Hamburg Town City Zoning Code
ARTICLE LIV
Solar Energy Systems
[Added 8-3-2020 by L.L. No. 2-2020]
§ 280-372 Authority.
This solar energy article is adopted pursuant to the Town Law for the State of New York, which authorizes the Town to adopt zoning provisions that advance and protect the health, safety and welfare of the community, and, in accordance with the Town Law of New York State, "to make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor."
§ 280-373 Statement of purpose.
This solar energy article is adopted to advance and protect the public health, safety, and welfare of the Town of Hamburg by creating regulations for the installation and use of solar energy generating systems and equipment, with the following objectives and intent:
To take advantage of a safe, abundant, renewable and nonpolluting energy resource;
To decrease the cost of electricity to the owners of residential and commercial properties, including single-family houses;
To invest in a locally generated source of energy to increase employment and business development in the Town of Hamburg to the extent reasonably practical by furthering the installation of solar energy systems;
To provide other benefits to the Town and its residents to mitigate impacts from the solar project;
To mitigate the impacts of solar energy systems on environmental resources, such as important agricultural lands, forests, wildlife and other protected resources. The use of small-scale, on-farm sources alternative to energy generation is beneficial to local farmers allowing them the ability to cut utility costs and/or supplement their income;
To protect adjoining/surrounding property owners by mitigating the potential impacts from large-scale solar installations;
To aid in the energy independence of the community as well as the country;
To create zoning regulations in accordance with the Town's Comprehensive Plan.
§ 280-374 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A combination of solar panels and solar energy equipment integrated into any building envelope system, such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produce electricity for on-site consumption.
A solar energy system that is affixed to the side(s) of a building or other structure either directly or by means of support structures or other mounting devices, but not including those mounted to the roof or top surface of a building. Said system is designed and intended to generate electricity solely for use on said lot, potentially for multiple tenants, through a distribution system that is not available to the general public.
Solar installations owned collectively through subdivision homeowner associations or similar groups and which provides energy only for the on-site use of a subdivision or multifamily building. Collective solar installations shall be regulated depending upon generation capacity as either large-scale, or small-scale systems, as defined herein, and the on-site consumption for such a system shall include the parcel where the system is located and the consumption of the collective's member-owners' parcels.
Any residence/house/apartment that may be occupied or vacant.
Land, designated as "farmland of statewide importance" in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey that is of state-wide importance for the production of food, feed, fiber, forage, and oilseed crops as determined by the appropriate state agency or agencies. Farmland of state-wide importance may include tracts of land that have been designated for agriculture by state law.
The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.
A solar energy system that is anchored to the ground via a pole or other mounting system, detached from any other structure that generates electricity for on-site or off-site consumption.
A contract between a developer and a local governing body whereby the developer agrees to provide the community with certain benefits and mitigate specified impacts of the solar project.
Native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation.
A property that is not affiliated with a solar energy system project in any way.
A tract of land owned by an individual or entity leased or otherwise controlled by an applicant upon which a solar energy system is proposed to be constructed.
A property that is being leased for solar usage, or a property that has an agreement or lease but is not having solar-related improvements constructed upon it.
Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.
Land designated as "prime farmland" or "prime farmland where drained" in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is also available for these land uses.
A solar energy system located on the roof of any legally permitted building or structure that produces electricity for on-site or off-site consumption.
Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties.
Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.
The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. A solar energy system in the Town of Hamburg is classified as a Tier 1, Tier 2, or Tier 3 solar energy system as follows:
Tier 2 solar energy systems include ground-mounted solar energy systems up to 2,000 square feet in size (defined as the actual square footage of panels) and that generate no more than 110% of the electricity consumed on the site over the previous 12 months.
Tier 3 solar energy systems are systems that do not meet the definition of a Tier 1 or Tier 2 solar energy systems.
A photovoltaic device capable of collecting and converting solar energy into electricity.
A device that stores energy and makes it available in an electrical form.
Any areas designated as such by the New York State Department of Environmental Conservation or the U.S. Army Corps of Engineers.
§ 280-375 Applicability.
The requirements of this article shall apply to all solar energy systems permitted, installed, or modified in the Town after the effective date of this article, excluding general maintenance and repair.
Solar energy systems constructed or installed prior to the effective date of this article shall not be required to meet the requirements of this article.
Modifications to an existing solar energy system that increase the solar energy system area by more than 5% of the original area of the solar energy system (exclusive of moving any fencing) shall be subject to this article.
All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the New York State Uniform Fire Prevention and Building Code (Building Code), the New York State Energy Conservation Code (Energy Code), and the Town Code.
§ 280-376 Permit requirements; inconsistent provisions.
A building permit shall be required for installation of all solar energy systems.
This article shall take precedence over any inconsistent provision of the Zoning Law of the Town of Hamburg.
§ 280-377 Permitting requirements for Tier 1 solar energy systems.
All Tier 1 solar energy systems shall be permitted in all zoning districts and shall be exempt from site plan review under the local zoning code or other land use regulation, subject to the following conditions for each type of solar energy system:
Roof-mounted and building-mounted solar energy systems.
Roof-mounted and building-mounted solar energy systems are permitted as an accessory use in all zoning districts when attached to a lawfully permitted principal structure and/or accessory structure, subject to the following requirements:
Height. Solar energy systems shall not exceed maximum height restrictions within any zoning district and are provided the same height exemptions granted to building-mounted mechanical devices and equipment.
Setback. Roof-mounted and building-mounted solar energy systems are subject to the setback requirements of the underlying zoning district and may not be installed on structures which are nonconforming to setback requirements.
Aesthetics and safety design. Solar energy equipment shall incorporate the following design requirements:
Roof-mounted panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of eight inches between the roof and highest edge of the system.
Access and pathways. Ground access, roof access, pathways, and spacing requirements for solar photovoltaic systems shall be provided in accordance with the Building Code.
Size of solar photovoltaic array. Each photovoltaic array shall not extend out beyond the roofline.
Where required by the Building Code to allow for smoke ventilation operations, panels and modules shall not be located less than 18 inches from a roof ridge or peak.
Single ridge roofs and hip roofs. Panels, modules, or arrays installed on single ridge roofs and hip roofs shall be located and shall provide access and pathways in a manner consistent with the Building Code.
Ice guards or restraints. Any roof upon which a solar energy system is mounted or integrated must incorporate snow and ice guards or restraints sufficient to mitigate the risk of injury from falling snow or ice to persons or vehicles moving around or under the roof.
Glare. All solar panels shall have antireflective 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.
Notification to the fire service. Notification in writing to the fire company having operational authority at the location where the system will be installed shall be made no later than 10 days following installation:
Notification shall include a site map showing the location of the solar energy electrical panel, as well as the proper operation of the disconnect switch(s) in the event of a fire or other emergency situation where the homeowner, tenant or other personnel is not available or familiar with the safe shutdown operation of the unit so as to have the ability to cut power from the solar panels.
In addition, a written statement showing the method of shutdown shall be posted inside the main electrical panel of the unit that can be readily accessible for and to firefighting personnel.
Building-integrated solar energy systems. Building-integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the system. They shall be shown to meet the applicable requirements for Tier 1 solar energy systems.
§ 280-378 Permitting requirements for Tier 2 solar energy systems.
All Tier 2 solar energy systems shall be permitted in all zoning districts except R-1, R-2, R-3, R-4, and NC as an accessory use and require site plan review in accordance with the Town of Hamburg Zoning Code and other Town land use regulations. Tier 2 solar energy systems shall only be permitted in the R-A Zoning District where the size of the lot is in excess of two acres and Town Planning Board approval has been granted in regard to placement. The site plan application shall include a site plan (See site plan requirements of the Town of Hamburg.) and application fee as set by the Town Board, and address the following requirements:
Glare. All solar panels shall have antireflective coating(s), and proof of such must be provided with the site plan application and the building permit application.
Setbacks. Tier 2 solar energy systems shall be set back a minimum of 30 feet from any side or rear property line. All ground-mounted solar energy systems shall only be installed in the side or rear yards. (Preference is in the rear yards, and it must be shown that installation in the rear yard cannot be accomplished.) In all cases, the solar panels shall be located a minimum of 60 feet from any dwelling unit on an adjoining nonparticipating property.
Height. Tier 2 solar energy systems shall be less than 12 feet in residential districts. Height shall be less than 15 feet for all remaining districts.
Screening and visibility.
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.
Any Tier 2 solar energy system to be used strictly for agricultural purposes in accordance with New York State Agriculture and Markets Law may have some of the requirements of this article waived by the Planning Board.
All solar energy systems shall adhere to all applicable federal, state, county and Town of Hamburg laws, regulations and building, plumbing, electrical, and fire codes.
Any solar energy system shall be accessible for all emergency service vehicles and personnel.
All structures and devices used to support solar collectors shall be nonreflective and/or painted a subtle or earthtone color.
The design, construction, operation, and maintenance of any solar energy system shall prevent the misdirection and/or reflection of solar rays onto neighboring properties, public roads, and public parks in excess of that which already exists.
§ 280-379 Permitting requirements for Tier 3 solar energy systems.
All Tier 3 solar energy systems are permitted through the issuance of a special use permit within Residential-Agricultural Zoning District, Commercial Zones, Industrial Zones, and subject to site plan application requirements set forth in this section. In order to ensure that the benefits of the community solar energy resource are available to the entire community, the Town of Hamburg may require the applicant to enter into a host community agreement with the Town of Hamburg.
Applications (process) for the installation of Tier 3 solar energy system shall be:
Received by the Planning Department and checked to make sure the appropriate documents have been submitted. The Planning Department will then forwarded to the Planning Board, by having it placed on the next available agenda, for it to determine completeness of the application materials. Applicants shall be advised within 10 business days of the first Planning Board meeting of the completeness of their application materials or any deficiencies that must be addressed prior to substantive review of the special use permit and site plan.
Once the application package materials are deemed complete and while the Planning Board is completing its reviews, the project/application shall be referred to the Town Board to decide on the completion of a host community agreement. This agreement, if necessary, will need to be finalized before the Planning Board acts on the special use permit.
Subject to a public hearing to hear all comments for and against the application. The Town shall complete all public notice requirements in accordance with the special use and site plan requirements of the Town.
Referred to the Erie County Planning Department pursuant to General Municipal Law § 239 if required.
Acted upon by the Planning Board once the required steps are completed and the Planning Board has completed the SEQR process.
Design and application requirements. Applications for Tier 3 solar projects shall address and include the following:
Vehicular paths. Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction.
Signage.
No signage or graphic content shall be displayed on the solar energy systems except the manufacturer's name, equipment specification information, safety information, and twenty-four-hour emergency contact information. Said information shall be depicted within an area no more than eight square feet.
As required by the National Electric Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light-reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
Glare. All solar panels shall have antireflective coating(s) and proof of such submitted.
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.
Decommissioning.
Solar energy systems that have been abandoned and/or not producing electricity (defined as operated at a minimum of 50% capacity for a period of at least six months) for a period of one year shall be removed at the owner and/or operator's expense, which at the owner's option may come from any security made with the Town as set forth in this article.
A decommissioning plan (See Appendix 1.[1]) signed by the owner and/or operator of the solar energy system shall be submitted by the applicant, addressing the following:
The cost of removing the solar energy system (no allowance for recycle value).
The time required to decommission and remove the solar system and any ancillary structures.
The time required to repair any damage caused to the property by the installation and removal of the solar energy system.
[1]
Editor's Note: Appendix 1 is on file in the Town offices.
Security.
The deposit, executions, or filing with the Town Clerk of cash, bond, or other form of security reasonably acceptable to the Town Attorney and/or Engineer and approved by the Town Board, shall be in an amount sufficient to ensure the good-faith performance of the terms and conditions of the permit issued pursuant hereto and to provide for the removal and restorations of the site subsequent to removal. The amount of the bond or security shall be 125% of the cost of removal of the Tier 3 solar energy system and restoration of the property with an escalator of 2% annually for the life of the solar energy system. The decommissioning amount shall not be reduced by the amount of the estimated salvage value of the solar energy system.
In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the cash deposit, bond, or security shall be forfeited to the Town, which shall be entitled to maintain an action thereon. The cash deposit, bond, or security shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed.
In the event of default or abandonment of the solar energy system, the system shall be decommissioned as set forth in this article.
Application fees. All applications for Tier 3 solar energy systems shall include the appropriate fees as set by the Hamburg Town Board.
Maintenance plan. Applications shall include a maintenance plan for all leased lands (including required setbacks/buffers).
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 Hamburg) on the subject property and surrounding properties.
A property owner who has installed or intends to install a Tier 3 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 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. In the event that solar easements are negotiated by an applicant or property owner for a utility-scale solar energy system, a copy or documentation of any solar skyspace easements shall be provided, properly recorded as such, negotiated with neighboring property owners that shall, at a minimum, include:
The restrictions placed upon buildings, structures, vegetation and other objects or uses that would potentially obstruct the solar skyspace of the solar energy system; and
A description of the dimensions of the easement expressed in measurable terms, such as the maximum height of buildings and structures, vertical or horizontal angles measured in degrees, or the hours of the day on specified dates during which direct sunlight to a specified surface of a solar collector may not be obstructed, or a combination of these descriptions; and
The amount, if any, of permissible obstruction of the solar skyspace through the easement, expressed in measurable terms, such as a specific percentage of the solar skyspace that may be obstructed or hours during the day; and
Provision for trimming vegetation that would impermissibly obstruct solar skyspace, including any compensation for trimming expenses; and
Provisions for compensation of the owner/operator benefitting from the easement in the event of impermissible obstruction of the solar skyspace that would be in violation of the easement; and
The terms or conditions, if any, under which the easement may be revised or terminated.
Site plan application. For any solar energy system requiring a special use permit, site plan approval shall be required. This required site plan application shall include a site plan and the following information:
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.
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.
Property operation and maintenance plan. Such plan shall describe continuing photovoltaic 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.
Engineering documents must be signed and sealed by a New York State (NYS) licensed professional Engineer or New York State registered architect.
A completed SEQR full environmental assessment form.
A landscape plan in accordance with the special use permit requirements of this chapter.
Any such additional information as may be required by the Town's professional engineer or consultant, Town of Hamburg Planning Board, Town Planning Board Attorney, Building Inspector or other Town official.
§ 280-380 Special use permit standards.
Specific standards (in addition to those required in the general provisions of Article XLVI).
Lot size. There are no lot size requirements; the project must be shown to meet all setback and other requirements of this chapter.
Setbacks. All Tier 3 solar energy systems shall be set back a minimum of 50 feet from the fence surrounding the solar panels and equipment to all property lines and to the edge of any road right-of-way. 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.
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 the NEC, with a self-locking gate to prevent unauthorized access.
Screening and visibility.
Solar energy systems smaller than five acres shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earthen berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area.
Solar energy systems larger than five acres shall be required to:
Conduct a visual assessment of the visual impacts of the solar energy system on public roadways and adjacent properties. At a minimum, a line-of-sight profile analysis shall be provided. Depending upon the scope and potential significance of the visual impacts, additional impact analyses, including for example a digital viewshed report, may be required to be submitted by the applicant.
Submit a screening and landscaping plan to show adequate measures to screen through landscaping, grading, or other means so that views of solar panels and solar energy equipment shall be minimized as reasonably practical from public roadways and adjacent properties to the extent feasible. The Planning Board will in good faith determine the adequacy of these measures in its sole and absolute discretion.
The screening and landscaping plan shall specify the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system. The landscaped screening shall be comprised of a minimum of one evergreen tree, at least six feet high at time of planting, plus two supplemental shrubs at the reasonable discretion of the Town Planning Board, all planted within each 10 linear feet of the solar energy system. (Existing vegetation may be used to satisfy all or a portion of the required landscaped screening.) A list of suitable evergreen tree and shrub species can be provided by the Town. This minimum screening requirement will be reduced if adjoining properties are participating properties.
For any buildings or structures (not panels) to be placed on the site, the applicant shall be required to submit plans illustrating how these structures will blend into the character of the area. For example, buildings can be made to look like agricultural structures, such as barns.
Agricultural resources. For projects located on agricultural lands:
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 New York State 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 (if in place) 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 Agriculture and Markets Guidelines. (This will be a condition of the special use permit.)
Noise. The project shall be shown to not have any adverse noise impacts on any surrounding homes or other sensitive receptors (use of NYSDEC regulations concerning noise).
Hazardous materials. The project components shall not contain any hazardous materials that could contaminate soils or the air by their release. (Units shall not contain cadmium.)
Solar energy system liability insurance.
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:
Commercial general liability covering personal injuries, death and property damage: $5,000,000 per occurrence ($10,000,000 aggregate) which shall specifically include the Town of Hamburg and its officers, councils, employees, attorneys, agents and consultants as additional named insured.
Umbrella coverage: $10,000,000.
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 Hamburg 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 Hamburg 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 Hamburg 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 Hamburg and shall not be deemed to comply with this article.
Indemnification. Any application for a solar energy system within the Town of Hamburg 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 Hamburg 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 Hamburg or its employees or agents. With respect to the penalties, damages, or changes referenced herein, reasonable attorneys' fees, consultants' fees and expert witness fees are included in those costs that are recoverable by the Town of Hamburg.
Escrow account. The applicant/owner/operator shall pay to the Town of Hamburg a nonrefundable application fee. The Town shall require the applicant to enter into an escrow agreement to pay the engineering, planning, legal, inspection, environmental impact services (including the review required under SEQR), or other professional services to aid the Town in the review of any submitted solar energy application. These costs (and other expenses incurred by the Town of Hamburg) are reimbursable only from the escrow account, not the application fee. The amount of the escrow account will be determined by consulting with the appropriate professional organizations. Nothing in this section shall limit the ability of the Town to enter into host community agreement(s) with the applicant to compensate the Town for expenses and impacts on the community.
§ 280-381 Ownership changes.
If the owner or operator of the solar energy system changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan. A new owner or operator of the solar energy system shall notify the Zoning Enforcement Officer of such change in ownership or operator within 30 days of the ownership change.
§ 280-382 Safety.
Solar energy systems and solar energy equipment shall be certified under the applicable electrical and/or building codes as required.
Solar energy systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local fire department and, if the Tier 3 solar energy system is located in an ambulance district, the local ambulance corps.
If storage batteries are included as part of the solar energy system, they shall meet the requirements of any applicable local law, fire prevention and building code when in use and, when no longer used, shall be disposed of in accordance with the laws and regulations of the Town and any applicable federal, state, or county laws or regulations.
§ 280-383 Permit time frame and abandonment.
The special use permit and site plan approval for a solar energy system shall be valid for a period of 18 months, provided that construction has commenced. In the event construction is not completed in accordance with the final site plan as may have been amended and approved, as required by the Planning Board, within 18 months after approval, the applicant or the Town may extend the time to complete construction for 180 days. If the owner and/or operator fails to perform substantial construction after 24 months, the approvals shall expire.
Upon cessation of electricity generation of a solar energy system on a continuous basis for 12 months (as defined in § 280-373), the Town may notify and instruct the owner and/operator of the solar energy system to implement the decommissioning plan. The decommissioning plan must be completed within 360 days of notification.
If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town may, at its discretion, utilize the bond and/or security for the removal of the solar energy system and restoration of the site in accordance with the decommissioning plan.
§ 280-384 Enforcement.
Any violation of this solar energy article shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land use regulations of the Town.
§ 280-385 Severability.
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, and sentence.