Physical dimensions of the site and property lines, easements and rights-of-way located within the site boundaries;

Existing and proposed topography of the site at five-foot contour intervals;

Location, approximate dimensions and types of existing structures and uses on site, public roads and adjoining parcels within 2,000 feet of any proposed WECS;

Location of all proposed facilities, including WECS, guy wires, access roads, electrical lines, substations, other utility systems, storage or maintenance units, other accessory facilities and fencing;

Location of all aboveground and below-ground utility lines on the site, and all related transformers, power lines, interconnection points with transmission lines, and other ancillary facilities or structures;

To demonstrate compliance with the setback requirements of this section, circles drawn around each proposed WECS location equal to:

Elevation drawing showing each WECS height and design, including a cross-section of the structure and components of the nacelle; each wind turbine's compliance with applicable structural standards; and the WECS' nameplate capacity. A copy of all manufacturer's specifications for the WECS to be installed shall be included;

A landscape plan showing all existing natural land features, trees, forest cover and all proposed changes to these features, including size and type of plant material and erosion control measures;

A lighting plan showing any FAA-required lighting and other proposed lighting. The application should include a copy of the determination by the FAA to establish required markings and/or lights for the structure, but if such determination is not available at the time of the application, the application shall so state and such determination shall be submitted prior to final approval;

Study of the ambient daytime and nighttime noise levels.

Surrounding topography in relation to the capabilities for generation of electricity by wind.

A plan detailing proposed haul routes to be used in delivery of project components, equipment and building materials, and those to be used to provide access to the site during and after construction. Such plan shall also describe anticipated improvements to existing state, county or Town roads, bridges or other infrastructure within the public right-of-way or located on land controlled by the Town of Binghamton needed for construction, maintenance and decommissioning of the WECS or tower facility.

Highway use permit subject to the provisions of the Highway Preservation Act, Local Law No. 171 and all other highway use permit regulations in the county or New York State.

Soil logs, soil profile analyses and stormwater runoff calculations for the area(s) being disturbed and stormwater pollution prevention plan prepared and certified by a professional engineer in accordance with the NYS DEC rules and regulations in effect at the time the project is approved.

A shadow flicker study, identifying locations where shadow flicker may be caused by the WECS and the expected durations of the flicker at these locations. The study shall identify areas where shadow flicker may interfere with residences and describe measures that will be taken to eliminate or mitigate impacts of the flicker. Adequate mitigation measures include, but are not limited to, temporary turbine shutdowns during periods that produce flicker, and shadow flicker for nonparticipating residences that submit complaints for exposures that exceed the annual limit as described in Subsection E(4)(a)[6] of this section.

A visual impact study, which shall include a computerized photographic simulation demonstrating any visual impacts from strategic vantage points. Color photographs assessing the visibility from key viewpoints, existing tree lines, and proposed elevations shall also be submitted. All photographs shall be digitally enhanced to simulate the appearance of the as-built aboveground site facilities as they would appear from distances within a ten-mile radius of such wind turbines. Photographs from specific locations may be required by the Board, and all photographs shall be no smaller than five inches by seven inches and be provided in color, hard copy format and digitally. The visual analysis shall also indicate the color treatment of the WECS and related components, and any visual screening incorporated into the project that is intended to lessen the WECS's visual prominence.

A noise analysis prepared by a qualified acoustical consultant documenting the noise levels associated with each proposed WECS in accordance with Subsection E(4)(a)[5] of this section. The study shall document noise levels at the property line of any non-participating property. The noise analysis shall provide preexisting ambient noise levels and include low-frequency noise.

A report detailing the potential impacts of ice-throw and blade-throw on structures and property within the Town, including proposed safety measures to mitigate such impacts.

A structural safety report, including proposed safety measures to mitigate wind-energy-deriving tower structural failure.

A property value analysis regarding the potential impact of values of nonparticipating properties in the Town of Binghamton. The analysis should include a proposed means of protecting property owners from the potential decrease in property values caused by the establishment and operation of the proposed WECS or tower facility.

A fire protection and emergency response plan created in consultation with the fire companies having jurisdiction over the proposed site.

An assessment of potential electromagnetic interference with microwave, radio, television, personal, official or emergency communication systems and other wireless communication.

A report including a description of the geologic and/or geotechnical conditions of the site, a narrative of soil identification and classification throughout the site, and engineering recommendations based on borings and laboratory testing pertinent to the design of tower foundations and other project components, and a stormwater pollution prevention plan by a professional engineer in accordance with the NYS DEC rules and regulations in effect at the time the project is approved may be required.

Plans to prevent the pollution of surface water or groundwater, erosion of soil both during and after construction, excessive runoff, and flooding of other properties, as applicable. The plans should include pre-construction and post-construction drainage calculations for the site completed by a certified engineer. The plans must show no increase in runoff from the site, or how such runoff shall be sufficiently mitigated and may require a stormwater pollution prevention plan by a professional engineer in accordance with the NYS DEC rules and regulations in effect at the time the project is approved.

Proposed mitigation measures for each and every anticipated adverse visual/aesthetic, environmental, or health/safety impacts of the WECS.

WECS shall be located in a manner that produces no additional negative impacts on existing microwave communications links. No WECS shall be installed in any location along the major axis of an existing microwave communications link where, when considering any mitigation strategies of applicant, its operation is still likely to produce significant electromagnetic interference in the links operation.

WECS shall be located in a manner that minimizes significant negative impacts on existing fixed broadcast, or reception antennas (including residential reception antennas) for radio (including amateur short-wave radio), television, or wireless phone or other personal communications systems. No WECS shall be installed in any location where, when considering any mitigation strategies of the applicant, its proximity with existing fixed broadcast, or reception antennas (including residential reception antennas) for radio (including amateur short-wave radio), television, or wireless phone or other personal communications systems is likely to produce electromagnetic interference with signal transmission or reception.

WECS shall be located in a manner that minimizes negative impacts on bird and bat species. No WECS shall be installed in any location where, when considering any mitigation strategies of the applicant, there are still likely to be negative impacts on birds or bats. The applicant shall present and implement a plan for such mitigation, which plan shall be approved by all relevant state and federal regulatory agencies, with consideration of input from local agencies with relevant expertise.

All large-scale WECS shall comply with the following minimum setback requirements. If more than one setback applies, the most restrictive setback shall control:

Exceed 45 (dBA) L_eq (eight-hour) measured from the property line of any nonparticipating property.

Exceed 40 (dBA) L (night-outside), annual equivalent continuous average nighttime sound level from the WECS or tower facility outside, measured from the property line of any nonparticipating property.

Produce any audible prominent tones, as defined under ANSI S12.9, Part 4-2005, Annex C, at the property line of any nonparticipating property.

Produce human-perceptible vibrations inside any residential structure located on a nonparticipating property that exceed the limits for residential use recommended in ANSI Standard S2.71-1983 (August 6, 2012), "Guide of evaluation of human exposure to vibration in buildings."

Exceed a maximum noise limit of 45 dBA L_eq at the full octave frequency of 16, 31.5 and 63 Hertz outside any existing nonparticipating residence in accordance with Annex D of ANSI Standard S12.9, 2005/Part 4, Section D.2(1) (Sounds with strong low-frequency content).

Exceed a limit of 45 dBA L_eq (one-hour) at the property line of any nonparticipating property from any collector substation equipment.

WECS shall use tubular towers.

The color of all WECS shall be a nonreflective matte-finished color or other industry standard color(s) which minimizes negative visual impact.

Each wind turbine within a WECS shall be generally uniform in size and geometry.

Confirming that the property owner fully understands and approves the proposed application(s) and provides copies of any lease agreements between the property owner and the applicant.

Authorizing the submission of the application.

Three times the total height from all adjacent off-site property lines, rights-of-way, easements, public ways, power lines (not to include individual residential feed lines), gas wells and state lands;

Three times the total height from all permanent structures located on-site;

One thousand five hundred feet or three times the total height, whichever is greater, from all permanent structures located off-site.

No small-scale solar energy systems or devices shall be installed or operated in the Town of Binghamton except in compliance with this section.

To the extent practicable, the accommodation of solar energy systems and equipment and the protection of access to sunlight for such equipment shall be encouraged in the application of the various review and approval provisions of the Town Code.

Rooftop and building-mounted solar for small-scale solar energy systems are permitted in all zoning districts in the Town subject to the following conditions:

Unified solar permit process/application. An applicant for an eligible roof-top mounted solar energy system must apply for a unified solar permit subject to obtaining a special use permit and/or site plan approval in accordance with Subsection D(1)(a)[6].

Ground-mounted and free-standing solar collectors and solar thermal systems for small-scale solar energy systems. In all zoning districts, a special use permit or site plan approval is required for: (i) any ground-mounted or free-standing small-scale solar energy system or (ii) any ground-mounted or free-standing small-scale solar energy system thermal system. The type of review required is determined by the size of the lot. The following regulations and conditions apply to all small-scale solar energy system ground-mounted or free-standing solar collectors and small-scale solar energy system thermal systems:

Special use permit standards and conditions for small-scale solar energy systems.

Placement of small-scale solar energy systems on nonconforming buildings or structures. Notwithstanding the area, lot and bulk requirements of this section or the Zoning Law of the Town, building-mounted and building-integrated small-scale solar energy systems may be installed:

All small-scale solar energy system installations must be performed by a qualified solar installer.

Prior to operation, electrical connections must be inspected by a Town Code Enforcement Officer or Building Inspector and by an appropriate electrical inspection person or agency, as determined by the Town.

Any connection to the public utility grid must be inspected by the appropriate public utility.

Solar energy systems shall be maintained in good working order.

Rooftop and building-mounted solar energy systems shall meet the current version of the New York Uniform Fire Prevention and Building Code standards in effect at the time permit is issued.

If energy storage devices are included as part of the small-scale solar energy system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Uniform Fire Prevention Building Code when in use, and, when no longer used, shall be disposed of in accordance with the laws and regulations of New York State.

Right to inspect. If the Code Enforcement Department receives a complaint, or requests access to inspect a solar collector facility, the property owner shall allow access to the property and facility. If it is determined after inspection that a hazard has been identified, the solar collector shall be removed or replaced within 120 days of notice from the Code Enforcement Department.

Abandonment and decommissioning. Removal required. Any small-scale solar energy system which has been determined to be nonfunctioning or abandoned shall be decommissioned and removed. The owner of the system and owner of the land upon which the system is located shall be jointly and severally responsible to physically remove all components of the system within one year of the determination of the system to be nonfunctioning or abandoned.

No large-scale solar energy systems or devices shall be installed or operated in the Town of Binghamton except in compliance with this section.

All large-scale solar energy systems shall be installed by a qualified solar installer.

All large-scale solar energy systems require a special use permit and site plan approval. Solar collector systems requiring a special use permit and site plan approval shall include, but not be limited to:

Special use permit application requirements. Applications for the installation of a large-scale solar energy system shall be reviewed by the Planning Board. For a special permit application, the site plan application is to be used as supplemented by the following provisions:

Classification. Solar collector systems requiring a special use permit may be classified as either an accessory use or a principal use as set forth below.

Standards for large-scale solar energy systems requiring a special use permit.

Building-mounted, large-scale solar energy systems.

Special use permit conditions. The following conditions shall apply to all special use permits issued for large-scale solar energy systems. No special use permit shall be issued unless the Planning Board finds that the following conditions have been or will be met.

Emergency access. Fire access roads and access for fire apparatus equipment shall be provided, as approved by the chief of the Town of Binghamton Volunteer Fire Company Inc. Any gates to the site shall be equipped with Knox Company locks to allow fire department access.

Right to inspect.

Any large-scale solar energy system located on areas that consist of Prime Farmland of Statewide Importance shall not exceed 50% of the area of Prime Farmland of Statewide Importance on the parcel.

To the extent practicable, large-scale solar energy systems located on Prime Farmland shall be constructed in accordance with the construction requirements of the New York State Department of Agriculture and Markets.

Large-scale energy system owners shall develop, implement, and maintain native vegetation to the extent practicable pursuant to a vegetation management plan by providing native perennial vegetation and foraging habitat beneficial to game birds, songbirds and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the landowners and/or solar system owners shall use native plant species and seed mixes.

The applicant for a special use permit for a large-scale solar energy system shall be responsible for reimbursing the Town for the cost of the engineering review by the Town Designated Engineer.

The Planning Board may use the Town Designated Engineer (TDE) and retain consultants and/or experts necessary to assist the Town in reviewing and evaluating the application at the expense of the applicant.

An applicant shall deposit with the Planning Board funds sufficient to reimburse the Town for all reasonable costs of TDE and consultant evaluation and consultation in connection with the review of any application. An initial deposit of $1,500 (the "initial deposit") shall be deposited with the application. The Town will maintain a separate escrow account for all such funds. The Town's consultants/experts shall invoice the Town for their services in reviewing the application. If at any time during the process the escrow account has a balance of less than $1,000, the applicant shall immediately, upon notification by the Town, replenish said escrow account so that it has a balance of at least $1,500. Such additional escrow funds shall be deposited with the Town before any further action or consideration is taken on the application. In the event that the amount held in escrow by the Town is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant. The amount of the escrow shall be commensurate with the scale of the project as defined and determined in Subsection D(2)(c)[4] below.

The total amount of the funds needed as set forth in Subsection D(2)(c)[3] of this section may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification. In the event the Planning Board determines that the initial deposit will be insufficient for review of the application, the Planning Board shall notify the applicant, and the applicant shall supplement the escrow fund within 30 days of notice from the Building Inspector of the estimated amount of the review fees necessary to process the application.

An owner/operator of a large-scale solar energy system shall secure and at all times maintain public liability insurance for the personal injuries, death and property damage, and umbrella insurance coverage for the duration of the large-scale solar energy system in amounts as set forth below:

The insurance policies shall be issued by an agent or representation of an insurance company licensed to do business in the state and with a Best's rating of at least "A."

Renewal or replacement policies or certificates shall be delivered to the Town at least 15 days before the expiration of the insurance which such policies are to renew or replace.

Before construction of a permitted solar energy production system is initiated, but no later than 15 days after the grant of the Town's approval, the holder of the site plan approval must deliver to the Town a copy of each of the policies or certifications representing the insurance in the required amounts.

In the event of a violation of this chapter or any large-scale solar energy system issued pursuant to this chapter, the Board may impose and collect, and the holder of the site plan approval for solar collection facilities shall pay to the Town, fines or penalties as set forth below.

A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of $1,500 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of $2,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this section or such ordinance or regulation shall be deemed misdemeanors and, for such purpose only, all provisions of relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

Notwithstanding anything in this chapter, the owner/operator of a large-scale solar energy system may not use the payment of fines, liquidated damages or other penalties to evade or avoid compliance with this chapter or any section of this chapter. An attempt to do so shall subject the owner/operator of the large-scale solar energy system to termination and revocation of certificate of compliance. The Town may also seek injunctive relief to prevent the continued violation of this chapter, without limiting other remedies available to the Town.

Penalty for failure to maintain insurance shall include revocation of building and/or unified solar permit and certificate of occupancy or compliance.

If a large-scale solar energy system is repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this chapter, then the Code Enforcement Office shall notify the owner/operator of the large-scale solar energy system in writing of such violation. Such notice shall specify the nature of the violation or noncompliance and that the violations must be corrected within seven days of the date of the postmark of the notice, or of the date of personal service of the notice, whichever is earlier. Notwithstanding anything to the contrary in this subsection or any other section of this chapter, if the violation causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the Code Enforcement Officer may, at his sole discretion, order the violation remedied within 24 hours.

If, within the period set forth in Subsection D(2)(f)[1] above, the large-scale solar energy system is not brought into compliance with the provisions of this chapter or substantial steps are not taken in order to bring the affected large-scale solar energy system into compliance, the Code Enforcement Office may revoke the certificate of compliance for large-scale solar energy system and shall notify the owner/operator of the large-scale solar energy system within 48 hours of such action.

Applicability and purpose. This section governing abandonment and decommissioning shall apply to large-scale solar energy systems. It is the purpose of this section to provide for the safety, health, protection and general welfare of persons and property in the Town of Binghamton by requiring abandoned commercial solar collector systems to be removed pursuant to a decommissioning plan on file with the Town. Abandoned large-scale solar energy systems may become unsafe by reason of their energy-producing capabilities and serve as an attractive nuisance.

Abandonment. A large-scale solar energy system shall be deemed "abandoned" if the system fails to generate and transmit electricity at a rate of more than 50% of its rated capacity over a continuous period of one year. If requested by the Code Enforcement Officer, the property owner and/or operator of the solar collector system shall provide the Code Enforcement Officer, within 45 days of a written request, a report certified by a qualified consultant demonstrating that the solar collector system is operating at a rate of at least 50% of its rated capacity. Failure to provide a report within 45 days of a written request shall create a presumption that the solar collector facility is not operating at the rate of at least 50% of its rated capacity. A large-scale solar energy system also shall be deemed abandoned if, following site plan approval, construction of the system has commenced but has not achieved project completion within 18 months of issuance of the first building permit for the project as denoted by the issuance of a certificate of compliance. The time at which a large-scale solar energy system shall be deemed abandoned may be extended by the Planning Board for one additional period of 60 days, provided the system owner presents to the Planning Board a viable plan subject to acceptance by the Town Board, including a financial statement indicating adequate, dedicated funds, outlining the steps and schedules for placing the system in service or back in service, at no less than 80% of its rated capacity, within the time period of the extension. Any application for an extension of time shall be made to the Planning Board by the owner (and/or operator) prior to abandonment as defined herein.

Removal required. Any large-scale solar energy system or small-scale solar energy system which has been determined to be abandoned shall be decommissioned and removed. The owner of the facility and owner of the land upon which the system is located shall be jointly and severally responsible to physically remove all components of the system within one year of abandonment. Removal of a large-scale solar energy system shall be in accordance with a decommissioning plan approved by the Town Board.

Decommissioning and removal. Decommissioning and removal of all ground-mounted solar energy system shall consist of:

Decommissioning and removal by the Town. If a large-scale solar energy system owner and/or landowner fails to decommission and remove an abandoned facility in accordance with the requirements of this section, the Town may enter upon the property to decommission and remove the system at the cost of the landowner.

Removal by Town and reimbursement of Town expenses. All costs and expenses incurred by the Town in connection with any proceeding or work performed by the Town or its representatives to decommission and remove a large-scale solar energy system, including legal costs and expenses, shall be reimbursed from the letter of credit posted by the project owner or landowner as provided in this section. Any costs incurred by the Town for decommissioning and removal that are not paid for or covered by the required letter of credit, including legal costs, shall be assessed against the property, shall become a lien and tax upon said property, shall be added to and become part of the taxes to be levied and assessed thereon, and shall be enforced and collected with interest by the same officer and in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town.

Ground-mounted and free-standing solar-thermal systems shall be subject to all requirements set forth in Subsection D(1) and (2) above as for ground-mounted and free-standing solar collectors and the New York State Uniform Fire Prevention Building Code and, in addition, must provide plumbing and electrical diagrams.

There are several types of geothermal systems, also known as "ground source heating pumps." They include closed loop, open loop, and direct exchange systems and are distinguished by the type of ground heat exchange (GHX) installed in the earth for heat transfer.

The closed loop and direct exchange (DX) GHXs may be installed vertically in drilled boreholes or horizontally in excavated trenches then backfilled. The open loop systems are installed only in vertical drilled boreholes.

When geothermal systems are proposed in conjunction with applications for the approval of sewage disposal and water supply facilities at a particular project site, the installation is also subject to guidelines issued by Broome County Health Department (BCHD) regarding the installation of geothermal wells.

Geothermal energy systems shall be permitted, installed, and erected within the Town pursuant to a building permit so long as they meet the provisions of this section and all applicable sections of the Town Code. Further, no building permit shall be issued to construct a geothermal energy system until all other applicable permits have been secured. Subject to compliance with this section and all other sections of the Town Code, geothermal energy systems shall be permitted in all zoning districts as customary accessory uses.

Permitted geothermal systems eligible to receive a building permit are those that satisfy the following basic criteria:

Application for permit. Permit applications shall include, but not be limited to, the following items which may be satisfied by documentation supplied by the design engineer, installer or equipment manufacturer as applicable:

Design standards and guidelines.

As-built drawings. Upon completion of construction, a scaled as-built drawing must be provided showing the locations of buried wells, closed loops, DX boreholes and horizontal connector piping, triangulated from two points on the property such as a building corner or other permanent structure. Offsets must also be shown from the nearest property line, and on-site septic systems and private water wells.

Setbacks.

Decommissioning.