The location of said solar energy system shall be placed in accordance with setback requirements for an accessory structure of the use district in which it is located;

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

The total surface area of said solar energy system on a lot shall not exceed the allowed accessory structures or combinations of accessory structures where permitted in the district; and

Site plans for small ground-mounted systems shall include a professionally prepared survey indicating the location of the proposed system and setbacks from property lines and buildings.

A completed State Environmental Quality Review Act (SEQRA) form.

Name, address, and telephone number of the property owner. If the property owner is not the applicant, the application shall include the name, address, and telephone number of the applicant and a letter or other written permission signed by the property owner authorizing the applicant to represent the property owner.

Documentation of access to the project site(s), including location of all access roads, gates, parking areas, etc. Vehicular access/paths/roads within the site must be designed to minimize the extent of impervious materials and compaction and meet requirements to provide emergency vehicle access.

Stormwater management and erosion and sediment control plans.

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

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

A property owner who has installed or intends to install a large-scale 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 large-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:

No signage or graphic content shall be displayed on the solar energy system except the manufacturer's name, equipment specification information, safety information, and 24-hour emergency contact information. Said information shall be depicted within an area no more than eight square feet.

As required by National Electrical 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.

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

A landscape plan signed by a professional landscape architect; and

Property lot lines and the location and dimensions of all existing structures and uses on site within 500 feet of the solar panels, and the zoning of the site and surrounding properties; and

Proposed fencing and/or screening for said project; and

Information on the equipment to be installed, including the requirement that the system components not contain any hazardous substances.

From any zoning district boundary: a minimum of 500 feet from all nonparticipating property lot lines bordering any residential use district.

From any property lot lines: a minimum of 500 feet from any nonparticipating property lot line, and 10 feet from any participating property line.

From buildings or structures on a participating property: a minimum of 100 feet from any building, structure or dwelling.

From public roads: a minimum of 750 feet from any public road (measured from the road right-of-way line).

From schools and public parks: a minimum of 1,000 feet from all property lot lines bordering a school or public park.

Solar energy systems that have been abandoned and/or are not producing electricity (defined as operating below 50% capacity of the system for a period of at least six months over a 12-month period) shall be removed at the owner's 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 section. A yearly operational report will be required to be submitted to the Town documenting the system's performance.

A decommissioning plan signed by the owner and/or operator of the solar energy system shall be submitted by the applicant, addressing the following:

Security.

Before the Town of Hartland shall issue a clearing, grading, stormwater or building permit for a large-scale solar energy system, the applicant shall submit a stormwater and erosion control plan to the Engineering Department for its review and approval; and

The stormwater plan must identify any existing ditches and drainageways on the subject property and provide any drainage easements required by the Town of Hartland (these easements are typically 100 feet in width, centered on the ditch or drainageway); and

The plan shall minimize the potential adverse impacts on wetlands and Class I and II streams and the banks and vegetation along those streams and wetlands and minimize erosion or sedimentation.

Solar energy systems with a coverage area of less than five acres shall have views minimized from adjacent nonparticipating 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 with a coverage area larger than five acres shall be required to:

For all large-scale solar energy systems, the recommendations of a landscape professional are required. The Planning Board can require that large-scale systems involving complex or sensitive visual and/or aesthetic concerns be approved by a New-York-State-registered landscape architect. All large-scale solar energy systems landscape plans must be designed/approved by a New-York-State-registered landscape architect.

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, any buildings can be made to look like agricultural structures such as barns.

Any large-scale solar energy system shall not be permitted if the coverage area contains 50% or more land classified as prime farmland or farmland of statewide importance. Prime farmland is determined and classified by the US. Department of Agriculture (USDA), and the percentage of prime farmland and farmland of statewide importance is calculated using USDA maps and online data tools, including any amendments made to those maps and data. It is the responsibility of the developer and/or landowner to provide written evaluation, data, and mapping to the Planning Board that the coverage area does not meet this 50% threshold. The evaluation must contain data and maps that are supported, approved and/or published by the USDA, NYS Agriculture and Markets and/or Niagara County Soil and Water Conservation District (NRCS). The Planning Board may require that this evaluation be reviewed by the Town Engineer, consultant, or local agricultural services agent, where the cost of this review will be the responsibility of the developer or landowner.

Large-scale solar energy systems located on 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.)

Large-scale 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 uses native plant species and seed mixes. Once established, other agriculture uses such as pasturing livestock and apiculture are permissible and encouraged.

Agricultural restoration requirements. Once the system is decommissioned, the site shall be restored and remediated in accordance with the NYS Agriculture and Markets Guidelines. (This will be a condition of the special use permit.)

The rated capacity of the system;

The amount of electricity generated by the system in the most recent 12-month period;

The amount of electricity transmitted to the power grid in the most recent 12-month period;

Identification of any change of ownership of the large-scale solar energy system or the owner of the land upon which it is sited;

Identification of any change in the party responsible for decommissioning and removal of the system upon its abandonment;

Evidence that the surety required for decommissioning remains in effect and is irrevocable for at least the next two years; and

A report on any damage or fires that have occurred and testing of groundwater and wells (if any fire or damage has occurred) and the findings of that testing provided to the Town.

Large-scale solar energy systems. An applicant shall pay an initial application fee of $2,500, or such other amount as the Town Board may, from time to time, determine by resolution, upon filing its special use permit and site plan application to cover the cost of processing and reviewing the application (including legal and consulting costs). If approved, the owner shall pay an annual fee of $1,000, or such other amount as the Town Board may, from time to time, determine by resolution, to cover the cost of processing and reviewing the annual inspection report and for administration, inspections, and enforcement.

Said fees are in addition to fees for building permits. Fees are as follows:

In the event that any damage is done to any Town road as a result of the development of the applicant's large-scale solar energy system, said applicant and/or general contractor shall be responsible to perform repairs to such road that are acceptable to the Town Highway Superintendent in his/her reasonable discretion.

Such repairs shall be completed within 60 days of when written notice of a demand to repair was personally served or sent via certified mail to the applicant or its general contractor. Should the applicant or its general contractor fail to effectuate such repairs within 60 days, or within a different timeline at the discretion of the Highway Superintendent, the Town shall be permitted to execute on the irrevocable financial security bond (or other form of surety) with written notice to the applicant or its general contractor.

The provisions of the road use agreement required hereby and the requisite financial security bond (or other form of surety) shall remain in full force and effect for no less than one year after all construction has been completed and the project has been certified as complete by a professional engineer.

No building permit may be issued for any approved large-scale solar energy system until such time as a road use agreement has been executed by all parties.

For large-scale solar energy systems, grant a special use permit, deny a special use permit, or grant a special use permit with written stated conditions. Upon issuance of a special use permit, the applicant shall obtain a building permit for the large-scale solar energy system.

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 Hartland and its officers, councils, employees, attorneys, agents, and consultants as additional named insureds.

Umbrella coverage: $10,000,000.

Name and address of the applicant;

Evidence that the applicant is the owner of the property involved or has the written permission of the owner to make such an application;

Specific information on the type, size, height, rotor material, rated power output, performance, safety, and noise characteristics of all NCWECS components;

Photographs or detailed drawings of each NCWECS component including the tower and foundation;

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

An acoustic report shall be furnished for the specific wind turbine technology which provides sound curve based on production levels for the overall dB(A) measurement of the wind turbine at different wind speeds based on field testing. This shall be done in accordance with the Small Wind Certification Council (SWCC) standards which have standardized North American reporting on turbine energy and sound performance;

A report from the turbine manufacturer stating the wind speed and conditions that the wind turbine is designed to withstand (including all assumptions);

A copy of written notification to the Federal Aviation Administration (FAA) and to Mercy Flight, and any correspondence from said entities;

If a proposed NCWECS is located within two miles of any microwave communications link, then the application shall include a copy of a written notification to the operator of the link; and

If a proposed NCWECS is located within a one-hundred-year floodplain area, then the application shall include any such flood hazard areas are shown on the floodplain maps with a detailed report which shall address the potential for wind erosion, water erosion, sedimentation, and flooding, and which shall propose mitigation measures for such impacts.

Location of the tower(s) on the lot and the tower height, including blades, wind turbine diameter, and ground clearance;

Dimensional representation of the various structural components of the tower construction including the base and footing;

Property lot lines and the location and dimensions of all existing structures and uses on the lot within 500 feet of the NCWECS;

Proposed plan for restoration of the site after construction according to New York State Department of Environmental Conservation and Town of Hartland guidelines and requirements;

Certification by a registered New York State professional engineer that the tower's design is sufficient to withstand wind loading requirements for structures as established by the New York State Uniform Construction Code; and

Wind characteristics and dominant wind direction from which 50% or more of the energy contained in the wind flows.

From any use district boundary, a minimum 750 feet.

From any property lot lines: A minimum 1 1/2 times the total height of the NCWECS from any property lot line.

From buildings or structures:

From public roads and railroads:

From schools, public parks: A minimum of 750 feet from all property lot lines bordering a school or public park.

From aboveground transmission lines: A minimum 1 1/2 times the total height of the NCWECS from any aboveground transmission line greater than 12 kilovolts.

No advertising sign or logo shall be placed or painted on any NCWECS; and

NCWECS special permit may allow the placement of the tower's manufacturer's logo on a system generator housing in an unobtrusive manner.

Wind turbines and towers shall be painted an unobtrusive (e.g., light environmental color such as white, gray, or beige) color that is nonreflective; and

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

Safety shutdown: Each NCWECS shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the wind turbine. Manual electrical and/or over-speed shutdown disconnect switches shall be provided and clearly labeled on the NCWECS. No wind turbine shall be permitted that lacks an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower structure, rotor blades, and wind turbine components;

All structures which may be charged with lightning shall be grounded according to applicable electrical code;

The blade tip of any wind turbine shall, at its lowest point, have ground clearance of not less than 30 feet;

Wind turbine towers shall not be climbable up to 15 feet above ground level;

All access doors to NCWECS structures and electrical equipment shall be lockable and shall remain locked at all times when operator personnel are not present;

Anchor points for any guy wires for a system tower shall be located with the property that the system is located on and not on or across any aboveground electric transmission or distribution lines. The point of attachment for the guy wires shall be enclosed by a fence six feet high or sheathed in bright orange or yellow covering to eight feet above the ground. The minimum setback for the guy wire anchors shall be 20 feet from the property boundary; and

Appropriate warning signage shall be placed on wind turbine towers and electrical equipment. Signage shall also include one twenty-four-hour emergency contact number to the owner of the wind turbine as well as signage warning of electrical shock or high voltage and harm from revolving machinery.

The audible noise standard due to wind turbine operations shall be in conformance with the Town's Noise Ordinance;[1] and

An NCWECS shall not be operated so that impulsive sound below 20 Hz adversely affects the habitability or use of any dwelling unit, hospital, school, library, nursing home, or other sensitive noise receptor.

Development and operation of an NCWECS shall not have a significant adverse impact on endangered or threatened fish, wildlife, or plant species or their critical habitats; and

Development and operation of an NCWECS shall not have an adverse impact on migratory bird species.

The applicant must submit information that the proposed construction of an NCWECS will not cause interference with microwave transmissions, cellular transmissions, residential television interference, or radio reception of domestic or foreign signals; and

The applicant shall include specific measures proposed to prevent interference, a complaint procedure, and specific measures proposed to mitigate interference impacts.

No NCWECS shall be installed or operated in a manner that causes interference with the operation of any aviation facility; and

All NCWECS sitings shall comply with FAA and Mercy Flight regulations.

If required by the Planning Board, before the Town of Hartland shall issue a grading or building permit for an NCWECS, the applicant shall submit an erosion control plan to the Engineering Department for its review and approval; and

The plan shall minimize the potential adverse impacts on wetlands and Class I and II streams and the banks and vegetation along those streams and wetlands and minimize erosion or sedimentation.

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

After completion of the NCWECS, the applicant shall provide a post-construction certification from a licensed professional engineer registered in the State of New York that the project complies with applicable codes and industry practices and has been completed according to the design plans;

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

The wind turbine over-speed control system shall be certified by an engineer registered in New York State; and

Certificate of completion must be supplied by the applicant and approved by the Town of Hartland Code Enforcement Officer, prior to the issuance of a certificate of occupancy.

The relative distress caused to a community and its residents;

The actual necessity for such facility given energy production in the area and region, including clean energy production;

Past and present stresses and disruption imposed upon an area due to all types of energy production;

Alternatives to facilities, including location in other areas, location in areas where demand is needed, alternative methods of producing clean energy;

Location in areas of highest consumption;

Burden on a community and its residents versus reward to community and its residents, with emphasis upon quality of life.

Name, address, telephone number of the applicant. If the applicant is represented by an agent, the application shall include the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the representation.

Name and address of the property owner. If the property owner is not the applicant, the application shall include proof of site control by recorded document establishing that applicant is authorized to utilize the property for the intended purpose.

Address, or other property identification, of each proposed WECS location, including Tax Map section, block and lot number, latitude and longitude coordinates.

A description of the project, including the number and maximum rated power output capacity of each WECS.

For each WECS proposed, a plot plan prepared by a licensed surveyor or engineer drawn in sufficient detail to clearly describe the following:

Elevation drawing of the WECS showing total height, turbine dimensions, tower and turbine colors, ladders, distance between ground and lowest point of any blade, location of climbing pegs, and access doors. One drawing may be submitted for each WECS of the same type and total height.

Landscaping plan: depicting vegetation and forest cover describing the area to be cleared of vegetation and forest cover and areas where vegetation and forest cover shall be added, identified by species and size of specimens at installation, and their locations.

Lighting plan: showing any FAA-required lighting and other proposed lighting. The application should include a copy of the determination by the Federal Aviation Administration 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.

Decommissioning plan: A decommissioning plan as specified in this section.

Complaint resolution plan: A complaint resolution plan to address complaints within 24 hours of receipt of notice thereof and to resolve any complaint in a diligent and timely manner under the circumstances.

Information relating to the construction/installation of the wind energy facility as follows:

Completed Part 1 of the full EAF.

For each proposed WECS, include make, model, picture, and manufacturer's specifications, including noise decibels data. Include manufacturers' material safety data sheet documentation for the type and quantity of all materials used in the operation of all equipment, including, but not limited to, all lubricants and coolants.

As part of the application, or as a supplement to the application, simultaneously submitted, the following: Each submittal shall contain a thorough analysis/explanation of the ability and means to comply with the "Standards for commercial/industrial WECS," Subsection H of this section.

The Niagara County Planning Board, if required by General Municipal Law § 239-1 and 239-m; and

To adjoining towns where the project site is located within 3,000 feet of the adjoining town boundary.

No commercial/industrial wind energy systems shall be allowed in any residential district (R-1, R-2, R-3, MH Districts), in the Business (B District) or in the Recreational Use District (REC District).

No commercial/industrial wind energy systems shall be allowed within the boundary areas of the Town of Hartland LWRP.

From restricted areas: a minimum of 1,500 feet from any residential district boundary line (R-1, R-2, R-3 and MH Districts).

From structures: a minimum two times the total WECS height from any building.

From property lines: A minimum two times the total WECS height from any property line excluding adjoining lot lines of the project participants. Such setbacks from property lines do not apply if the application is accompanied by a legally enforceable agreement recorded in the Niagara County Clerk's Office for a period of the life of the permit, that the affected adjacent landowner(s) agree to the elimination of the setback.

From public roads and highways: a minimum 1,500 feet or two times the total WECS height from any public road or highway, whichever is greater.

From aboveground transmission lines greater than 12 kilovolts: a minimum two times the total WECS height from any aboveground transmission line greater than 12 kilovolts.

From the boundary of the Village of Middleport: a minimum of 1/2 mile (2,640 feet).

From residences: a minimum of 2,000 feet.

From another commercial/industrial WECS turbine: a minimum of 2,000 feet.

Construction and delivery vehicles for WECS and/or associated facilities shall use traffic routes established as part of the application review process.

The applicant is responsible for remediation of damaged roads and infrastructure upon completion of the installation and/or maintenance of a WECS. The applicant shall comply in all requirements of any Town of Hartland Infrastructure, Preservation or Protection Law.

In addition to complying with any Town of Hartland Infrastructure Preservation or Protection Law, prior to placing the wind energy facility in operation, and for the life of the project, the applicant shall repair or reconstruct all state highways, county highways, Town highways and village streets and highways damaged by the applicant to the standards set forth by the Niagara County Highway Department regardless of the condition of such highways, roads and streets prior to the commencement of construction by the applicant.

The equivalent level (LEQ) generated by a wind energy conversion system (WECS) shall not exceed the limits listed in Table 1 when measured at the nearest off-site residence existing at the time of application, or for which a building permit has been issued. If the A-weighted background sound pressure level, without the WECS, is within five dB of some or all of the limits in Table 1 or exceeds some or all of the limits in Table 1, then the A-weighted criterion to be applied to the WECS application for those affected limits shall be the A-weighted background level plus five dB. Note: For example, during daytime, if the background is less than or equal to 40 dB, then the limit is 45 dB. However, if the background is greater than 40 dB, say 44 dB, then the applicable WECS limit is the background level plus five dB which calculates to 49 dB for this example.

In all cases, the corresponding C-weighted limit shall be the operable A-weighted limit (from Table 1 or based on the A-weighted background, as appropriate) plus 18 dB. The application shall include certification by a qualified acoustical consultant as to the predicted A- and C-weighted WECS sound levels at potentially impacted residential sites. The qualified acoustical consultant shall be a member of the Institute of Noise Control Engineering of the USA. The background shall be measured and predicted in accordance with Subsection H(27)(c) below.

A-weighted background community noise levels shall be based on measured hourly L90 levels gathered following the procedures specified in ANSI/ASA S12.9, Part 3 (R2013), Short Term Measurements with an Observer Present, and ANSI/ASA S12.100-2014, Methods to Define and Measure the Residual Sound in Protected Natural and Quiet Residential Areas. The day shall be divided into two time periods: 1) daytime, the hours from 7:00 a.m. to 8:00 p.m., and 2) nighttime, the hours from 8:00 p.m. to 7:00 a.m. If insect noise possibly can dominate some of the hourly L90 measurements then Ai weighting (see Schomer et al., 2010[2] shall be used in lieu of the Standard A-weighting, or measurements shall not be made when insect noise possibly can dominate some of the hourly L90 measurements. (NOTE: In relatively quiet areas insect noise, especially during summer months, can easily dominate the A-weighted ambient sound level. This domination occurs partly because the primary frequencies or tones of many, if not most, insect noises are in the range of frequencies where the A-weighting is a maximum, whereas, most mechanical and WECS noises primarily occur at the lower frequencies where the A-weighting significantly attenuates the sound. Also, insect noise and bird song do not mask WECS noise at all because of the large differences in frequencies or tones between them.) The background shall be reported by time period, and computed as follows. The minimum hourly L90 shall be tabulated by time period and by day, and the arithmetic average by time period over all the periods of measurement shall be computed. These three averages of daily minima shall be reported as that site's daytime, evening, and nighttime A-weighted background, respectively.

Parcels three acres or smaller: The A-weighted background measurements shall be made along the line from the nearest proposed WECS to the dwelling in question. If the parcel of land has no dwelling, then the line shall terminate within 25 feet of the center of the parcel. The actual position of the microphone shall be within the property in question and should be within 25 feet to either side of the line, no closer than 50 feet from the property boundary, and no closer than 25 from the house or any other structures. If positioning within this "measurement box" is not possible because of unique site conditions such as the position being underwater or the property being too small, then the unique conditions shall be fully documented and an alternate position selected and justified.

Parcels larger than three acres. The A-weighted background measurements shall be made along the line from the nearest proposed wind turbine to the property line of the residence, or vacant parcel. The actual position of the microphone shall be within the property in question, shall be at the property line closest to the any wind turbine, and shall be no more than 50 feet from the property boundary. If positioning within this "measurement box" is not possible because of unique site conditions such as the position being underwater or the property being too small, then the unique conditions shall be fully documented and an alternate position selected and justified. The microphone shall be no closer than 50 feet from the house or any other structures.

Measurement requirements. The microphone shall be situated between four and 4.5 feet above the ground. Measurements shall be conducted within the general provisions of ANSI/ASA S12.9 Part 3 and 12.100 (see above), and using a meter that meets at least the Type 2 requirements of ANSI S1.4 and S1.4A-1985 (R2006). The meter noise floor shall be 20 dBA or lower. The report shall include each hourly measured A-weighted L90 level, the tabulated daily minima by time period, and the three time period averages. The report also shall include a sketch of the site showing distances to the structure(s), to the property line, etc., and several photographs showing the structure(s), the property, and the acoustical instrumentation. All instrumentation shall be listed by manufacturer, model, and serial number. This instrumentation listing also shall include the A-weighted noise floor and the one-third-octave-band noise floors, if utilized, for each meter used.

Background prediction and measurement. Background measurements shall be conducted by the applicant throughout the area using sufficient sites to generally characterize the background in various areas of the community.

The starting point for predicting WECS A- and C-weighted levels at potentially impacted residential parcels shall be the manufacturer-supplied octave band sound power levels as measured by the manufacturer in accordance with International Standard for Acoustic Noise Measurement Techniques for Wind Generators (IEC 61400-11 and 61400-14 with all tolerances added to the Apparent Sound Power Level used in the model). At a minimum, the octave band data shall include the 10 octave bands with nominal center frequencies ranging from 16 Hz to 8,000 Hz (see ANSI S1.6-1984), and the sound power levels for these bands shall be tabulated in the report. Any data not available from the manufacturer shall be estimated from field measurements on like wind turbines already in use. Any such field measurements shall be described fully and documented in the report.

In the event audible noise due to wind energy facility operations contains a steady or pure tone, or an intermittent or reoccurring tone, such as a whine, screech, or hum, the tones shall be eliminated. (NOTE: Minimum distances or setbacks are a very inexact means to limit WECS noise. It is far more appropriate to deal with each application on its own merits, taking into account the ground surface in the area, the number and placement of the wind turbines, and the sound power produced by the particular model of the WECS.)

Any noise level falling between two whole decibels shall be rounded to the nearest whole decibel.

The maximum noise level for any WECS measured from the property boundary lines of any school shall not exceed 40 dBA.

The Town, using the services of the Town Engineer, may conduct or contract for any measurements. In addition to report filed by the applicant/operator, the applicant/operator shall cooperate with any Town testing of noise levels, including providing access to all sites for that purpose.

When a WECS has been constructed in the Town of Hartland, the applicant/owner/operator shall inventory all bird or bat kill and report the same to the Town on a monthly basis. The applicant/owner/operator shall also provide access to the site and surrounding area to the Town designated representative to inventory killed birds or bats on a daily basis, if requested.

If a tower or towers in a WECS are determined to cause numbers of bird or bat kill which are determined to cause excessive, after consultation with the Department of Environmental Conservation and other involved agencies, remedial action shall be required up to and including suspension or revocation of a permit or any part thereof.

All appraiser costs are paid by the applicant, from the escrow account. Applicant and the property owner shall each select a licensed appraiser. Each appraiser shall provide a detailed written explanation of the reduction, if any, in value to the real property ("diminution value"), caused by the proximity to the WECS. This shall be determined by calculating the difference between the current fair market value (FMV) of the real property and what the FMV would have been at the time of exercising this option, assuming no WECS was proposed or constructed.

Other agreement conditions.

The plan shall provide for the removal from the project parcels, and lawful disposal or disposition of, all wind turbines and other structures, hazardous materials, electrical facilities, and all foundations to a depth of not less than 60 inches below grade. The plan shall provide for the removal of all access roads that the owner of the project parcels wants removed. The plan shall provide for the restoration of the project parcels to farmland of similar condition to that which existed before construction of the WECS.

The plan shall provide for the decommissioning of the site upon the expiration or revocation of the WECS permit, or upon the nonfunctioning of the WECS.

The plan shall include:

The plan shall include provisions for financial security to secure completion of decommissioning (removal of nonfunctional towers and appurtenant facilities) and site restoration. The applicant, or successors, shall continuously maintain a fund in an amount to be determined by the Town Board for the period of the life of the facility. This fund shall be no less than 125% of the estimated cost of full decommissioning and restoration in the form of a cash deposit with the Town in the amount of 25% of such fund and the balance of such fund in the form of an irrevocable bond in form and content as approved by the Town Board. All decommissioning funding requirements shall be met prior to commencement of construction.

The plan shall include written nonrevocable authorization from the permit holder and the owners of all parcels within the project for the Town to access the parcels and implement the decommissioning and site restoration plan, in the event the permit holder fails to implement the plan. The written authorization shall be in a form approved by the Town and shall be binding on the heirs, assigns and distributees of the owner(s), and shall be recorded in the Office of the Niagara County Clerk.

Use of decommissioning fund.

Safety;

Developer compliance issues; and

Insufficient project documentation.

List of all items requiring regular maintenance.

Duration of accumulated time between scheduled maintenance.

Work to be completed during the maintenance operation.

Person responsible for the maintenance.

Process applicant uses to ensure maintenance is carried out appropriately.

Vibration levels.

Noise levels.

Rotational speeds.

Kilowatt hours of production.

They shall be reviewed by the Code Enforcement Officer and the Town engineering consultant for completeness. An application shall be complete when it addresses all matters listed in this section, including, but not necessarily limited to, i) compliance with all applicable provisions of the Uniform Code and all applicable provisions of the Energy Code and ii) matters relating to the proposed battery energy storage system and floodplains, utility lines and electrical circuitry, signage, lighting, vegetation and tree-cutting, noise, decommissioning, site plan and development, special use and development, ownership changes, safety, and permit time frame and abandonment. Any deficiencies in the application must be addressed prior to substantive review.

They shall be referred to the County Planning Board pursuant to General Municipal Law § 239-m, if required.

The Planning Board shall act on the application after the SEQR process is completed, which can include approval, approval with conditions, or denial.

Utility lines and electrical circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way.

Signage.

Lighting. Lighting of the battery energy storage system(s) shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties. In accordance with Town law, there shall be no light spillage onto adjoining properties.

Vegetation and tree-cutting. Areas within 10 feet on each side of Tier 2 battery energy storage systems shall be cleared of combustible vegetation and other combustible growth in accordance with all applicable codes. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted to be exempt, provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible.

Noise. The one-hour average noise generated from the battery energy storage system(s), components, and associated ancillary equipment shall not exceed a noise level of 45 dBA as measured at the outside wall of any nonparticipating residence or occupied community building. Applicants may submit equipment and component manufacturers' noise ratings to demonstrate compliance. The applicant may be required to provide operating sound pressure level measurements from a reasonable number of sampled locations at the perimeter of the battery energy storage system(s) to demonstrate compliance with this standard.

Decommissioning.

Site plan application. For a Tier 2B battery energy storage system, the site plan application shall include the following information:

Additional standards (Tier 2B projects).

UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power, and Light Electric Rail Applications) or most recent standard.

UL 1642 (Standard for Lithium Batteries) or most recent standard.

Other applicable standards for other battery types.

UL 1741 or UL 62109 (Inverters and Power Converters) or most recent standard.

Certified under the applicable electrical, building, and fire prevention codes as required.

Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 and applicable codes, regulations and safety standards may be used to meet system certification requirements.

The applicant shall deposit or file with the Town Clerk 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 BESS and restoration of the property with an escalator of 5% annually for the life of the BESS. The decommissioning amount shall not be reduced by the amount of the estimated salvage value of the BESS. This security amount shall be reviewed periodically and updated/renewed as necessary (determined at the time of the first security agreement). This "security" shall be in place prior to the start of construction.

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 BESS, the system shall be decommissioned as set forth in this section.

In the event the security is not adequate to complete the decommissioning and restoration of a parcel, the Town may pay any additional sums necessary to complete the decommissioning and restoration and such additional sums will become a lien on the parcel and the Town may include such amount in the annual tax levy as provided by law.

Any person owning, controlling, or managing any building, structure or land who shall install a battery energy storage system in violation of this section, or who operates such facility in noncompliance with the terms and conditions of any permit issued pursuant to this section, shall be guilty of a violation and subject to a fine of not more than $250 or to imprisonment for a period of not more than 15 days, or to both such fine and imprisonment. Every such person shall be deemed guilty of a separate offense for each week such violation shall continue.

The Code Enforcement Officer may, after notice of violation, enter into a consent order with the applicant/owner/operator to remedy the violation with specifications to be taken and an agreed-upon schedule.

Special proceeding. In addition to any other remedy, the Town Board may institute an action or proceeding in equity, correct or abate any unlawful construction, erection, structural alteration, reconstruction, modification and/or use of a battery energy storage system, and shall be entitled to injunctive relief, including a temporary restraining order and a temporary injunction as the court deems appropriate.

Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, the Zoning Code or any other general or local laws, ordinances, rules or regulations without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work;

Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or

Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked.

Be in writing;

Be dated and signed by the Code Enforcement Officer;

State the reason or reasons for issuance; and

If applicable, state the conditions which must be satisfied before work will be permitted to resume.