[Added 3-1-2022 by L.L. No. 2-2022]
The Town Board of the Town of Seneca Falls states the following
as its findings and legislative intent:
A.
This article is adopted pursuant to New York State Town Law §§ 261,
263 and 264, which authorize the Town of Seneca Falls to adopt zoning
provisions that advance and protect the health, safety, and welfare
of the community.
B.
The Town Board of the Town of Seneca Falls recognizes that solar
energy is a clean, readily available and renewable energy source and
the Town of Seneca Falls intends to accommodate the use of solar energy
systems.
C.
However, the Town Board finds it is necessary to properly site and
regulate solar energy systems within the boundaries of the Town of
Seneca Falls to protect residential uses, prime farmland, farmland
of statewide importance, business areas and other land uses, to preserve
the natural resources, overall beauty, nature and character of the
Town of Seneca Falls, to promote the effective and efficient use of
solar energy resources, and to protect the health, safety and general
welfare of the citizens of the Town of Seneca Falls.
The following definitions shall apply to this article:
The person or entity submitting an application and seeking
an approval under this article; the owner of a solar energy system
or a proposed solar energy system project; the operator of solar energy
system or a proposed solar energy system project; any person acting
on behalf of an applicant, solar energy system or proposed solar energy
system. Whenever the term "applicant" or "owner" or "operator" are
used in this article, said term shall include any person acting as
an applicant, owner or operator of such solar energy system.
A combination of photovoltaic building components integrated
into any building envelope system such as vertical facades, including
glass and other facade material, semitransparent skylight systems,
roofing materials, and shading over windows.
Any solar energy system that is affixed to the side(s) or
rear of a building or other structure either directly or by means
of support structures or other mounting devices, intended to produce
energy for on-site consumption or credit for on-site consumption for
a building, single-family residence, multifamily residence, business
or farm, but not including those mounted to the roof or top surface
of a building.
Any solar energy system that is affixed to the side(s) or
rear of a building or other structure either directly or by means
of support structures or other mounting devices, intended to produce
energy for offsite sale to and consumption by one or more customers.
Any solar energy system mounted on the roof of any legally
permitted building or structure and wholly contained within the limits
of the roof surface, intended to produce energy for offsite sale to
and consumption by one or more customers.
The removal and disposal of all solar panels, solar energy
equipment, structures, equipment and accessories, including subsurface
foundations and all other material, concrete, wiring, cabling, or
debris, that were installed in connection with a solar energy system
and the restoration of the parcel of land to the original state prior
to construction on which the solar energy system is built to either
of the following, at the landowner's (either the initial landowner
or it's heirs, successors or assigns) sole option: i) the condition
such lands were in prior to the development, construction and operation
of the solar energy system, including but not limited to restoration,
regrading, and reseeding, or ii) the condition designed by landowner
(either the initial landowner or it's heirs, successors or assigns)
and the Town. Details of the expected decommissioning activities and
costs are to be described in the decommissioning plan and decommissioning
agreement as may be required pursuant to this article.
A written agreement between the applicant, initial landowner
and Town that sets forth the obligations of the applicant and/or the
initial landowner to properly decommission the solar energy system
if the use of such system is discontinued, abandoned or becomes inoperable.
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
Any solar energy system that is affixed to the ground either
directly or by support structures or other mounting devices where
such structure and mounting exists solely to support the solar energy
system.
The record title owner to the real property upon which a
solar energy systems is constructed, at the time such solar energy
system is originally constructed.
A solar energy system mounted on the roof of any legally
permitted building or structure and wholly contained within the limits
of the roof surface, intended to produce energy for on site consumption
or credit for on-site consumption for a building, single-family residence,
multifamily residence, business or farm.
Electrical energy devices, material, hardware, inverters,
or other electrical equipment and conduit, not to include any type
of battery energy storage system or similar device, that are used
with solar panels to produce and distribute electricity.
An electrical energy generating system composed of a combination
of both solar panels and solar energy equipment.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
The procedures and processes required by the Town of Seneca
Falls Town Code.
The vertical angle, where 0° minimum tilt means the panel
is laying flat, and 90° maximum tilt means that it is vertical.
The Town of Seneca Falls, Seneca County, New York.
The Town of Seneca Falls Board.
A solar energy system intended to produce energy for on-site consumption or credit for on-site consumption for a building, single-family residence, multifamily residence, business or farm. Said system shall be considered an accessory use (as defined in § 300-6) and an accessory structure, designed and intended to generate electricity solely for use on the premises, potentially for multiple tenants, through a distribution system that is not available to the public.
A solar energy system intended to produce energy for off-site
sale to and consumption by one or more customers. Type 2 ground-mounted
systems are required to be located on parcels with a minimum lot size
of 25 acres and must not exceed 25 acres of coverage on parcels that
are 40 acres or more in size. Front, side and rear setbacks of 500
feet are required for all Type 2 ground-mounted systems.
Subject to the provisions of this article, solar energy systems
shall be allowed as follows:
A.
Type 1 building-integrated solar energy systems are allowed in all
zoning districts upon issuance of a building permit based on special
application materials supplied by the Town building and Code Department.
B.
Type 1 building-mounted solar energy systems are allowed in all zoning
districts upon issuance of a building permit based on special application
materials supplied by the Town building and Code Department. All solar
panels shall have anti-reflective coating(s).
C.
Type 1 Rooftop-Mounted solar energy systems are permitted in all
zoning districts, subject to the following:
(1)
The placement, construction and major modification of roof-mounted solar energy systems shall only be permitted upon issuance of a building permit (pursuant to Article X) based on special application materials supplied by the Town building and Code Department.
(2)
Height. Roof-mounted solar energy systems shall be subject to
the applicable height restrictions for the respective zoning district.
(3)
Roof-mounted solar energy system design standards. Roof-mounted
solar energy system installations shall comply with the following
design criteria:
(a)
Solar panels facing the front yard must be mounted at the same
angle as the roof's surface with a maximum distance of 18 inches between
the roof's surface and highest edge of the solar energy system at
any point. Solar panels not facing the front yard can be mounted at
any angle relative to the roof's surface, but shall not exceed a maximum
height of 18 inches from the surface of the roof to the highest edge
of the solar energy system at any point.
(b)
No part of a roof-mounted solar energy system shall extend above,
beyond, or below the edge of the roof it is mounted to. Additionally,
the Code Enforcement Officer may require, at his/her sole discretion,
a minimum three-foot-wide center walkway for safe access purposes.
(c)
Glare. All solar panels shall have anti-reflective coatings(s).
D.
Type 1 ground-mounted solar energy systems are allowed as accessory uses and/or structures in all zoning districts except planned unit development districts. Type 1 ground-mounted solar energy systems which are to be located in a planned unit development must comply with the requirements of § 300-72, before the same are permitted.
(1)
The placement, construction and major modification of Type 1 ground-mounted solar energy systems shall only be permitted upon issuance of building permit (pursuant to Article X) based on special application materials supplied by the Town building and Code Department.
(2)
Height. Ground-mounted Type 1 solar energy systems shall not
exceed a maximum height of 15 feet as measured from the highest point
of any solar panel (oriented at maximum tilt) or solar energy equipment
to the ground directly beneath it.
(3)
Setbacks. Ground-mounted Type 1 solar energy systems setbacks
shall be twice the standard setbacks for Accessory buildings or structures
within the zoning district it is located, but in no event shall any
such setback be less than 20 feet.
(4)
Coverage. Ground-mounted Type 1 solar energy systems ground
coverage shall not exceed the allowable total surface or area coverage
for Accessory buildings or structures within the zoning district in
which it is located and in no event shall the combination of all Accessory
buildings and structures located on the premises exceed 20% coverage
of the entire area of such parcel. For purposes of this provision,
coverage shall be calculated based upon the total surface area of
the solar panels at minimum tilt.
(5)
Glare. All solar panels shall have anti-reflective coatings(s).
(6)
All ground-mounted Type 1 solar energy systems must be installed
in the side or rear of the property.
(7)
All applications for ground-mounted Type 1 solar energy systems for businesses (including multifamily dwellings) or farms, to the extent permitted by law, shall be subject to site plan review pursuant to § 300-128. Applications for Type 1 solar energy systems for use on residential parcels may be subject to site plan review at the sole discretion of the Code Enforcement Officer.
(8)
Pursuant to 6 NYCRR 617.5, All Type 1 solar energy systems shall
be deemed to be Type 2 Actions for purposes of review under the New
York State Environmental Quality Review Act (6 NYCRR 617).
Type 2 commercial building and roof-mounted solar energy systems are allowed in the following zoning districts: Agricultural District A-1, Agricultural District A-2, Industrial M-1 District, Industrial M-2 District, Local Shopping C-1 District and Highway Commercial C-2 District. Commercial building and roof-mounted solar energy systems are subject to the requirements set forth in this article, including site plan approval pursuant to § 300-128, and are allowed only after the issuance of a special use permit pursuant to § 300-46. Applications for the installation of a commercial building and roof-mounted solar energy system shall be reviewed by the Zoning Enforcement Officer and referred, with comments, to the Town of Seneca Falls Planning Board (for site plan) and the Town of Seneca Falls Zoning Board of Appeals (for special use permit) for their review and action, which can include approval, approval on conditions, or denial.
A.
Special use permit application requirements. For a special use permit application, the applicant shall submit to the Zoning Board of Appeals the site plan application provided to the Planning Board, any information required by § 300-46 and the following documents and information:
(1)
If the location of the proposed project is to be leased (either building facade or surface and/or real property), proof of legal consent between all parties, specifying the use(s) of the leased area(s) for the duration of the project, including any signed lease agreement, easements and other agreements between the parties. Any lease agreement between the applicant and an initial landowner shall conform to or be amended such that it conforms with the requirements for the applicant and initial landowner as set forth in the decommissioning agreement referenced in Subsection A(9) below.
(2)
Plans and drawings for the Type 2 commercial building and roof-mounted
solar energy system signed by a professional engineer showing the
proposed layout of the solar energy system along with providing a
description of all components, any non-building-mounted improvements
or infrastructure, any proposed clearing and grading of the lot(s)
on which the structure housing a commercial building and roof-mounted
solar energy system is situate, any anticipated or possible stormwater
runoff or erosion disturbances resulting from the placement of the
commercial building and roof-mounted solar energy system, and utility
lines (both above and below ground) on the site and adjacent to the
site. The applicant shall also provide a structural analysis signed
by a professional engineer, demonstrating the structural adequacy
of the building upon which a commercial building and roof-mounted
solar energy system is to be placed to support such system in a safe
fashion.
(3)
Submitted plans and drawings shall show all property lot lines
and the location and dimensions of all existing buildings or structures
and uses on any parcel within 500 feet of the outer perimeter of the
commercial building and roof-mounted solar energy system.
(4)
Equipment specification sheets shall be provided for all solar
panels, significant components, mounting systems, inverters or other
solar energy equipment that are to be installed.
(5)
A property operation and maintenance plan which describes all
ongoing or periodic maintenance of the solar energy system and upkeep
of the property that houses such Type 2 commercial building and roof-mounted
solar energy system. Such plan shall provide for biennial preventative
maintenance site inspections that will include a representative from
the owner or operator of the solar energy system and Code Enforcement
Officer (or his/her designated representative). Additionally, the
owner or operator shall provide the Code Enforcement Officer with
reports of annual safety inspections of the solar energy system, as
well as quarterly reports of inspection of the security systems relating
to such solar energy systems. Said plan shall demonstrate how the
applicant (or the successor owner of the solar energy system) shall
ensure proper removal and disposal of all solar panels and/or solar
energy equipment that becomes inoperable or is no longer being utilized
and the same shall be disposed of outside the jurisdictional limits
of the Town of Seneca Falls, unless there is a properly certified
and/or licensed recycling facility within the Town that recycles solar
panels and solar energy equipment.
(6)
Clearing, grading, stormwater and erosion control plan. If deemed
desirable by the Planning Board, Zoning Board of Appeals or the Town's
professional engineer or consultant, the applicant shall submit an
engineered Stormwater and Erosion Control Plan to the Town of Seneca
Falls Engineer for its review and approval which shall demonstrate
that post-development runoff, storm drainage and erosion will not
be negatively impacted by placement of the commercial building and
roof-mounted solar energy system on the site.
(7)
Parking and truck traffic. The applicant shall a designated
parking area on the site of the solar energy system for employees
of the applicant (or the successor owner of the solar energy system)
to park when providing monitoring or maintenance of the solar energy
system. Additionally, the plans and drawings for a commercial building
and roof-mounted solar energy system shall show adequate staging areas
during the construction process to ensure that roadways are not impacted
by delivery of materials. The plans and drawings shall also show all
areas in which stockpiling of materials and equipment will take place
during construction. The applicant shall provide data on anticipated
truck trips per day, including during peak material delivery periods,
which shall also be provided to the New York State Department of Transportation.
(8)
Any such additional information as may be required by the Town's
professional engineer or consultant, Town of Seneca Falls Planning
Board, Town of Seneca Falls Zoning Board of Appeals, Town Attorney
or Code Enforcement Officer.
(9)
Decommissioning plan. To ensure the proper removal of a Type
2 commercial building and roof-mounted solar energy system after such
improvements are no longer reasonably operable or have been abandoned,
a decommissioning plan shall be submitted as part of the application.
The decommissioning plan shall contain a written and visual record
of the original site condition (prior to installation of any solar
energy equipment) to facilitate complete remediation upon decommissioning.
The decommissioning plan must specify that after the commercial building
and roof-mounted solar energy system is no longer operational or has
been abandoned, it shall be removed by the applicant or any subsequent
owner of the improvements. The plan shall demonstrate how the removal
of all infrastructure of the Type 2 commercial building and roof-mounted
solar energy system and all solar energy equipment shall be conducted
to return the structure(s) and parcel housing such system to its original
state prior to construction. The plan shall also include an expected
timeline for execution and a cost estimate detailing the projected
cost of executing the decommissioning plan, which is to be prepared
by a professional engineer or reputable contractor. Cost estimations
shall take into account inflation and shall be based on the operating
life expectancy of the system.
(10)
Prior to obtaining a building permit and as a condition to issuance of any special use permit, the applicant and initial landowner must enter into a decommissioning agreement with the Town that sets forth the obligations of the applicant and/or the initial landowner to properly decommission the solar energy system if the use of such system is discontinued, abandoned or becomes inoperable pursuant to § 300-136 of this article. Said decommissioning agreement shall require the applicant to provide an irrevocable financial security bond (or other form of surety acceptable to the Town of Seneca Falls at its discretion) for the removal of the Type 2 commercial building and roof-mounted solar energy system, with Seneca Falls as the designated assignee/beneficiary, in an amount approved by the Planning Board which is equal to 110% of the estimated removal cost. The bond or surety shall provide for an annual increase in the amount of the surety to compensate for the cost of inflation or any other anticipated increase in costs of removal. Each year after a Type 2 commercial building and roof-mounted solar energy system has been constructed, and no later than 60 days' prior to the anniversary date of the issuance of the building permit for such system, the then owner/permit holder for the system shall provide the Town of Seneca Falls with written proof that the required financial security bond (or other form of surety) is still operable and valid and that such surety has been properly increased to account for inflation or any other anticipated increase in costs of removal as provided for above. The decommissioning agreement shall provide that the initial landowner (or the successor and/or assigns of the initial landowner) shall be responsible for all obligations pursuant to the decommissioning agreement in the event the applicant (or the successor owner of the solar energy system) does not complete all obligations as required by said decommissioning agreement. The decommissioning agreement shall be recorded at the office of the Seneca County Clerk and shall be indexed as deed restrictions against the property upon which the solar energy system is constructed, with the Town as a benefitted party, so as to put all future owners of the subject real property on notice of the obligations contained in the decommissioning agreement.
B.
Special use permit and site plan approval standards.
(1)
Height. Type 2 commercial building-mounted solar energy systems
shall not be constructed in such a way that any portion of such system
is higher than the highest point of the wall upon which it is attached.
Commercial roof-mounted solar energy systems shall be constructed
such that solar panels facing the front yard must be mounted at the
same angle as the roof's surface with a maximum distance of 18 inches
between the roof's surface and highest edge of the solar energy system
at any point. Solar panels not facing the front yard can be mounted
at any angle relative to the roof's surface, but no portion of the
solar energy system shall exceed a maximum height of 18 inches from
the surface of the roof to the highest edge of the solar energy system
at any point.
(2)
Distance from building. Type 2 commercial building-mounted solar
energy systems shall not be constructed in such a way that any portion
of the solar panels project more than 18 inches from the surface of
the wall upon which it is attached.
(3)
No part of a roof-mounted solar energy system shall extend above,
beyond, or below the edge of the roof it is mounted to. Additionally,
the Code Enforcement Officer may require, at his/her sole discretion,
a minimum three-foot-wide center walkway for safe access purposes.
Solar panels affixed to a flat roof shall be placed below the line
of sight from a public right-of-way.
(4)
Fencing and screening. All solar energy equipment shall be securely
enclosed or placed about the property so as to prevent unauthorized
access. Warning signs with the owner's contact information shall be
conspicuously placed and maintained to aid in preventing injury by
unauthorized access.
(5)
Glare. All solar panels shall have anti-reflective coatings(s).
(6)
Number of Type 2 commercial building and roof-mounted solar
energy systems allowed per lot. No more than one commercial building
and roof-mounted solar energy system may be permitted and allowed
per lot or parcel, regardless of lot size.
(7)
Any Type 2 commercial building and roof-mounted solar energy
system shall be accessible for all emergency service vehicles and
personnel to the satisfaction of the Seneca County Office of Emergency
Management Services and local fire chief.
(8)
After completion of a Type 2 commercial building roof-mounted
solar energy system, the applicant shall provide a post-construction
certificate from a professional engineer registered in New York State
stating that the solar energy system complies with all applicable
codes and industry practices and has been constructed and is operating
according to the design plans.
(9)
Compliance with regulatory agencies. The applicant is required
to obtain all necessary regulatory approvals and permits from all
federal, state, county and local agencies having jurisdiction and
approval powers related to the completion of a commercial building
and roof-mounted solar energy system.
(10)
Any application under this section shall meet substantive site plan requirements in § 300-128 that, in the judgment of the Seneca Falls Town Planning Board, are applicable to the solar energy system being proposed.
(11)
Prior to determination or issuance of any permit, all Type 2
commercial building and roof-mounted solar energy system applications
shall be subject to review pursuant to the New York State Environmental
Quality Review Act (6 NYCRR 617). The Seneca Falls Planning Board
and the Seneca Falls Zoning Board of Appeals shall conduct a coordinated
review.
(12)
Time limit on completion. After receiving site plan approval
and special use permit approval of a Type 2 commercial building and
roof-mounted solar energy system, an applicant shall obtain a building
permit within 12 months of such approvals or the approvals shall automatically
terminate and be deemed null and void. Additionally, the applicant
shall complete construction of an approved (site plan and special
use permit) commercial building and roof-mounted solar energy system
within 24 months of obtaining such approvals or the approvals shall
automatically terminate and be deemed null and void and be of no force
an effect at law.
(13)
General complaint process. During construction, the Code Enforcement
Officer can issue a stop work order at any time for any violations
of a special use permit approval or condition, site plan approval
or condition or building permit. After construction is complete, the
permit holder of a commercial building and roof-mounted solar energy
system shall establish a contact person, including name and telephone
number for receipt of any complaint concerning any permit, approval,
maintenance, or operational requirements.
(14)
Inspections. Upon reasonable notice, the Town of Seneca Falls
Code Enforcement Officer, or his or her designee, may enter a lot
on which a Type 2 commercial building and roof-mounted solar energy
system has been approved for the purpose of determining compliance
with any requirements or conditions of this article or any approval
given or permit issued pursuant to this article. Twenty-four hours'
notice by telephone to the owner/operator or designated contact person
shall be deemed reasonable notice. Furthermore, a Type 2 commercial
building and roof-mounted solar energy system shall be inspected by
a New York State licensed professional engineer that has been approved
by the Town of Seneca Falls at any time upon a determination by the
Town's Code Enforcement Officer that damage to such system may have
occurred, and a copy of the written inspection report shall be submitted
to the Code Enforcement Officer. Any fee or expense associated with
this inspection shall be borne entirely by the permit holder and shall
be reimbursed to the Town of Seneca Falls within 30 days after delivery
to the permit holder of an invoice substantiating such charges. Any
failure to pay such reimbursable charges may result in revocation
of any special use permit granted. The Town of Seneca Falls reserves
the right to levy all such un-reimbursed expenses onto the real property
tax bill associated with the real property upon which the commercial
building and roof-mounted solar energy system is located.
Type 2 ground-mounted solar energy systems are permitted only in Agricultural District A-1, Agricultural District A-2, Industrial District M-1 and Refuse Disposal and Reclamation District M-2 and are subject to the requirements set forth in this Section, including site plan approval pursuant to § 300-128, and are allowed only after the issuance of a special use permit pursuant to § 300-46. Applications for the installation of a Type 2 solar energy system shall be reviewed by the Zoning Enforcement Officer and referred, with comments, to the Town of Seneca Falls Planning Board (for site plan) and the Town of Seneca Falls Zoning Board of Appeals (for special use permit) for their review and action, which can include approval, approval on conditions, or denial.
A.
Special use permit application requirements. For a special use permit application, the applicant shall submit to the Zoning Board of Appeals the site plan application provided to the Planning Board, any information required by § 300-46 and the following documents and information:
(1)
If the property of the proposed solar energy system is to be leased, proof of legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements between the parties. Any lease agreement between the applicant and an initial landowner hall conform to or be amended such that it conforms with the requirements for the applicant and initial landowner as set forth in the decommissioning agreement referenced in Subsection A(13) below. The applicant shall be required to provide, as part of the application, any lease agreement, easements and other agreements between itself and the initial landowner or any owner of property contiguous to the land upon which the solar energy system (or any component thereof, including access ways or utility lines) shall be constructed.
(2)
Plans and drawings for the Type 2 ground-mounted solar energy
system signed by a professional engineer showing the proposed layout
of the solar energy system along with providing a description of all
components, existing vegetation, any proposed clearing and grading
of the lot(s) involved, any anticipated or possible storm water or
erosion disturbances, and utility lines (both above and below ground)
on the site and adjacent to the site.
(3)
Submitted plans and drawings shall show all property lot lines
and the location and dimensions of all existing buildings or structures
and uses on any parcel within 750 feet of the outer perimeter fence
line of the Type 2 ground-mounted solar energy system.
(4)
Equipment specification sheets shall be provided for all solar
panels, significant components, mounting systems, inverters and other
solar energy equipment that are to be installed.
(5)
A property operation and maintenance plan which describes all ongoing or periodic maintenance of the Type 2 ground-mounted solar energy system and property upkeep, such as mowing and trimming, which shall also include details of anticipated use of pesticides, herbicides and other chemicals for vegetative abatement and/or maintenance. The plan shall demonstrate that the use of any pesticide, herbicide or other chemical will be in compliance with all local, state and federal regulations and shall further demonstrate that alternatives to chemical treatments have been prioritized to the extant reasonably possible. Such plan shall provide for biennial preventative maintenance site inspections that will include a representative from the owner or operator of the solar energy system and Code Enforcement Officer (or his/her designated representative). Additionally, the owner or operator shall provide the Code Enforcement Officer with reports of annual safety inspections of the solar energy system, as well as quarterly reports of inspection of the security systems relating to such solar energy systems. Said plan shall demonstrate how the applicant (or the successor owner of the solar energy system) shall ensure proper removal and disposal of all solar panels and/or solar energy equipment that becomes inoperable or is no longer being utilized and the same shall be disposed of outside the jurisdictional limits of the Town of Seneca Falls, unless there is a properly certified and/or licensed recycling facility within the Town that recycles solar panels and solar energy equipment. Said plan shall also obligate the applicant (or the successor owner of the solar energy system) to provide the Town, not less than every other year (commencing the second year after the solar energy system is commercially operable), with test results from soil sampling collected and analyzed pursuant to the "New York State Department of Agriculture and Markets Guidelines for Solar Energy Projects - Construction Mitigation for Agricultural Lands" (or similar successor document of the Department of Agriculture and Markets) that are in effect as of the date of sampling, to demonstrate that the soils upon which the solar energy system is constructed have not been contaminated in any fashion as a result of the solar energy system placed on the property. Such test results shall be compared to the pre-construction soil sample analysis referenced in Subsection A(9) (Pre-development site conditions) below.
(6)
Clearing, grading, stormwater and erosion control plan. The
applicant shall submit an engineered stormwater and erosion control
plan to the Town of Seneca Falls Engineer for its review and approval
which shall demonstrate that post-development runoff, storm drainage
and erosion will not be negatively impacted by placement of the Type
2 solar energy system on the site.
(7)
Parking and truck traffic. Applicant shall a designated parking
area on the site of the solar energy system for employees of the applicant
(or the successor owner of the solar energy system) to park when providing
monitoring or maintenance of the solar energy system. Additionally,
the plans and drawings for a Type 2 ground-mounted solar energy system
shall show adequate staging areas during the construction process
to ensure that roadways are not impacted by delivery of materials.
The plans and drawings shall also show all areas in which stockpiling
of materials and equipment will take place during construction. The
applicant shall provide data on anticipated truck trips per day, including
during peak material delivery periods, which shall also be provided
to the New York State Department of Transportation.
(8)
Noise study. The applicant shall provide a noise study of the
impacts of construction and operation of the proposed solar energy
system. Said study shall reference any of the existing regulations
or suggested industry or development standards put out by the NYS
Office of Renewable Energy Siting. Such study shall analyze the projected
noise levels for both daytime and nighttime periods generated by the
solar energy system and all collector substation equipment relative
to all surrounding dwellings.
(9)
Viewshed/line of site analysis. Applicant shall provide a viewshed/line-of-site
analysis, with scaled color visual renderings to demonstrate the adequacy
of proposed buffering/screening at the completion of construction
of the solar energy system, and similar visual renderings of the projected
maturation of the buffering/screening at five years and 10 years after
completion of the solar energy system. The Planning and/or Zoning
Board of Appeals may require the above viewshed/line-of-site analysis
and scaled color visual renderings from multiple angles or perspectives
as it/they deem appropriate.
(10)
Pre-development site condition. The applicant shall provide
a written and visual record of the pre-development site condition
(which shall include the site condition prior to any logging/timber
harvest or clearing of land in anticipation of the development of
a solar energy systems), which must be verified as to being complete
by the building and Zoning Department, to facilitate full and proper
remediation of the site upon decommissioning. As part of this record,
applicant shall provide an analysis of pre-construction soil samples,
with such samples collected and analyzed pursuant to the "New York
State Department of Agriculture and Markets Guidelines for Solar Energy
Projects - Construction Mitigation for Agricultural Lands" (or similar
successor document of the Department of Agriculture and Markets) that
are in effect as of the date of sampling. Such samples shall be taken
from various locations on the property on which the solar energy system
is to be located and are specifically intended to demonstrate the
pre-development condition and properties of the soils to ensure that
full and proper remediation of the site occurs upon decommissioning.
(11)
Any such additional information as may be required by the Town's
professional engineer or consultant, Town of Seneca Falls Planning
Board, Town of Seneca Falls Zoning Board of Appeals, Town Attorney
or Code Enforcement Officer.
(12)
Decommissioning plan. To ensure the proper removal of Type 2
ground-mounted solar energy systems after such improvements are no
longer reasonably operable or have been abandoned, a decommissioning
plan shall be submitted as part of the application. The decommissioning
plan must specify that after the Type 2 ground-mounted solar energy
system is no longer operational or has been abandoned, it shall be
removed by the applicant or any subsequent owner of the improvements
and/or the subsequent owner of the property upon which the Type 2
ground-mounted solar energy system is placed. 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 shall also include an expected
timeline for execution and a cost estimate detailing the projected
cost of executing the decommissioning plan, which is to be prepared
by a professional engineer or reputable contractor. Cost estimations
shall take into account inflation and shall be based on the operating
life expectancy of the system. The salvage value of the solar energy
equipment shall not be accounted for in the estimated cost of implementing
the decommissioning plan. The financial security shall be updated
every fifth year thereafter specifying changes to estimated cost of
implementing the decommissioning plan.
(13)
Prior to obtaining a building permit and as a condition to issuance of any special use permit, the applicant and initial landowner must enter into a decommissioning agreement with the Town that sets forth the obligations of the applicant and/or the initial landowner to properly decommission the solar energy system if the use of such system is discontinued, abandoned or becomes inoperable pursuant to § 300-136 of this article. Said decommissioning agreement shall require the applicant to provide an irrevocable financial security bond (or other form of surety such as, but not limited to, letters of credit, etc. that are acceptable to the Town of Seneca Falls at its discretion) for the removal of the Type 2 solar energy system, with Seneca Falls as the designated assignee/beneficiary, in an amount approved by the Planning Board which is equal to 150% of the estimated removal cost. The bond or surety shall provide for an annual increase in the amount of the surety to compensate for the cost of inflation or any other anticipated increase in costs of removal. Each year after a Type 2 ground-mounted solar energy system has been constructed, and no later than 60 days' prior to the anniversary date of the issuance of the building permit for such solar energy system, the then owner/permit holder for the system shall provide the Town of Seneca Falls with written proof that the required financial security bond (or other form of surety) is still operable and valid and that such surety has been properly increased to account for inflation or any other anticipated increase in costs of removal as provided for above. The decommissioning agreement shall provide that the initial landowner (or the successor and/or assigns of the initial landowner) shall be responsible for all obligations pursuant to the decommissioning agreement in the event applicant (or the successor owner of the solar energy system) does not complete all obligations as required by said decommissioning agreement. The decommissioning agreement shall be recorded at the office of the Seneca County Clerk and shall be indexed as deed restrictions against the property upon which the solar energy system is constructed, with the Town as a benefitted party, so as to put all future owners of the subject real property on notice of the obligations contained in the decommissioning agreement.
(14)
At its sole discretion, the Town of Seneca Falls Planning Board
and/or the Town of Seneca Falls Zoning Board of Appeals may refer
an application for a Type 2 ground-mounted solar energy system to
one or more private consultants for review to assist such Board in
properly fulfilling its duties. Such consultants may include a professional
engineer, attorney, planning consultant or other specialist. All expenses
incurred by the Town (through either Board) for this purpose shall
be reimbursed to the Town by the applicant within 30 days of the Town
issuing a detailed invoice to the applicant requesting reimbursement
for the same. At its discretion and at any time during the application
process, either Board may require that the applicant furnish a deposit
in an amount that it deems initially sufficient to be used for reimbursement
of such expenses. Upon request of the applicant, the Board requiring
the deposit shall provide a general estimate of anticipated consulting
services to be provided and estimated costs for the same. However,
any such estimate of services or costs related to such services shall
not in any way restrict the level of reimbursement ultimately required
to be made by the applicant. It is the specific intention of this
section that all expenses relating to professional consulting services
rendered to the Town or any of its Boards, relating to an application
for development of a solar energy system, be borne by the applicant
and not the taxpayers of the Town. Any such deposit shall be held
in a non-interest-bearing account and shall be used to reimburse the
Town for expenses that have been incurred as a result of such consultants.
Prior to the Town making any payment or withdrawal from such account,
the Town shall provide the applicant with notice of such intended
payment and documentation supporting such payment. The applicant shall
have the right, within five business days from receipt of such notice,
to protest any account withdrawal or payment to a consultant which
it contends is not reasonably necessary or is not reasonable in amount.
The Town Board shall thereafter have 30 days to provide its determination
with regard to the applicant's objection, which shall be provided
to the applicant in writing. Should such deposit be depleted prior
to final approval, either Board may require that additional monies
be deposited with the Town before further review of the application
will continue. A reviewing board may suspend indefinitely the review
of any application as a result of the failure of the applicant to
timely remit a required deposit or to promptly reimburse the Town
for expenses relating to such consultants. Any such suspension shall
supersede any Town of New York State law, rule or regulation relating
to the timing of issuance of decisions for such applications.
(15)
If a Type 2 ground-mounted solar energy system is proposed to
be developed on land that is or could be in agricultural production,
the applicant shall demonstrate how the proposed development complies
with the then current guidelines as may be established by the New
York State Department of Agriculture and Markets relating to construction
mitigation for agricultural lands.
(16)
The applicant shall be required to facilitate one or more site
visits as deemed necessary or desirable by the Planning Board and/or
Zoning Board of Appeals.
B.
Special use permit and site plan approval standards.
(1)
Height. Type 2 ground-mounted solar energy systems shall not
exceed a maximum height of 15 feet as measured from the highest point
of any solar panel (oriented at maximum tilt) or solar energy equipment,
to the ground directly beneath it.
(2)
Setbacks.
(a)
Type 2 ground-mounted solar energy systems shall be sited to
create a front setback of no less than 500 feet (measured from the
fence-line of the solar energy system) from the right-of-way line
of any public or private roadways and setbacks of 500 feet (measured
from the fence-line of the solar energy system) from all side and
rear property lines.
(b)
The above-stated side and rear property setback shall be waived
on any contiguous parcel (to that parcel upon which the solar energy
system is being developed) owned by a participating landowner that
owns the parcel upon which the subject solar energy system is being
placed. The above waiver shall not apply to any contiguous parcels
that are not owned by the same landowner that owns the land upon which
the solar energy system is placed.
(3)
Lot/parcel size. Type 2 ground-mounted solar energy systems
shall be located on parcels with a minimum lot size of 25 acres.
(4)
Lot/parcel coverage. Type 2 ground-mounted solar energy systems
shall not exceed 25 acres of coverage on parcels that are 40 acres
or more in size. On parcels that are less than 40 acres in size, Type
2 solar energy systems coverage shall not exceed 60% of the total
parcel size. The coverage area shall be determined by the area covered
by the perimeter of the solar energy system at minimum tilt and shall
not include required fencing or access roads.
(5)
Glare. All solar panels shall have anti-reflective coatings(s).
(6)
Fencing and screening. All Type 2 ground-mounted solar energy
systems shall be enclosed by fencing to prevent unauthorized access.
Warning signs with the owner's contact information shall be placed
and maintained on the entrance and perimeter of the fencing. The fencing
and the solar energy system may be required to be further screened
by landscaping to avoid adverse aesthetic impacts. All buffering/landscaping
materials shall be designed to promote sustainability, diversity and
visual variety, which shall include a mixture of plant species, sizes/heights,
deciduous and evergreen trees and/or shrubs and shall be noted in
detail on a landscaping plan that shall be approved by the Planning
Board and/or the Zoning Board of Appeals. The Planning Board and/or
the Zoning Board of Appeals shall provide for enhanced screening and
buffering for Type 2 solar energy systems that are placed adjacent
to residential zoning districts, areas containing residential parcels
or abut a public road.
(7)
Number of Type 2 ground-mounted solar energy systems allowed
per lot. Only one Type 2 solar energy system shall be allowed per
lot or parcel, regardless of lot size.
(8)
Recent subdivision of lot/parcel. In order to prevent circumvention
of the size and coverage restrictions set forth above, when considering
such restrictions, the Zoning Board of Appeals shall consider the
lot or parcel to be the largest configuration of the physical area
where the Type 2 ground-mounted solar energy system is being proposed
that has existed as a separate lot or parcel (with its own Tax Identifier
Map Parcel Number) in the official tax records of the Town of Seneca
Falls within the 10 years immediately preceding the application seeking
approval for such Type 2 ground-mounted solar energy system. This
provision is specifically intended to prevent the owner of land from
subdividing such land into smaller parcels that would permit siting
of multiple Type 2 ground-mounted solar energy systems on what would
have otherwise been a lot or parcel that was restricted to one Type
2 ground-mounted solar energy system that would not exceed 25 acres
of coverage.
(9)
Vegetation and habitat. Type 2 ground-mounted solar energy system
owners/developers shall develop and provide a written vegetation management
plan (which shall be approved by the Planning Board and/or the Zoning
Board of Appeals) to implement and maintain native, noninvasive plants
and vegetation under and around the solar panels, such plantings to
provide foraging habitat beneficial to game birds, songbirds and pollinators.
To the extent practicable, when establishing perennial vegetation
and beneficial foraging habitat, owners/developers shall use native,
noninvasive plant species and seed mixes.
(10)
Any Type 2 ground-mounted solar energy system shall be accessible
for all emergency service vehicles and personnel to the satisfaction
of the Seneca County Office of Emergency Management Services Director
and local fire department chief.
(11)
After completion of a Type 2 ground-mounted solar energy system,
the applicant shall provide a post-construction certificate from a
professional engineer registered in New York State, certifying that
the Type 2 solar energy system complies with all applicable codes
and industry practices and has been constructed and is operating according
to the design plans.
(12)
Compliance with regulatory agencies. The applicant is required
to obtain all necessary regulatory approvals and permits from all
federal, state, county and local agencies having jurisdiction and
approval powers related to the completion of a Type 2 ground-mounted
solar energy system.
(13)
Any application under this section shall meet substantive site plan requirements in § 300-128 that, in the judgment of the Seneca Falls Town Planning Board, are applicable to the system being proposed.
(14)
The Planning Board shall be required to hold a public hearing
relating to site plan for any Type 2 ground-mounted solar energy system.
(15)
Prior to determination or issuance of any permit, all Type 2
ground-mounted solar energy system applications shall be subject to
review pursuant to the New York State Environmental Quality Review
Act (6 NYCRR 617). All applications (site plan and special use permit)
for approval of a Type 2 ground-mounted solar energy system shall
be deemed to be Type I Actions for purposes of compliance with the
New York State Environmental Quality Review Act. The Town Planning
Board and/or Zoning Board of Appeals has the authority, pursuant to
6 NYCRR 617.4(a)(1) and (2), to classify such actions in addition
to the list established by such statute. The Planning Board and the
Zoning Board of Appeals shall conduct a coordinated review. Such review
shall not be completed or closed out, and a final determination of
significance made, until after the review of the application has been
completed.
(16)
The development and operation of a Type 2 ground-mounted solar
energy system shall not have a significant adverse impact on fish,
wildlife or plant species or their critical habitats, or other significant
habitats identified by the Town of Seneca Falls or other federal or
state regulatory agencies. The Seneca Falls Town Planning Board and
the Seneca Falls Zoning Board of Appeals may impose conditions on
the approval of any site plan or special use permit under this article
to enforce the standards referred to in this article or to discharge
its obligations under the State Environmental Quality Review Act.
(17)
Time limit on completion. After receiving site plan approval
and special use permit approval of a Type 2 ground-mounted solar energy
system, an applicant shall obtain a building permit within 12 months
of such approvals or the approvals shall automatically terminate and
be deemed null and void. The above time period may be extended by
each of the approving boards, at their sole discretion, upon a showing
of good cause by the applicant. Additionally, the applicant shall
complete construction of an approved (site plan and special use permit)
Type 2 ground-mounted solar energy system within 24 months of obtaining
such approvals or the approvals shall automatically terminate and
be deemed null and void and be of no force an effect at law.[1] The above time period may be extended by each of the approving
boards, at their sole discretion, upon a showing of good cause by
applicant.
[1]
Editor's Note: So in original.
(18)
General complaint process. During construction, the Code Enforcement
Officer can issue a stop-work order at any time for any violations
of a special use permit approval or condition, site plan approval
or condition or building permit. After construction is complete, the
permit holder of a Type 2 ground-mounted solar energy system shall
establish a contact person, including name and telephone number for
receipt of any complaint concerning any permit, approval, maintenance,
or operational requirements.
(19)
Inspections. During construction and upon reasonable notice,
the Town of Seneca Falls Code Enforcement Officer, or his or her designee,
may enter a lot on which a Type 2 ground-mounted solar energy system
has been approved for the purpose of determining compliance with any
requirements or conditions of this article or any approval given or
permit issued pursuant to this article. Twenty-four hours' notice
by telephone to the owner/operator or designated contact person shall
be deemed reasonable notice. After construction is completed and the
solar energy system is operational, upon reasonable cause at the discretion
of the Town of Seneca Falls Code Enforcement Officer, or his or her
designee, said Code Enforcement Officer (or his or her designee) may
upon reasonable notice may enter a lot on which a Type 2 ground-mounted
solar energy system has been approved for the purpose of determining
compliance with any requirements or conditions of this article or
any approval given or permit issued pursuant to this article. Furthermore,
a Type 2 ground-mounted solar energy system shall be inspected by
a New York State licensed professional engineer that has been approved
by the Town of Seneca Falls at any time upon a reasonable determination
by the Town's Code Enforcement Officer that damage to such system
may have occurred, and a copy of the written inspection report shall
be submitted to the Code Enforcement Officer. Any fee or expense associated
with this inspection shall be borne entirely by the permit holder
and shall be reimbursed to the Town of Seneca Falls within 30 days
after delivery to the permit holder of an invoice substantiating such
charges. Any failure to pay such reimbursable charges may result in
revocation of any special use permit granted. The Town of Seneca Falls
reserves the right to levy all such unreimbursed expenses onto the
real property tax bill associated with the real property upon which
the solar energy system is located.
(20)
Construction hours. During initial construction or any major replacement of the solar panels or solar energy equipment after initial construction, all construction activities shall be in accordance with the performance standards outlined in § 300-26 of the Town of Seneca Falls Zoning Ordinance.
The placement, construction and major modification of all solar
energy systems within the boundaries of the Town of Seneca Falls shall
be permitted only as follows:
A.
Any inconsistent provisions of the Code of the Town of Seneca Falls
which purport to or may be interpreted to allow solar energy systems
in other districts are hereby superseded.
B.
All solar energy systems that have received a special use permit
or building permit as of the effective date of this article shall
be grandfathered and allowed to continue 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 on pre-existing systems
shall comply with the requirements of this article.
C.
All new solar energy systems and all additions and modifications
to any pre-existing solar energy system shall be designed, erected
and installed in accordance with all applicable codes, regulations
and industry standards as referenced in the NYS Uniform Fire Prevention
and building Code, the NYS Energy Conservation Code and all local
laws, codes, rules and regulations of the Town of Seneca Falls.
D.
For all Type 2 solar energy systems, the applicant and/or the successor
owner or operator shall provide a written training plan that provides
for proper training of the Town Code Enforcement Office, Fire Department,
emergency responders, Seneca County Emergency Management Services
and police agencies relative to health and safety concerns associated
with larger scale commercial solar energy systems. Such training plan
shall be implemented before the solar energy system is made commercially
operational. Additional training may be required on behalf of the
New York Office of Fire Prevention and Control (OFPC) and the National
Fire Protection Association (NFPA). All costs and expenses related
to such training shall be borne by the applicant or the successor
owner or operator of the solar energy system.
E.
Any applications (including variance applications) pending for solar
energy systems on the effective date of this article shall be subject
to the provisions of this article.
F.
This article shall take precedence over any inconsistent provisions
of the zoning regulations contained within the Code of the Town of
Seneca Falls.
G.
No solar panels or other solar energy equipment used in any solar
energy system shall utilize or contain any amount of GenX chemicals
or polyfluoroalkyl substances (PFAS).
H.
For all solar energy systems, no signage or graphic content may be
displayed on the solar energy equipment except the manufacturer's
badge, safety information and equipment specification information.
I.
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
J.
Payment in lieu of tax agreement. The owners or developers and landowners
of the property upon which any Type 2 solar energy systems are to
be developed shall be required, at the discretion of the Town Board,
to enter into a contract with the Town for payments in lieu of taxes
pursuant to Real Property Tax Law § 487-9(a). Upon the owner
or developer providing written notification to the Town of its intent
to construct any Type 2 solar energy system, the Town Assessor or
the Town Attorney[1] on behalf of the taxing jurisdiction shall notify such
owner or developer in writing within 60 days of its intent to require
a contract for payments in lieu of taxes.
(1)
In no event shall such payment in lieu of tax agreement operates
for a period of more than 15 years, commencing in each instance from
the date on which the benefits of such exemption first become available
and effective under Real Property Tax Law § 487.
(2)
In no event shall such payment in lieu of tax agreement requires
annual payments in an amount that would exceed the amount that would
otherwise be payable but for the exemption under Real Property Tax
Law § 487.
(3)
The payment in lieu of tax agreement shall run to the benefit
of the Town of Seneca Falls and be executed by the applicant/developer
as well as the owners of the real property upon which the solar energy
system is to be located and such signatures shall be notarized in
a format that allows the payment in lieu of tax agreement to be recorded
at the Office of the Seneca County Clerk. Such payment in lieu of
tax agreement shall, prior to commencement of construction, be recorded
at the office of the Seneca County Clerk as a lien on the property
upon which and indexed against the property upon which the solar energy
system is to be constructed. The intent of the above provisions is
so that should the applicant/developer or owner of the solar energy
system default with regard to such payment in lieu of tax agreement,
that such obligation will become the responsibility of the then owner
of the property upon which the solar energy system is sited and that
failure to satisfy the terms of such agreement will permit the Town
of Seneca Falls to enforce such agreement as against the owner of
the real property and the real property.
(4)
At its sole discretion, the Seneca Falls Town Board may refer
an application for a commercial building-mounted solar energy system,
commercial roof-mounted solar energy system or Type 2 solar energy
system to one or more private consultants to assist such Board in
negotiating, drafting and/or reviewing the required payment in lieu
of tax agreement. Such consultants may include a professional engineer,
attorney, planning consultant or other specialist. All expenses incurred
by the Town for this purpose shall be reimbursed to the Town by the
applicant within 30 days of the Town issuing a detailed invoice to
the applicant requesting reimbursement for the same. At its discretion
and at any time during the application process, the Town Board may
require that the applicant furnish a deposit in an amount that it
deems initially sufficient to be used for reimbursement of such expenses.
Upon request of the applicant, the Town shall provide a general estimate
of anticipated consulting services to be provided and estimated costs
for the same. However, any such estimate of services or costs related
to such services shall not in any way restrict the level of reimbursement
ultimately required to be made by the applicant. It is the specific
intention of this section that all expenses relating to professional
consulting services rendered to the Town or any of its Boards, relating
to an application for development of a solar energy system, be borne
by the applicant and not the taxpayers of the Town. Any such deposit
shall be held in a non-interest-bearing account and shall be used
to reimburse the Town for expenses that have been incurred as a result
of such consultants. Prior to the Town making any payment or withdrawal
from such account, the Town shall provide the applicant with notice
of such intended payment and documentation supporting such payment.
The applicant shall have the right, within five business days from
receipt of such notice, to protest any account withdrawal or payment
to a consultant which it contends is not reasonably necessary or is
not reasonable in amount. The Town Board shall thereafter have 30
days to provide its determination with regard to the applicant's objection,
which shall be provided to the applicant in writing. Should such deposit
be depleted prior to final approval of the required payment in lieu
of tax agreement, the Town Board may require that additional monies
be deposited with the Town before further processing of the payment
in lieu of tax agreement will continue. The Town Board may suspend
indefinitely the negotiation and drafting and review of the payment
in lieu of tax agreement as a result of the failure of the applicant
to timely remit a required deposit or to promptly reimburse the Town
for expenses relating to such consultants. Any such suspension shall
supersede any Town of New York State law, rule or regulation relating
to the timing of issuance of approvals for such payment in lieu of
tax agreements.
(5)
No building permit may be issued for any approved commercial
building-mounted solar energy system, commercial roof-mounted solar
energy system or Type 2 solar energy system until such time as a payment
in lieu of tax agreement has been executed by all parties.
K.
Community benefit agreement. The owners or developers and landowners
of the property upon which a Type 2 solar energy system is to be developed
shall be required, at the discretion of the Town Board, to enter into
a community benefit agreement with the Town for payment by the owners,
developers or landowners to the Town of an agreed upon monetary amount
or provision of a specified public improvement or improvements that
shall act to offset the potential negative impacts that may be associated
with a Type 2 solar energy system.
(1)
At its sole discretion, the Seneca Falls Town Board may refer
an application for a Type 2 solar energy system to one or more private
consultants to assist such Board in negotiating, drafting and/or reviewing
the required community benefit agreement. Such consultants may include
a professional engineer, attorney, planning consultant or other specialist.
All expenses incurred by the Town for this purpose shall be reimbursed
to the Town by the applicant within 30 days of the Town issuing a
detailed invoice to the applicant requesting reimbursement for the
same. At its discretion and at any time during the application process,
the Town Board may require that the applicant furnish a deposit in
an amount that it deems initially sufficient to be used for reimbursement
of such expenses. Upon request of the applicant, the Town shall provide
a general estimate of anticipated consulting services to be provided
and estimated costs for the same. However, any such estimate of services
or costs related to such services shall not in any way restrict the
level of reimbursement ultimately required to be made by the applicant.
It is the specific intention of this section that all expenses relating
to professional consulting services rendered to the Town or any of
its Boards, relating to an application for development of a solar
energy system, be borne by the applicant and not the taxpayers of
the Town. Any such deposit shall be held in a non-interest-bearing
account and shall be used to reimburse the Town for expenses that
have been incurred as a result of such consultants. Prior to the Town
making any payment or withdrawal from such account, the Town shall
provide the applicant with notice of such intended payment and documentation
supporting such payment. The applicant shall have the right, within
five business days from receipt of such notice, to protest any account
withdrawal or payment to a consultant which it contends is not reasonably
necessary or is not reasonable in amount. The Town Board shall thereafter
have 30 days to provide its determination with regard to the applicant's
objection, which shall be provided to the applicant in writing. Should
such deposit be depleted prior to final approval of the required community
benefit agreement, the Town Board may require that additional monies
be deposited with the Town before further processing of the community
benefit agreement will continue. The Town Board may suspend indefinitely
the negotiation and drafting and review of the community benefit agreement
as a result of the failure of the applicant to timely remit a required
deposit or to promptly reimburse the Town for expenses relating to
such consultants.
(2)
No building permit may be issued for any approved Type 2 solar
energy system until such time as a community benefit agreement has
been executed by all parties.
L.
Road use agreement. Prior to issuance of any building permit for
any Type 2 solar energy system and as a condition to any special use
permit being issued, the applicant and its general contractor shall
enter into a written road use agreement benefitting the Town and in
a format acceptable to the Town at its sole discretion. Such road
use agreement will require the applicant and its general contractor
to indemnify and hold the Town harmless from any and all damage to
the roadways within the Town that may result from the development
of the applicant's commercial building-mounted solar energy system,
commercial roof-mounted solar energy system or Type 2 solar energy
system. As a part of such road use agreement, the applicant (or its
general contractor) shall provide an irrevocable financial security
bond (or other form of surety acceptable to the Town of Seneca Falls
at its sole discretion), benefitting the Town, that shall ensure the
indemnification and hold harmless provisions set forth in the applicable
road use agreement.
(1)
In the event that any damage is done to any Town road as a result
of the development of an applicant's Type 2 solar energy system, said
applicant and/or its general contractor shall be responsible to perform
repairs to such road that are acceptable to the Town Highway Superintendent
in his/her reasonable discretion.
(2)
Such repairs shall be completed within 60 days of when written
notice of a demand to repair was personally served or sent via certified
mail to the applicant or its general contractor or such longer timeframe
as determined by the Town Board at its sole discretion upon a showing
of good cause by the applicant. Should the applicant or its general
contractor fail to effectuate such repairs within 60 days, or within
a different timeline at the discretion of the Town Board, the Town
shall be permitted to execute on the irrevocable financial security
bond (or other form of surety) with written notice to the applicant
or its general contractor.
(3)
The provisions of the road use agreement required hereby and
the requisite financial security bond (or other form of surety) shall
remain in full force and effect for no less than one year after all
construction has been completed and the project has been certified
as complete by a professional engineer.
(4)
No building permit may be issued for any approved commercial
building-mounted solar energy system, commercial roof-mounted solar
energy system or Type 2 solar energy system until such time as a road
use agreement as required hereby has been executed by all parties.
M.
Traffic routes. Construction and delivery vehicles for Type 2 solar
energy systems shall use traffic routes established as part of the
applications review process. Factors in establishing such corridors
shall include:
(1)
Minimizing traffic impacts from construction and delivery vehicles.
(2)
Minimizing solar-energy-system-related traffic during times
of school bus activity.
(3)
Minimizing wear and tear on local roads.
(4)
Minimizing impacts on local businesses.
(5)
Special use permit approval may contain conditions that limit
solar-energy-system-related traffic to specified routes and include
a plan for disseminating traffic route information to the public.
A.
If the use of an approved solar energy system is discontinued, the
owner or operator shall provide written notice to the Code Enforcement
Officer within 30 days of such discontinuance. In any case, solar
energy systems are considered inoperative and abandoned after 180
days without electrical energy generation which is consumed on site
(or credit for on-site consumption is received) for Type 1 solar energy
systems or 180 days without production of energy and off-site sale
to and consumption by one or more customers for any Type 2 solar energy
system. Each of the above time frames may be extended by the Town
Board, at its sole discretion, upon a showing of good cause by the
then owner or operator of the solar energy system.
B.
Determination of abandonment or inoperability. A determination of
the abandonment or inoperability of a solar energy system shall be
made by the Town Code Enforcement Officer, who shall provide the permit
holder, owner or operator and owner of the real property upon which
the solar energy system is located with written notice by personal
service or certified mail. At the earlier of the 91 days from the
date of determination of abandonment or inoperability without reactivation
or upon completion of dismantling and removal, any approvals and/or
permits granted or issued for the solar energy system shall automatically
expire.
C.
Removal. All solar energy systems (and related infrastructure) shall be dismantled and removed immediately from a lot where the special use permit or site plan approval has been revoked by the Town of Seneca Falls Zoning Board of Appeals or the Town Planning Board respectively, or if the solar energy system has been deemed by the Code Enforcement Officer to be inoperative or abandoned for a period of more than 180 days (unless the time frame is extended by the Town Board pursuant to the provisions of Subsection A above) and the lot shall be restored to its pre-development condition. The responsibility to dismantle and remove and all such costs of removal shall be the sole responsibility of the permit holder, owner or operator and/or owner of the real property upon which the solar energy system is located. If the permit holder, owner or operator and/or owner of the real property upon which the solar energy system is located does not dismantle and remove said solar energy system as required by the decommissioning agreement, the Town Board may complete removal and decommissioning as set forth in the decommissioning agreement and levy all related expenses (not covered by any removal bond or other form of surety provided pursuant to such decommissioning agreement) associated with the removal onto the real property tax bill associated with the property upon which the solar energy system was located, regardless of who the permit holder, owner or operator and owner of the real property upon which the solar energy system is/was. Any costs or expenses related to removal (by the Town or completed on behalf of the Town's authority pursuant to this section) that are to be levied onto the real property tax bill for the property on which the solar energy system was located shall not be offset, reduced or diminished for any recycling or salvage credits or value relating to the removed solar panels or solar energy equipment, except and unless the Town has actually received such credits or value prior to the levy of such costs, and then such reduction shall be limited to the actual dollar value received by the Town. Nothing in this article shall be interpreted to require or obligate the Town to undertake to obtain salvage or recycling credits, value or proceeds with regard to any solar panels or solar energy equipment to be removed pursuant to this section.
D.
Removal of any Type 2 solar energy systems shall be in accordance with the decommissioning agreement required by § 300-134A(13) above.
If the applicant or its successor in title/ownership of any
Type 2 solar energy system violates any of the conditions of its special
use permit, site plan approval or violates any other local, state
or federal laws, rules or regulations, such violation shall be grounds
for 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 Seneca Falls Zoning Board of Appeals and Planning
Board holds a joint hearing on the alleged violations, at which the
applicant or its successor in title/ownership shall have an opportunity
to be heard and present evidence in defense of the allegations of
such violations.
In its 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. This article
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.
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.
