Town of Pendleton, NY Cellular Telecommunications Facilities; Wind Energy Conversion Systems; Solar Energy Systems

The following provisions are the use regulations for a cellular telecommunications facility. The Town will generally permit no more than four towers in the existing boundaries of the Town. However, this number can be increased by the Planning Board through site plan review.

Section 247-70A(3) below applies to all districts.

Section 247-70A(4) below applies to commercial and industrial districts.

Section 247-70A(5) below applies to residential districts.

Cellular telecommunications facilities may be permitted in all districts by special use permit. The special use permit format allows the Town to deal with each application on a case-by-case basis, and through the process will be able to attach reasonable conditions to the granting of the special use permit.

The following general provisions apply to all cellular telecommunications facilities which include tower and antenna. These general standards are in addition to the provisions for the particular applications specified in Subsection A(4) and (5) below:

The location of the tower and equipment building shall comply with all natural resource protection standards of this chapter.

All applicants must provide for co-location on their tower and to provide a base of sufficient size, strength and structure to support a 160-foot tower.

A six-to-eight-foot-high security fence shall completely surround the tower and guy wires if used. The equipment and/or equipment building should be located inside the security fence.

The following buffer plantings shall be located around the perimeter of the security fence:

An evergreen screen that consist of either a hedge variety, planted three feet on center maximum, or a row of evergreen trees planted 10 feet on center maximum.

Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.

Tower height. Not to exceed 160 feet in total from ground level or 735 feet above sea level.

Towers and antennas shall be designed to withstand inclement weather conditions indigenous of this area, i.e., wind gusts, icing caused by freezing rain or melting snow, etc.

The cellular telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.

Nonresidential districts. A cellular telecommunications facility shall be permitted in the Light Industrial, Special Light Industrial, Light Commercial, and Medium Commercial Districts, subject to the following conditions:

Sole use on a lot subject to the following:

Minimum area required: radius of 160 feet.

Maximum height:

[a]

Tower: 160 feet.

[b]

Equipment building: 35 feet.

Combined with another use. A cellular telecommunications facility is permitted on a property with an existing use.

The existing use on the property may be any permitted use in the Town or any lawful nonconforming use and need not be affiliated with the cellular telecommunications provider.

Minimum lot area. The minimum lot area shall be the area needed to accommodate the tower (guy wires if used), the equipment and/or the equipment building, a fall zone, security fence, and evergreen plantings.

Access. The vehicular access to the equipment building and tower shall be provided and maintained by the tower owner and be of sufficient width and thickness to provide access to emergency vehicles.

Residential districts. A cellular telecommunications facility may be located in a residential district subject to the following conditions:

Antenna only:

Combined with a nonresidential use. An antenna may be attached to a nonresidential building or a structure that is a permitted use in the district. This includes but is not limited to a place of assembly, a municipal or governmental building or facility, agricultural building, or a building or structure owned by a utility. If the applicant proposes to locate the telecommunications equipment in a separate building, the building shall comply with all requirements as set forth for that given district.

Vehicular access to the building shall not interfere with the parking or vehicular traffic required for the principal use.

Tower and antenna.

All provisions as stated in Subsection A(3) shall apply.

All provisions as stated in Subsection A(4) shall apply.

Vehicular access to the building shall not interfere with the parking or vehicular traffic required for the principal use.

Tower permit application. Any company or governmental agency considered to be an essential service by federal definition may apply to the Town for a special use permit to construct a tower.

Application for a special use permit shall include the following:

Town-supplied site plan review application as required under § 247-54 (Site plan review; performance and design standards and associated fee). See the Town of Pendleton Fee Schedule, adopted by the Town Board by resolution, as may be amended from time to time.

Environmental assessment form pursuant to SEQRA.

Proof of the landowner's consent as demonstrated by a lease agreement or equivalent if the applicant will not own the property. The stated lease agreement or equivalent must be approved by the Town Attorney.

A survey of the property which includes all structures, easements, waterways, ditches (open or piped) on the property on the day of application. The survey should also include:

Exact location of tower.

Surface dimensions of tower base.

Location of guy anchors if applicable.

[4]

Location with dimensions of any proposed structures and/or equipment.

[5]

Location and dimension of driveway and/or walkway.

[6]

Proposed location of any utilities and proposed construction (underground or aboveground).

A detail of the tower including:

Type.

Color.

Lighting, if any, including location and intensity.

[4]

Initial height and maximum height.

A special use permit issued by the Town Board is required upon approval of the site plan and is subject to an annual review by the Town Board to ensure that all of the provisions listed herein are being adhered to. The Planning Town will have discretion to revoke the special use permit due to noncompliance and establish a time frame to correct the violation(s).

Tower location requirements. All towers must follow the following order of requirements:

Co-locate on existing tower.

Town-owned property.

County-owned property.

State-owned property.

Light Industrial District.

All others.

Restrictions.

No tower shall be used for signs or displays of any type.

The Town may require a sufficient distance, in addition to the fall zone, from adjacent property lines and/or structures to prevent damage from falling ice.

Safety. Upon written request from the Town, the applicant shall provide certification from a qualified licensed engineer that the tower meets all applicable structural safety standards.

Removal.

The applicant will agree to remove the tower in total which includes the base, guy anchors, equipment, and/or buildings within a one-year time frame commensurate with the date said tower ceases to be used and/or termination of the aforementioned lease (or equivalent), if applicable.

A demolition or removal bond, or equivalent, will be required at the time of installation.

Prior to removal, a demolition permit must be obtained from the Code Enforcement Officer/Building Inspector.

Fees. See the Town of Pendleton Fee Schedule, as adopted by the Town Board via resolution, as may be amended from time to time.

§ 247-71 Residential wind energy conversion systems.

Title. This section shall be known as and may be cited as the "Residential Wind Energy Conversion Systems (RWECS) Law of the Town of Pendleton."

Purpose. The purpose of this section is to provide standards for RWECS designed for home and/or farm wind energy conversion system use on the same parcel, and that they are primarily used to reduce consumption of utility power at that location. The Town of Pendleton is primarily responsible for promoting the health, safety and general welfare of its residents and the environmental quality of its lands. This section is designed to preserve and protect the quality of life and the quality of the environment within the borders of the Town of Pendleton and to ensure that the health, safety, and general welfare continue to exist at the highest level and standards which the Town's residents have consistently required and expect.

Intent.

The intent of this section is to protect the Town's interest in properly siting all residential wind energy turbines and/or similar facilities in accordance with approved plans. Site plan approval is not required for farm operations located within an agricultural district.

RESIDENTIAL WIND ENERGY CONVERSION SYSTEM (RWECS)

This section may be periodically reviewed and revised by the Town Board in order to maintain compliance with the spirit and intent of this section.

Definitions. As used in this § 247-71, the following terms shall have the meanings indicated:

FARM OPERATIONS

Agricultural and farming activities located within an agricultural district as defined in § 301 of the New York State Agricultural and Markets Law.

A wind energy conversion system consisting of one wind turbine, one tower, and associated control or conversion electronics and is intended to solely supply electrical power for use on the subject property.

TOTAL HEIGHT

The height of the wind energy conversion system measured from the ground elevation to the top of the tip of the blade in the vertical position.

TOWER

The support structure; includes a guyed monopole upon which a wind turbine and other mechanical devices are mounted.

TOWER HEIGHT

The height above grade of the uppermost fixed portion of the tower, excluding the length of any axial rotating turbine blades.

WIND TURBINE

Any piece of electricity-generating equipment that converts wind energy into electrical energy through the use of airfoils, rotating turbine blades, or similar devices to capture the wind.

Site plan application process.

The applicant shall file a site plan review application with the Planning Board. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner confirming that the property owner is familiar with the proposed application and authorizing the submission of the application.

This site plan review shall include:

Twelve sets of plans prepared and certified by a New York State licensed professional engineer, an architect, a landscape architect, or land surveyor.

Drawing title including: name of project, name and address of applicant and person who prepared the drawings, North point, scale, legend, location map and date.

Property survey of proposed project, including dimensions, angles and acreage plotted to scale. Also show adjoining properties, owner names and addresses, and buildings within 500 feet of project boundary.

Street name, right-of-way and pavement width of all existing streets on or adjacent to the site, also including the location of adjacent or abutting driveways and street intersections.

Topographic survey (minimum grid of 50 feet), datum shall be State Plane, includes benchmark(s), location and elevation on drawing.

All existing buildings.

Proposed building locations, building setbacks and minimum zoning setbacks, side yard dimensions, space between buildings, green areas, parking areas and ingress and egress identified.

(h)

All existing watercourses, tree masses and other natural features, elevation of water in existing watercourses and proposed and existing base flood elevations (100-year if in a flood hazard area).

(i)

SEQR forms submitted. This action will be classified as an unlisted action. As a result, the short form will be used.

(j)

Visual impact study of the proposed RWECS as installed, which may include a computerized photographic simulation, demonstrating any visual impacts from strategic vantage points. Color photographs of the proposed site from at least two locations accurately depicting the existing conditions shall be included. The visual analysis shall also indicate the color treatment of the system's components and any visual screening incorporated into the project that is intended to lessen the system's visual prominence.

(k)

Location and elevation of the proposed RWECS.

(l)

Vertical drawing of the RWECS showing total height, turbine dimensions, tower and turbine colors, ladders, distance between ground and lowest point of any blade, location of climbing pegs and access doors.

(m)

Location of all aboveground utility lines on the site or within one radius of the total height of the RWECS, transformers, power lines, interconnection point with transmission lines and other ancillary facilities or structures shall be shown.

(n)

Record as-built drawings shall be submitted to the Building Department prior to issuance of final Building Department approval.

The Planning Board shall schedule a public hearing and conduct an environmental review pursuant to the State Environmental Quality Review Act (SEQRA).

Within 62 days after the public hearing, the Planning Board may approve, approve with conditions or deny the site plan review application. Denial of the application shall be by written decision based upon substantial evidence submitted to the Planning Board. Upon approval, the applicant shall obtain a building permit for the RWECS.

Special use permit. A special use permit issued by the Town Board is required upon approval of the site plan and is subject to an annual review by the Town Board. Town Board review will be undertaken to ensure that all provisions listed herein are being adhered to. The Town Board will have discretion to revoke the special use permit due to noncompliance and establish a time frame to correct the violation(s).

Standards.

Minimum lot size: five acres.

Setbacks:

From property lines: minimum distance 1 1/2 times the total height of the RWECS from any property line.

From on-site residential dwelling buildings: minimum distance 1 1/2 times the total height of the RWECS.

From off-site residential dwelling: minimum distance shall be 500 feet from the tower.

All RWECS shall be set back from rights-of-way, easements, public ways, power lines, and any preexisting structures by a distance of at least equal to its fall zone.

The minimum distance between the ground and any part of the rotor blade shall be 30 feet at its lowest point of rotation.

Only one RWECS per legal lot shall be allowed.

Exterior lighting, other than the conventional lighting for maintenance purposes, on any structure associated with the RWECS shall not be allowed except that which is specifically required by the Federal Aviation Administration.

No brand names, logos or advertising shall be placed or painted on the tower, rotor, generator, or tail vane where it would be visible from the ground, except that a system's or tower's manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner.

(7)

All wind turbines shall be equipped with an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades, and turbine components, or nacelles. This should meet or exceed the industrial standards for the size of the system and be certified by the manufacturer. The applicant shall have a manual filed with the Town Clerk also showing any revisions.

(8)

No RWECS shall be installed in any location where its proximity to existing fixed broadcast, retransmission or reception antenna for radio, television or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. No RWECS shall be installed in any location along the major axis of an existing microwave communication link where its operation is likely to produce electromagnetic interference in the link's operation. If it is determined that a RWECS is causing electromagnetic interference, the property owner shall take the necessary corrective action to eliminate this interference, including relocation or removal of the facilities, or resolution of the issue with the impacted parties. Failure to remedy electromagnetic interference is grounds for revocation of the RWECS building permit and approval for the RWECS causing the interference.

(9)

RWECS shall conform to the following specifications:

Kilowatt limit: 10 kilowatts maximum.

Color. The color of all RWECS shall be reviewed as environmentally appropriate subject to Planning Board approval. The RWECS tower and blades shall be painted a nonreflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and shall incorporate nonreflective surfaces to minimize negative visual impact.

Structure. All RWECS structures shall be a monopole tower.

The design of RWECS buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend the facility to the natural setting and the existing environment.

All monopole towers must be unclimbable by design and protected by anticlimbing devices, as per industrial standards or climbing apparatus to prohibit access no lower than 12 feet from the ground.

All related electrical lines shall be buried and marked in compliance with the NEC standards.

Total height shall be limited to a maximum of 120 feet to comply with setbacks.

(h)

RWECS shall be located only in rear yards.

(i)

Anchor points for any guy wires for a system tower shall be located within the property that the system is located on and not on or across any aboveground electric transmission or distribution lines. The point of attachment for the guy wires shall be enclosed by a fence six feet high or sheathed in bright orange or yellow covering to eight feet above the ground. The minimum setback for the guy wire anchors shall be 10 feet from the property boundary.

(10)

Certification. The applicant is required to provide the following certifications:

Certification of structural components. The foundation, tower and compatibility of the tower with the rotor and rotor-related equipment shall be certified in writing by a structural engineer registered in New York State. The engineer shall certify compliance with good engineering practices and compliance with the appropriate provisions of the Uniform Construction Code that have been adopted in New York State.

Certification of electrical system. The electrical system shall be certified in writing by an electrical engineer registered in New York State. The engineer shall certify compliance with good engineering practices and with the appropriate provisions of the electrical code that have been adopted by New York State.

Certification of rotor overspeed control. The rotor overspeed control system shall be certified in writing by a mechanical engineer registered in New York State. The engineer shall certify compliance with good engineering practices.

(11)

General complaint process.

During construction, the Code Enforcement Officer/Building Inspector can issue a stop-work order at any time for any violations of the special use permit.

Post construction. After construction is complete, the special use permit holder shall establish a contact person, including name and phone number for receipt of any complaint. Upon receipt of complaint from the Code Enforcement Officer/Building Inspector the permit holder/contact person shall have seven working days to reply to the Town in writing.

(12)

Post-construction maintenance/inspections.

Upon reasonable notice, the Code Enforcement Officer/Building Inspector may enter a lot on which a RWECS building permit has been granted for the purpose of compliance with any special use permit requirements. Twenty-four hours' advance notice by telephone to the owner/operator or designated contact person shall be deemed reasonable notice.

A RWECS shall be inspected annually by a professional engineer licensed in the State of New York that has been approved by the Town or at any other time, upon a determination by the Code Enforcement Officer/Building Inspector, that the wind turbine, tower, or other RWECS components have sustained structural damage, and a copy of the inspection report shall be submitted to the Code Enforcement Officer/Building Inspector. Any fee or expense associated with this inspection shall be borne entirely by the permit holder.

(13)

Fees and costs. See the Town of Pendleton Fee Schedule, as adopted by the Town Board via resolution, as may be amended from time to time.

(14)

Abandonment of use. All RWECS shall be maintained in good condition and in accordance with all requirements of this section. If an annual inspection shows that the structure is unsafe, then the owner will be given an opportunity to bring the structure into compliance. If the structure is deemed unsafe and the owner does not bring the structure into compliance within a reasonable period of time, the tower shall be dismantled and removed from the property at the owner's expense. The Town reserves the right to dismantle the structure and to charge back the cost of this removal to the property owner. If unpaid, this cost will be assessed to the tax levy of the property.

§ 247-72 Solar energy systems.

Title. This section shall be known and may be recited as the "Solar Energy Systems Ordinance of the Town of Pendleton."

Findings. The Town Board of the Town of Pendleton makes the following findings:

The Town Board recognizes that solar energy is a clean, readily available and renewable energy source, and the Town intends to accommodate the use of solar energy systems.

However, the Town Board finds a growing need to properly site solar energy systems within the boundaries of the Town to protect residential, business areas and other land uses, to preserve the overall beauty, nature and character of the Town, 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.

Prior to the adoption of this section, no specific procedures existed to address the siting of solar energy systems. Accordingly, the Town Board finds that the promulgation of this section is necessary to direct the location and construction of these systems.

Solar energy systems need to be regulated for removal when no longer utilized.

Purpose. This section is adopted to advance and protect the public health, safety and welfare of the Town, including:

Taking advantage of a safe, abundant, renewable, and nonpolluting energy resource;

Decreasing the cost of energy to owners of commercial and residential properties, including single-family residences; and

BUILDING-INTEGRATED SOLAR ENERGY SYSTEMS

Increasing employment and business development in the region by furthering the installation of solar energy systems.

Definitions. As used in this § 247-72, the following terms shall have the meanings indicated:

APPLICANT

The person or entity filing an application and seeking an approval under this section; the owner of a solar energy system or a proposed solar energy system project; the operator of a 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 terms "applicant" or "owner" or "operator" are used in this section, said term shall include any person acting as an applicant, owner or operator.

A solar energy system that is 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.

FOOTPRINT OF LARGE-SCALE SOLAR SYSTEM

The area usually measured in acres which is located within a line drawn around the perimeter of the total project. The total area of all solar panels, areas between panels, all support buildings and access roads to the panels are included in the footprint. Fencing around the footprint of the large-scale solar system must be installed, and all area within that fencing is included in the footprint.

FOOTPRINT OF MINOR SOLAR ENERGY SYSTEM, GROUND-MOUNTED

The area which is located within a line drawn around the perimeter of the total project.

GROUND-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system that is affixed to the ground, either directly or by support structures or other mounting devices.

LARGE-SCALE SOLAR ENERGY SYSTEM or SOLAR FARM

Any solar energy system that cumulatively on a lot is designed and intended to supply energy into a utility grid, primarily for sale to the general public.

MINOR SOLAR ENERGY SYSTEM

Any solar energy system which relies upon solar radiation as an energy source and distribution of solar energy for electricity generation or transfer of stored heat, secondary to the use of the premises.

ROOFTOP-MOUNTED SOLAR ENERGY SYSTEM

Any solar energy system that is affixed to the roof of a building and wholly contained within the limits of the roof surface.

Use districts where allowed.

Solar energy systems shall be allowed in zoning districts as follows:

Allowed by right:

Minor solar energy systems, including roof-mounted solar energy systems and ground-mounted energy systems: allowable in all zoning districts. In commercial and light industrial zoning districts, roof- or ground-mounted solar energy systems must be used in conjunction with the business located on the same parcel as the solar energy system.

Permitted by special use permit:

Large-scale solar energy systems or solar farms: allowable in CO2 Medium Commercial, LI Light Industrial and SLI Special Light Industrial Districts only by special use permit.

Large-scale solar energy systems or solar farms are not permitted by right or by special use permit in the R-1 and R-2 Residential Zoning Districts and CO1 Light Commercial District.

General regulations. The placement, construction, and major modification of all solar energy systems within the boundaries of the Town shall be permitted only as follows:

All solar energy systems shall adhere to all applicable federal, state, county and Town of Pendleton laws, regulations and building, plumbing, electrical, and fire codes.

Rooftop-mounted and building-integrated solar energy systems upon issuance of a building permit based on the criteria set out in § 247-72G herein.

Ground-mounted solar energy systems upon issuance of a building permit based on the criteria set out at § 247-72I herein.

Large-scale solar energy systems, upon site plan review by the Planning Board and special use permit approval issued by the Town Board, and upon issuance of a building permit issued by the Code Enforcement Officer/Building Inspector, shall be subject to all provisions of this section.

All solar energy systems existing on the effective date of this section shall be allowed to continue usage as they presently exist. Routine maintenance (including replacement with a new system of like construction and size) shall be permitted on such existing systems. New construction other than routine maintenance shall comply with the requirements of this section.

No solar energy system shall hereafter be used, erected, moved, reconstructed, changed or altered except in conformity with these regulations.

(7)

Any applications (including variance applications) pending for solar energy systems on the effective date of this section shall be subject to the provisions of this section.

(8)

This section shall take precedence over any inconsistent provisions of Chapter 247 of the Town Code, Zoning.

Minor solar energy systems.

Rooftop-mounted solar energy systems shall be subject to the following requirements:

Shall not be more than three feet higher than the finished flat roof to which it is mounted.

Shall be flush-mounted parallel to the pitched roof surface and no more than six inches above the surface with an eighteen-inch clearing at the roof ridge and an eighteen-inch clearing path to the ridge.

The Code Enforcement Officer/Building Inspector may require, in his/her sole discretion, at least a three-foot center walkway for safety access purposes.

The proposed solar installation shall be on the roof of a residential building or legal accessory structure with a single layer of roof covering. A waiver may be requested, in writing, from the Code Enforcement Officer/Building Inspector for an installation on a second layer of roof covering.

The proposed solar installation shall create a gravity roof load of no more than five pounds per square foot for a photovoltaic (PV) system.

All equipment and systems must be in full compliance with all current National Electrical Code (NEC) and New York State Building Code requirements.

A professional engineer or registered architect must also certify the load-bearing and wind load sufficiency of the proposed solar installation.

(h)

A new survey is not required, but if the solar energy system is proposed for an accessory structure on a residential property, the applicant shall provide an existing survey and demonstrate that the accessory structure is legal.

Building-integrated solar energy systems shall not be more than three feet from the building wall, and in no instance shall any part of the system extend beyond the roofline or parapet wall.

Ground-mounted solar energy systems.

Ground-mounted solar energy systems shall be subject to the following setback requirements:

R1 and R2 Districts.

[a]

Front yard: 125 feet;

[b]

Side yard: 30 feet; and

[c]

Backyard: 30 feet.

CO1, CO2, LI, and SLI Districts. See §§ 247-12 to 247-15 for the established setback (front yard, side yard and back yard) requirements in prospective zoning districts.

The location of said solar energy system shall be only in the side or rear yard.

The orientation of said solar energy system shall not be pointed directly at any adjoining residential dwelling.

The height of said solar energy system shall not exceed 15 feet when oriented at maximum tilt.

The total surface area of said solar energy system on a lot which is two acres or less shall not exceed 600 square feet.

The total footprint (See definition of "footprint of minor solar energy system, ground-mounted" in § 247-72D.) of said solar energy system on a lot which is greater than two acres shall not exceed 2.5% of the total square footage of the entire lot.

Site plan review requirements for large-scale solar energy systems. Applicants for approval to place, construct, and make a major modification to a large-scale solar energy system within the boundaries of the Town shall be subject to site plan review and approval by the Planning Board under § 247-54, which shall include environmental review under SEQRA and a public hearing. See § 247-54, Site plan review; performance and design standards. In addition to the standard requirements in other articles of Chapter 247, Zoning, the following information shall be contained in the application:

Utility interconnection data and a copy of written notification to the utility of the proposed interconnection.

One- or three-line electrical diagram detailing the solar energy system installation, associated components, and electrical interconnection methods, with all disconnects and overcurrent devices.

Plans and drawings of the solar energy system installation signed by a professional engineer registered in New York State showing the proposed layout of the entire solar energy system along with a description of all components, whether on-site or off-site, existing vegetation and proposed clearing and grading of all sites involved, and utility lines, both above and below ground, on the site and adjacent to the site.

Property lot lines and the location and dimensions of all existing structures and uses on-site within 500 feet of the solar panels.

Proposed fencing and/or screening for said project.

The footprint of the large-scale solar system, outlined in accordance with the definition of "footprint" found in § 247-72D, Definitions, must be provided. A calculation determining total acreage within the footprint must also be provided.

(7)

A decommissioning plan to ensure the proper removal of large-scale solar energy systems is to be submitted to the Building Department for approval and must specify that after the large-scale solar energy system is no longer in use (as determined by the owner/operator or the Code Enforcement Officer/Building Inspector), it shall be removed by the applicant or any subsequent owner. The plan shall demonstrate how the removal of all infrastructure and restoration shall be conducted to return the parcel to its original state prior to construction. The plan shall also include an expected time line for execution and a cost estimate for decommissioning prepared by a professional engineer or qualified contractor. Cost estimates shall take inflation into consideration and be revised every five years during operation of the system. Removal of the large-scale solar energy system must be completed in accordance with the approved decommissioning plan and the standards provided as follows:

All structures and foundations associated with the large-scale solar energy systems shall be removed to a depth of 36 inches;

All disturbed ground surfaces shall be restored to original conditions, including topsoil and seeding as necessary;

All electrical systems shall be properly disconnected, and all cables and wiring buried less than 36 inches in depth shall be removed; and

A bond or other approved security shall be provided to cover the cost of removal and restoration of the area impacted by the solar energy system. Security shall be in an amount equal to 150% of the construction estimate as presented in the approved decommissioning plan.

Large-scale solar energy system design criteria.

Design of large-scale solar energy systems shall meet the following conditions:

Setbacks. Any utility-scale solar energy system shall adhere to the following setbacks:

A minimum of 200 feet from any property lot line.

A minimum of 250 feet from any building or structure on any adjacent lot.

A minimum of 500 feet from any dwelling.

[4]

A minimum of 200 feet from any public road or railroad (measured from the road right-of-way or property line).

[5]

A minimum of 750 feet from all property lot lines bordering a school or public park.

Maximum overall height. The height of a large-scale solar energy system shall not exceed 20 feet when oriented at maximum tilt.

Number of large-scale solar energy systems allowed per lot. There shall be allowed only one large-scale solar energy system per lot.

Minimum lot area shall be 15 acres.

Maximum lot area shall be 100 acres.

The large-scale solar energy system proposed to be located in the CO2 Medium Commercial, LI Light Industrial or SLI Special Light Industrial Zoning District shall be subject to a maximum lot coverage area of 25% of the total acreage of property owned or leased on which proposed solar energy system is located, as calculated per the definition of "footprint" found in § 247-72D of this article.

All structures and devices used to support solar collectors shall be nonreflective and/or painted a subtle or earth-tone color.

All transmission lines and wiring associated with a large-scale solar energy system shall be buried and include necessary encasements in accordance with the National Electrical Code and Town requirements. The applicant is required to show the locations of all proposed overhead and underground electric utility lines, including substations and junction boxes and other electrical components for the project on the site plan.

After completion of a large-scale solar energy system, the applicant shall provide to the Code Enforcement Officer/Building Inspector a post-construction certification from a professional engineer registered in New York State that the project complies with applicable codes and industry practices and has been constructed and is operating according to the design plans.

Compliance with regulatory agencies. The applicant is required to obtain all necessary regulatory approvals and permits from all federal, state, county, and local agencies having jurisdiction and approval related to the completion of a large-scale solar energy system.

Security fencing. Fencing around the footprint of the large-scale solar energy system must be installed, and all area within that fencing is included in the footprint.

Maintenance, procedures, fees.

Removal. All solar energy systems shall be dismantled and removed immediately from a lot when the solar energy system has been deemed inoperative or abandoned by the Code Enforcement Officer/Building Inspector for a period of more than 365 days at the cost of the owner. If the owner does not dismantle and remove said solar energy system as required, the Town Board may, after a hearing at which the owner shall be given an opportunity to be heard and present evidence, dismantle and remove said facility and place the cost of removal to the security assigned to the project.

Determination of abandonment or inoperability. A determination of the abandonment or inoperability of a solar energy system shall be made by the Code Enforcement Officer/Building Inspector, who shall provide the owner with written notice by personal service or certified mail. Any appeal by the owner of the Code Enforcement Officer/Building Inspector's determination of abandonment or inoperability shall be filed with the Zoning Board of Appeals within 30 days of the Code Enforcement Officer/Building Inspector causing personal service or mailing, certified mail, his written determination, and the Board shall hold a hearing on same. The filing of an appeal does not stay the following time frame unless the Zoning Board of Appeals or a court of competent jurisdiction grants a stay or reverses said determination. At the earlier of the 366 days from the date of determination of abandonment or inoperability without reactivation or upon completion of dismantling and removal, any approvals for the solar energy system shall automatically expire.

Special use permit. A special use permit issued by the Town Board is required upon approval of the site plan and is subject to an annual review by the Town Board to ensure that all provisions listed herein are being adhered to. The Town Board will have discretion to revoke the special use permit due to noncompliance and establish a time frame to correct the violation/violations.