A building permit shall be required for installation of all rooftop-mounted solar energy systems.

Rooftop-mounted solar energy systems shall not exceed the maximum allowed height of the principal use in the zoning district in which the system is located and shall specifically prohibit solar racking systems extending from the roof surface more than 12 inches when measured from average grade of roof surface at maximum height.

In order to ensure firefighter and other emergency responder safety, except in the case of accessory buildings under 1,000 square feet in area, there shall be a perimeter area around the edge of the roof and structurally supported pathways to provide space on the roof for walking around all rooftop-mounted solar energy systems. Additionally, installations shall provide for adequate access and spacing in order to:

Provided the rooftop-mounted solar energy system meets the requirements for a unified solar permit, an applicant shall only be subject to and comply with the requirements specified in this § 165-104.4E. An applicant must submit the unified solar permit application to the Codes Enforcement Officer as follows:

Permit review and inspection timeline. Unified solar permit determinations will be issued within 14 days upon receipt of complete and accurate applications. The municipality will provide feedback within seven days of receiving incomplete or inaccurate applications. If an inspection is required, a single inspection should be sufficient and will be provided within seven days of inspection request.

A building permit and site plan approval shall be required for installation of all ground-mounted solar energy systems.

Ground-mounted solar energy systems as an additional accessory structure. For purposes of this § 165-104.5 (and notwithstanding any other provision of this Chapter 165), ground-mounted solar systems authorized for placement on qualifying lots shall not be considered an "additional accessory structure" as otherwise limited within this chapter.

Notwithstanding any other provision of this chapter, ground-mounted solar energy systems are prohibited in all front yards and all lake abutting yards (front or rear yards with physically adjacent lake frontage but not including side yards). In cases of side yard placement, the applicant shall demonstrate mitigation of any visual impacts of such placement to address the lake and surrounding vantage points.

Ground-mounted solar energy systems shall comply with the most restrictive area, yard and bulk regulations in each applicable zoning district in which the ground-mounted solar energy system is constructed.

Setbacks. Further setbacks, area and yard requirements and bulk restrictions may be required by the Planning Board in addition to those set forth in § 165-104.5A(3) above in order to protect the public's safety, health and welfare.

The height of the solar collector/panel and any mounts shall not exceed 10 feet when oriented at maximum tilt measured from the ground (average grade) and including any base.

As part of the site plan approval, a ground-mounted solar energy system shall be screened when possible and practicable from adjoining lots and street rights-of-way through the use of architectural features, earth berms, landscaping, fencing or other screening which will harmonize with the character of the property and the surrounding area. The proposed screening shall not interfere with the normal operation of the solar collectors/panels.

Neither the ground-mounted solar energy system nor any component thereof shall be sited within any required buffer area.

The total surface area of all ground-mounted solar energy system components shall not exceed the area of the ground covered by the building structure of the largest building on the lot measured from the exterior walls, excluding patios, decks, balconies, screened and open porches, and attached garages.

The area beneath the ground-mounted solar energy system shall not be included as impervious surface coverage in calculating whether the lot meets the maximum permitted lot coverage requirements for the applicable zoning district.

The criteria for site plans as set forth in Chapter 133 shall be demonstrated for each application.

In addition to the criteria required under § 165-114, Criteria for decisions, the following additional criteria shall be applicable to the granting of a special use permit for a ground-mounted solar energy system pursuant to this Subsection C:

Notwithstanding anything to the contrary in this § 165-104.5, ground-mounted solar energy systems shall not be installed within the Lake Watershed and Riparian Corridor (LW&RC) District for lots which physically front on or abut Cazenovia Lake when such structures are visible from the lake.

Weight load;

Wind resistance; and

Ingress or egress in the event of fire or other emergency.

Solar energy systems and components shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system. Materials used for marking shall be weather-resistant. For residential applications, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover.

In the event any of the standards in this subsection for markings are more stringent than applicable provisions of the New York State Uniform Fire Prevention and Building Code, they shall be deemed to be guidelines only, and the standards of the State Code shall apply.

Minimum street frontage: 300 feet.

Minimum lot area: 50 contiguous acres under single ownership (when such parcel is not bisected by a public road).

Minimum front yard setback to fence: 250 feet.

Minimum rear yard setback to fence: 200 feet.

Minimum side yard setback to fence: 200 feet.

Commercial solar projects shall be set back at least 1,000 feet from any Important Bird Area as identified by the New York Audubon.

Commercial solar projects that are contiguous to wetland areas shall, at a minimum, conform to the setback requirements mandated by either the New York State Department of Environmental Conservation or the U.S. Army Corps of Engineers. Said setback(s) may be varied based upon information that may be required by the Town Planning Board and supported by appropriate submissions that may require a greater setback. Setbacks will be determined on a case-by-case basis, and a proper record supporting any such greater setback requirement shall be established as part of the review process.

Each commercial solar project application shall demonstrate that the facility operator owns or controls sufficient land area to properly operate and maintain the facility.

To prevent the oversaturation of commercial solar projects in one area of the Town of Cazenovia, no commercial solar project shall be approved if it is within one mile of an already approved commercial solar project unless the reviewing board makes specific findings that it will not have a significant impact on the community character of the area.

In siting consideration of commercial solar projects, the applicant shall avoid areas that substantially contribute to and are important to the scenic quality of the landscape.

When the applicant is unable to meet siting and/or mitigation requirements, each application shall formally address and assess the availability and feasible use of alternative sites if less objectionable.

In addition to the criteria established pursuant to § 165-114, the following criteria are hereby established for purposes of granting a special use permit for a commercial solar project under this chapter:

Waiver. The Zoning Board of Appeals may, upon exercise of its reasonable discretion, waive one or more of the submission requirements imposed herein. Relief from all other requirements must be made by way of an area or use variance from the Zoning Board of Appeals.

The following submission requirements must be observed regarding a site plan application for a commercial solar project. The Planning Board may also require any of the requirements of Chapter 133 as part of the submission.

Site plan review criteria. In addition to the above and subject to the criteria from Chapter 133, no site plan shall be approved unless the Planning Board determines that the proposed commercial solar project complies with the following:

Building permit applications shall be accompanied by standard drawings of structural components of the commercial solar project and all its components (including but not limited to solar panel, solar collector, solar energy system, etc.). Drawings and any necessary calculations shall be certified, in writing, by a New York State registered professional engineer that the system complies with the New York State Uniform Fire Prevention and Building Code. This certification would normally be supplied by the manufacturer.

Where the structure, components or installation vary from the standard design or specification, the proposed modification shall be certified by a New York State registered professional engineer for compliance with the structural design provisions of the New York State Uniform Fire Prevention and Building Code.

Building permit applications shall be accompanied by a line drawing identifying the electrical components of the commercial solar project to be installed in sufficient detail to allow for a determination that the manner of installation conforms with the National Electrical Code. The application shall include a statement from a New York State registered professional engineer indicating that the electrical system conforms with good engineering practices and complies with the National Electrical Code, as well as applicable state and local electrical codes. This certification would normally be supplied by the manufacturer. All equipment and materials shall be used or installed in accordance with such drawings and diagrams.

Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a New York State registered professional engineer for compliance with the requirements of the National Electrical Code and good engineering practices.

Be an insurance policy from an AM Best rated "secured" or better insurer, authorized to conduct business in New York State. A New York State licensed insurer is preferred.

State that the applicant's insurance coverage shall be primary and noncontributory coverage for the Town, its Board, employees, agents, and volunteers.

Additional insured status shall be provided by standard or other endorsements that extend coverage to the Town for both ongoing and completed operations. A completed copy of the endorsements shall be attached to the certificate of insurance.

The applicant shall provide a copy of the declaration page of the liability policies with a list of endorsements and forms. If so requested, the applicant will provide a copy of the policy endorsements and forms.

The certificate of insurance shall contain a provision that coverage afforded under the applicable policy shall not be canceled or terminated until at least 30 days' prior notice has been provided to the Town. In the event of a termination, cancellation, or lapse of the required insurance coverage, the special use permit to operate the solar energy system shall be immediately suspended, and operation of the system shall cease. Upon restoration of the required insurance coverage, to the satisfaction of the Town, permission to operate the commercial solar project may be restored.

The submission of an acceptable decommissioning plan and decommissioning bond/security subject to review by the Town's consulting attorneys and engineers and approved by the Town of Cazenovia. For purposes of the decommissioning plan and decommissioning bond, the following shall constitute "decommissioning events" triggering the decommissioning of the site and/or a call on the decommissioning bond: a) if construction and installation of the project improvements are not completed within 18 months of commencement of construction (such time period may be reasonably extended upon notification to the Town and with good cause shown for any delays in completion);[2] b) if the solar energy facility ceases to be used for its intended purpose for 12 consecutive months (such time period may be reasonably extended upon notification to the Town with good cause shown); c) at the time of decommissioning, complete removal of the project within 90 days thereafter, except for any portions of the project access roads otherwise requested by the owner to remain to facilitate agricultural access to the property or conduit buried more than four feet below ground; d) upon the end of the project's operation; e) if the applicant, or its successors or assigns, seeks dissolution or files for bankruptcy or f) failure to have in place or timely replace adequate decommissioning securities. Renewal securities shall be in place no less than 90 days prior to the expiration of any existing securities.

All decommissioning activities shall be completed to the reasonable satisfaction of the Town, and consistent with the decommissioning plan.

Such plan shall also include a commitment by the applicant to impose a similar obligation to remove any unused and/or obsolete solar panels upon any person subsequently securing rights to relocate the solar panels.

At a minimum, the applicant shall include the following binding terms in the decommission plan:

Bond/security. The applicant shall be required to execute and file with the Town Clerk, and file and record with the Madison County Clerk's office, a bond, or other form of security acceptable to the Town Attorney and Engineer in favor of the Town, in an amount sufficient for the faithful performance of the terms and conditions of the permit issued under this chapter, and to provide for expenses associated with the decommissioning removal and restoration (including soil restoration to the Town's satisfaction) of the site subsequent to the removal of the commercial solar project. The bond must be issued by a company which has an "AAA" Standard & Poor's (S&P) and Fitch Ratings bond rating, a Moody's Investors Service's rating of "AAA," and can demonstrate sufficient assets to cover the bond. The amount of the bond or security shall be no less than 150% of the cost of the removal of the solar panels and restoration of the site (as measured from the end of its projected useful life), shall be in writing for an initial minimum noncancellable term of the projected life of the system plus two years. (In the event the applicant demonstrates that there exists no commercially available bond or other security product in the market for the projected life of the project, the reviewing board may consider a bond or security product with an initial minimum term of five years with automatic renewal in five-year increments, and shall further be reviewed and adjusted at said five-year increments). Such amounts shall account for inflation and prevailing wage costs for decommissioning. In the event of a default upon performance of any such conditions of an approval or a violation of this chapter or any of them, the bond or security shall be forfeited to the Town, upon demand. The bond or security shall remain in full force and effect until the complete removal of the solar panels and site restoration is finished. The bond security must be renewed a minimum of six months prior to expiration with proof of renewal in the form of the original security instrument filed with the Town. In addition to the above, the submitted security (cash or bond) shall include monies sufficient to guarantee replacement of all screening plantings and/or other screening elements incorporated into the approved project.

The Zoning Board of Appeals and Planning Board shall in all instances give special consideration to areas that consist of prime farmland, prime soils, prime soil lands, and/or farmland of statewide importance and the removal of such lands when reviewing applications and granting special use permits and site plan approvals to commercial solar project applicants under this article.

To the maximum extent practicable, commercial solar projects approved to be located on prime farmland, prime soils, prime soil lands, and/or farmland of statewide importance shall be constructed in accordance with the construction requirements of the New York State Department of Agriculture and Markets.

Commercial solar project applicants 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, pollinators and grazing or pastured animals. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the applicants shall use native plant species and seed mixes.

Where a commercial solar project is to be located on prime farmland, prime soils, prime soil lands, and/or farmland of statewide importance, the applicant shall retain and designate an environmental monitor to oversee the construction, restoration, and subsequent monitoring of the agricultural lands. The environmental monitor is to be on-site whenever construction is occurring on the agricultural land(s), and any construction shall be coordinated with the Town's Codes Enforcement Officer and the New York State Department of Agriculture and Markets to develop an appropriate schedule for inspections to assure these lands are being preserved and protected to the greatest extent possible.

Structures for overhead collection lines, interconnect cables and transmission lines installed aboveground (when unavoidable) shall be located outside agricultural field boundaries. When aboveground cables and transmission lines must cross agricultural fields, the applicant shall use taller structures that provide longer spanning distances and locate poles on field edges to the greatest extent practicable.

Access roads are to be located along the edge of agricultural fields, in areas next to hedgerows and field boundaries, and in the nonagricultural portions of the site.

Unless shown to have no negative effects, there shall be no cut and fill so as to reduce the risk of creating drainage problems by locating access roads which cross agricultural fields along ridge tops and by following field contours to the greatest extent possible.

The width of access roads across or along agricultural fields is to be no wider than 20 feet so as to minimize the loss of agricultural lands and comply with the New York State Fire Code.

The surface of commercial solar project access roads to be constructed through agricultural fields should be level with the adjacent field surface where possible.

All existing drainage and erosion control structures, such as diversions, ditches, and tile lines, shall be preserved, and applicants shall take appropriate measures to maintain the design and effectiveness of these structures. Applicants shall repair any structure disturbed during construction to as close to original condition as possible unless such structures are to be eliminated based upon an approved site plan for the commercial solar project.

Culverts and water bars are to be installed to maintain natural drainage patterns.

All topsoil areas to be used for vehicle and equipment traffic, parking, equipment laydown, and as storage areas are to be stripped. All topsoil stripped from work areas (parking areas, electric cable trenches, along access roads) is to be stockpiled separate from other excavated materials (rock and/or subsoil).

Where an open trench is required for cable installation, topsoil stripping from the entire work area may be necessary. As a result, additional workspace may be required as part of site plan approval.

A maximum of 50 feet of temporary workspace is to be provided along open-cut electric cable trenches for proper topsoil segregation. All topsoil will be stockpiled immediately adjacent to the area where stripped/removed and shall be used for restoration on that particular site. No topsoil shall be removed from the site. The site plan shall clearly designate topsoil stockpile areas in the field and on the construction drawings.

All vehicle and equipment traffic and parking to the access road and/or designated work areas, such as laydown areas, are to be limited in size to the greatest extent practical.

No vehicles or equipment are to be allowed outside the work area without prior approval from the Environmental Monitor.

In pasture areas, it is necessary to construct temporary or permanent fences around work areas to prevent livestock access, consistent with any applicable landowner agreements.

Excess concrete used in the construction of the site is not to be buried or left on the surface in active agricultural areas. Concrete trucks will be washed outside of active agricultural areas.

Restoration requirements. Upon the cessation of the solar use, the Town of Cazenovia shall require reasonable soil restoration to occur on the site. The following minimum requirements are set forth herein. Applicants shall restore all agricultural lands temporarily disturbed by construction and operation of the use in a manner consistent with the most recently published guidelines of the New York State Department of Agriculture and Markets and as follows:

In every instance of a commercial solar project application, the applicant shall be required to propose a payment in lieu of taxes ("PILOT") agreement. The developer shall also comply with the notice requirements of NYS Real Property Tax Law § 487. The applicant will then contact the Town's legal counsel to negotiate the terms of said agreement.

In addition to a PILOT agreement, the applicant shall propose to the Town, on projects involving one megawatt and above, a host community agreement benefit package for consideration by the Town Board as part of the approval process. Once the application package materials are deemed complete and while the Planning Board/Zoning Board of Appeals are completing their reviews, the project/application shall be referred to the Town Board to decide on the completion and terms of a host community agreement. This agreement shall be in addition to a PILOT agreement.