of Stafford Highway (as appropriate) preinspection work prior
to receipt of the final inspection.
(2)
The surety for removal of a decommissioned SEF shall not be released
until the Town Board or designee is satisfied that any road damage
identified during and after decommissioning that is done by the applicant/owner/operator
and/or one or more of its contractors or subcontractors has been repaired
or reconstructed to the satisfaction of the NYSDOT, Genesee County
Highway and/or Town of Stafford Highway at the applicant/owner/operator's
expense. In addition, the applicant/owner/operator shall pay for all
costs related to work of the NYSDOT, Genesee County Highway, and Town
of Stafford Highway (as appropriate) inspection prior to receipt of
the release of the surety.
B.
SEF environmental monitoring.
(1)
The applicant/owner/operator will permit post-construction environmental
studies deemed appropriate by the Stafford Town Board/Building Inspector
or designee, which will be funded by the escrow account. The applicant/owner/operator
is responsible to see that the Town of Stafford has a current written
list of all chemicals used for maintenance, etc., of the SEF (e.g.,
pesticides, herbicides, cleaners). This list shall include quantity
and frequency of application of each of these chemicals. At any time
if this information is out of date, the applicant/owner/operator will
be subject to a fine of $250 per incident.
(2)
Post-construction field studies will include scientific assessments of regional nesting failures, and territory abandonment of special status species within one mile of the SEF. When these assessments are being done, only researchers involved with these studies will be legally allowed to touch carcasses. SEF personnel who move carcasses without written Town of Stafford approval will be subject to a fine per law as solar arrays have been known to kill endangered and other highly protected species. During the life of the project, carcasses found anywhere within the SEF must be reported to the Town of Stafford Building Inspector by the applicant/owner/operator within seven days. The fine for violation of § 143-8B is $250 per carcass per incident.
C.
SEF decommissioning. The Town of Stafford Town Board will review
the projected decommissioning costs every five years. The SEF owner
will adjust their security to any changes from the original calculation.
If the Town of Stafford Building Codes Official condemns any portion
of an SEF, or if no electricity is generated from any solar array
for three consecutive months, the applicant/owner/operator and/or
property owner shall have three months to remedy the safety issues
or complete the decommissioning of the SEF, according to the approved
plan.
(1)
The Town Board may, through the Code Enforcement Officer, grant reasonable
extensions of time for repair and/or maintenance, for good cause,
such as the need to back order parts that are not currently available
from the supplier or the need to repair an SEF damaged by a storm.
(2)
Decommissioning shall include the complete removal of solar arrays,
buildings, electrical components, cabling, roads, and any other associated
facilities and/or structures, buffered fencing, including below-ground
items (e.g., foundations), to a depth of four feet below grade.
(3)
Disturbed earth shall be graded and reseeded, unless the landowner
requests in writing that the access roads or other land surface areas
not be restored.
(4)
The Town Board shall pay (from the escrow account) for at least 10
representative soil sample tests, to assure that no new contaminants
are left behind. If evidence of new contaminants is found, the applicant/owner/operator
is obligated to remedy the situation to the Town of Stafford Town
Board's satisfaction.
D.
SEF complaints. The Town of Stafford shall set up a procedure for
filing and handling SEF complaints. The applicant/owner/operator shall
initially be given a reasonable opportunity to resolve all complaints.
The cost of such resolution shall be borne by the applicant/owner/operator.
If resolution is not made in a reasonable time or 60 days (reasonable
as determined by the Stafford Town Board), the Town of Stafford may
utilize its escrow account to attempt to resolve any SEF issues. The
Town of Stafford shall establish a monitoring committee to oversee
resolution of complaints regarding SEFs.
A.
Fiscal responsibility.
(1)
The Town Board may, at its discretion, request the most recent annual
audited financial report of the permittee prepared by a duly licensed
certified public accountant, during the review process. If such report
does not exist, the Town Board may, in its sole discretion, require
a suitable alternative to demonstrate the financial responsibility
of the applicant/owner/operator and its ability to comply with the
requirements of this chapter.
(2)
No transfer or sale of any SEF, including the sale of more than 30%
of the stock of such entity (not counting sale of shares on a public
exchange) shall occur without advanced written acceptance by such
entity of the obligations of the permittee under this chapter. Any
such transfer shall not eliminate the liability of any entity for
any act occurring during its ownership or status as permittee.
The requirements of this chapter shall apply to all SEFs proposed,
operated, modified or constructed after the effective date of this
chapter.
Should any provision of this chapter be declared by any court,
administrative body, or board, or any other government body or board,
to be unconstitutional, invalid, preempted, void, or otherwise inapplicable
for any reason, such decision shall not affect the validity of this
chapter as a whole or any part thereof other than the part so decided
to be unconstitutional, invalid, preempted, void, or otherwise inapplicable.
