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

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

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

Roof-mounted solar energy systems shall incorporate, when feasible, the following design requirements:

Glare. All Solar panels shall have anti-reflective coating(s) and proof of such must be provided with the building permit application.

Fire safety. All roof-mounted systems shall be designed and installed in accordance with the Uniform Fire Prevention and Building Code standards.

All Tier 2 solar energy systems shall have views minimized from adjacent properties to the extent reasonably practicable (as determined through the site plan process).

Solar energy equipment shall be located in a manner to reasonably avoid and/or minimize blockage of views from surrounding properties and shading of property to the north, while still providing adequate solar access.

Plans and drawings of the solar energy system installation signed by a New York State certified professional engineer or registered architect showing the proposal layout of the solar energy system along with a description of all components, existing vegetation, any proposed clearing and grading of the lot involved, any stormwater or erosion disturbances, and utility lines, both above and below ground, on the site and adjacent to the site; and clearly showing the direction of surface water flow from the site.

The site plan will illustrate all property lot lines and the location and dimensions of all existing structures and uses within 500 feet of the solar panels.

Any proposed fencing and/or screening for said project.

Any such additional information as may be required by the Town's professional engineer or consultant, the Town Planning Board, the Town Board, the Town Attorney, the Code Enforcement Officer, or other Town entity.

A public hearing on said site plan may be waived by the Town Board at the Town Board's discretion.

If solar storage batteries are included as part of any solar energy system, they shall be placed in a secure container or enclosure meeting the requirements of the New York State Building Code and any Town of Concord battery energy storage law.[1]

Received by the Code Enforcement Officer (CEO) and checked to make sure the appropriate documents have been submitted. No such application shall be deemed filed until any required application fee has been paid by the applicant. The CEO will then forward to the Town Board, by having it placed on the next available agenda, for it to determine completeness of the application and refer to the Planning Board and/or a professional engineer or consultant for an initial review. Applicants shall be advised within 10 business days of the first Planning Board meeting of the completeness of their application or any deficiencies that must be addressed prior to substantive review of the special use permit and site plan.

Once the application is deemed complete and while the Planning Board is completing their reviews and recommendations, the project/application shall be referred back to the Town Board to begin completion of the host community agreement. This agreement will need to be finalized before the special use permit is issued.

The Planning Board shall complete their reviews and issue an advisory recommendation for consideration by the Town Board. The Planning Board may make such additional referrals to experts, consultants, or applicable engineering professionals as it deems appropriate (these costs shall be paid by the applicant through an escrow fund to be set up with the Town).

The Town Board shall review the advisory report and set a public hearing in accordance with the special use permit law to hear all comments for and against the application. The Town Clerk shall complete all public notice requirements in accordance with the special use requirements of the Town.

If required, the application shall also be referred to the Erie County Department of Environment and Planning (ECDEP) pursuant to General Municipal Law § 239-m.

The special use permit shall be acted upon by the Town Board, once the required steps are completed and the Town Board has completed the SEQR process.

The Town Board may grant a special use permit, deny a special use permit, or grant a special use permit with written stated conditions. Denial of a special use permit shall be by written decision based upon substantial evidence and advisory recommendations considered by the Town Board. Upon issuance of a special use permit, the applicant shall obtain a building permit for the Tier 3 or Tier 4 solar energy system.

The Town Board then can proceed with acting on the site plan.

Vehicular paths. Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction.

Signage.

Glare. All solar panels shall have anti-reflective coating(s) and proof of such submitted at application and at the building permit stage.

Lighting. Lighting of the solar energy systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast (dark sky compliant) from abutting properties.

Noise. Information on any noise-producing equipment (as determined by the Town based on application materials) shall be submitted. If necessary, the Planning Board will require analysis of the noise on any sensitive receptors, including single-family homes.

Tree cutting. Removal of existing trees larger than six inches in diameter should be minimized to the extent possible (or, if allowed by the Town, replace as necessary on the site).

Decommissioning.

Application fees. All applications for Tier 3 (and Tier 4) solar energy systems shall include the appropriate fees as set by the Concord Town Board. The applicant shall also be responsible for any costs incurred by the Town for consulting and legal services.

Maintenance plan. Applications shall include a maintenance plan for all leased lands (including required setbacks/buffers). The maintenance plan shall also include the minimum guarantee period on the plantings (10 years). The maintenance plan shall address the maintenance of the equipment, the access roads (condition and plowing), plantings, buffer areas and the area under the panels. With regards to maintenance, the Town will not allow the use of herbicides, pesticides and other chemicals. The maintenance plan should include environmentally friendly maintenance procedures including the use of animal grazing and the use of pollinator species and low-maintenance vegetation.

Safety. Applications shall include a safety plan (including communication with emergency service providers).

Environmental and cultural resources; information on the environmental and cultural resources (as identified through the NYSDEC mapping system and by the Town of Concord. This includes resources such as wetlands, viewsheds, scenic byways, forestry lands, habitats, etc.) on the subject property and surrounding properties.

A property owner who has installed, or intends to install, a Tier 3 solar energy system or private solar energy system may choose to negotiate with other property owners in the vicinity for any necessary solar skyspace easements. The issuance of a special use permit by the Town does not constitute solar skyspace rights, and the Town shall not be responsible for ensuring impermissible obstruction to the solar skyspace as a result of uses or development performed in accordance with Town Code.

A plan illustrating property lines and physical features, including roads, for the project site.

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.

A one- or three-line electrical diagram detailing the solar energy system layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices.

Plans must also illustrate all off-site infrastructure, including transmission lines, points of grid interconnection, poles and electric lines servicing the project. These "off-site" improvements will be considered part of the project and considered in the project review.

A preliminary equipment specification sheet that documents all proposed solar panels, significant components, mounting systems, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.

Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the solar energy system. Such information of the final system installer shall be submitted prior to the issuance of building permit.

Name, address, phone number, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the solar energy system.

Zoning district designation for the parcel(s) of land comprising the project site and adjoining lands.

Property operation and maintenance plan. Such plan shall describe continuing photovoltaic and other equipment maintenance and property upkeep, such as mowing and trimming (or other methodologies).

Erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board or Town Engineer.

Engineering documents must be signed and sealed by a New York State (NYS) licensed professional engineer or NYS registered architect.

A completed SEQR full environmental assessment form.

A landscape plan in accordance with the special use permit requirements of this article.

Proposed fencing and screening of the project.

Any such additional information as may be required by the Town Planning Board, a Town professional engineer or consultant, the Concord Town Board, the Town Attorney, the Town Code Enforcement Officer, or other Town entity.

The total surface area of a Tier 3 solar energy system situated in a Residential-Agricultural (R-AG) Use District, on a lot which is greater than 15 acres, is determined by the size of the parcel, as indicated below:

The total surface area of a Tier 3 solar energy system, on a lot which is greater than 15 acres, situated in a Commercial (C) Use or Industrial Use District, shall not exceed 20% of the total square footage of the entire lot.

Setbacks. All Tier 3 solar energy systems shall be set back a minimum of 100 feet (all setbacks are measured from the fence surrounding the solar panels and all equipment) to all nonparticipating property lines and to the edge of any road ROW. Additionally, the setback from the fence line shall be a minimum of 300 feet from the side or rear of a dwelling unit on an adjoining nonparticipating property. The setback to any off-site participating dwelling unit shall be 100 feet from the side or rear of the dwelling unit. For participating properties with proposed solar panels, the setback from a property line is not required. Additional setback requirements are as follows:

Height. The Tier 3 solar energy systems shall be less than or equal to 20 feet. The height of systems will be measured from the highest natural grade below each solar panel. This height requirement can be waived by the Planning Board if the panels are being raised to accommodate agricultural purposes.

Fencing requirements. All mechanical equipment, including any structure for storage batteries, shall be enclosed by a fence, and meet any other regulatory requirements such as NEC, with a self-locking gate to prevent unauthorized access. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing.

Screening and visibility.

All Tier 3 or 4 solar energy systems, if located within 1,000 feet of a public or private airfield/airport must, at the time of special use permit submission, include results of the federal Solar Glare Hazard Analysis Tool (SGHAT) for the Airport Traffic Control Tower (if any) and for the final approach aircraft flight paths, consistent with the current policy of the FAA for review of solar energy projects, and any similar regulatory mandates which include private airfields near the solar energy system's area.

A Tier 3 or 4 solar energy system shall adhere to all applicable federal, state, county and Town of Concord laws and regulations, and all building, plumbing, electrical, and fire codes. The applicant is also required to obtain all necessary formal regulatory approvals and/or permits from any federal, state, county, or local agency having jurisdiction and approval requirements related to the completion of a Tier 3 or 4 solar energy system.

Artificial lighting of Tier 3 or 4 solar energy systems shall be limited to lighting required for safety and operational purposes and shall be shielded (down cast and dark sky compliant) from all neighboring properties and public roads.

Any signage used to advertise the solar energy facility shall be in accordance with the Town's signage regulations.

After completion of construction of a Tier 3 or 4 solar energy system, the applicant shall provide a postconstruction certification from a professional engineer (PE), registered in New York State, that the project complies with applicable codes and industry practices, and that it has been constructed and is operating according to the design plans.

Clearing, grading, stormwater and erosion control:

Any Tier 3 solar energy system located in areas that consist of prime farmland soils or farmland soils of statewide importance shall not exceed 50% of the area of prime farmland or farmland of statewide importance on the parcel upon which panels and other solar energy equipment (the fenced in area) are to be installed. Any program in which the applicant participates that provides for the use of the land within the fenced in area as farm-related uses may be excluded from this 50% coverage threshold calculation based on the amount of space actually occupied by the farm use. This exclusion will only be allowed based on a Planning Board's determination that these lands are being used for actual agricultural uses.

Tier 3 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 (See NYS Agriculture and Markets Guidelines).

Tier 3 solar 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 owners shall use native plant species and seed mixes. Once established, other agriculture uses such as pasturing livestock and apiculture are permissible and encouraged. Input from the local farmers and Town Agricultural Committee will be needed to make these determinations.

Agricultural restoration requirements. Once the system is decommissioned, the site shall be restored and remediated in accordance with the New York State Department of Agriculture and Markets (NYSDAM) Guidelines (this will be a condition of the special use permit).

The holder of a special use permit for a solar energy system shall agree to secure and maintain for the duration of the permit, public liability insurance as follows:

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

Insurance policy cancellation. The insurance policies shall contain an endorsement obligating the insurance company to furnish the Town of Concord with at least 30 days' prior written notice in advance of cancellation.

Insurance policy renewal. Renewal or replacement policies shall be delivered to the Town of Concord at least 15 days before the expiration of the insurance that such policies are to renew or replace.

Copies of insurance policy. No more than 15 days after the grant of the permit before construction is initiated, the permit holder shall deliver to the Town of Concord a copy of each of the policies or certificates representing the insurance in the required amounts.

Certificate of insurance. A certificate of insurance states that it is for informational purposes only and does not confer sufficient rights upon the Town of Concord shall not be deemed to comply with this article.

Indemnification. Any application for a solar energy system within the Town of Concord shall contain an indemnification provision. The provision shall require the applicant/owner/operator to at all times defend, indemnify, protect, save, hold harmless and exempt the Town of Concord and its officers, councils, employees, attorneys, agents and consultants from any and all penalties, damages, costs or charges arising out of any and all claims, suits, demands, causes of action or award of damages whether compensatory or punitive, or expenses arising therefrom either at law or in equity which might arise out of or are caused by the placement, construction, erection, modification, location, equipment's performance, use, operation, maintenance, repair, installation, replacement, removal or restoration of said solar energy system, excepting however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the Town of Concord or its employees or agents. With respect to the penalties, damages, or changes referenced herein, reasonable attorneys' fees, consultant' fees and expert witness fees are included in those costs that are recoverable by the Town of Concord.

Submittal of an agricultural impact statement (in addition to any other requirements such as agricultural data statements and notice of intents) to determine the impact to agriculture in the Town. The Planning Board, on a project-by-project basis, will work with the applicant on finalizing the requirements of this agricultural impact statement. It will not only include the direct impacts on the subject properties and surrounding agricultural properties, but also include analysis of the loss of leased lands and the impact on other leased lands.

Submittal of an economic impact analysis to determine the impact to the economy of the Town. This includes the agricultural impacts in the agricultural impact statement and information as noted by the Town Planning Board (Town to provide scoping of this study).

Any Tier 4 solar energy system located on lands that consist of prime farmland soils or farmland soils of statewide importance shall not exceed 50% of the area of prime farmland or farmland of statewide importance on the parcel or project site as a whole (if multiple parcels are included) upon which panels and other solar energy equipment (the fenced in area) are to be installed. Any program in which the applicant participates that provides for the use of the land within the fenced in area as farm-related uses may be excluded from this 50% coverage threshold calculation based on the amount of space actually occupied by the farm use. This exclusion will only be allowed based on a Planning Board's determination that these lands are being used for actual agricultural uses.

For Tier 4 systems, if the project proposes to impact more than 50% of these prime or statewide important soils, the applicant may purchase or lease (for the lease period of the proposed project) development rights, of an equal amount of land over the 50% threshold, of another active farm within the Town of Concord with prime or statewide important soils located on that land to offset the farmland used or leased in the primary project area.

For Tier 4 systems, the setback and other bulk requirements for Tier 3 projects must be met.