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 homes;

To increase employment and business development in the Town, to the extent reasonably practical, by furthering the installation of solar energy systems;

To mitigate the impacts of solar energy systems on environmental resources such as forests, wildlife and other protected resources;

To create synergy between solar and other stated goals of the Town;

To decrease the use of fossil fuels, thereby reducing the carbon footprint in the Town;

To invest in a locally-generated source of energy and to increase local economic value, rather than importing nonlocal fossil fuels;

To align the laws and regulations of the Town with several policies of the State of New York, particularly those that encourage distributed energy systems;

To become more competitive for state and federal grants and tax benefits;

To make the Town more resilient during storm events; and

To aid in the energy independence of the Town as well as the country; and to diversify energy resources to decrease dependence on the energy grid.

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 Fire Department and Ambulance Corps.

If storage batteries are included as part of the solar energy system, they shall meet all applicable 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.

Solar panels on pitched roofs shall be mounted with a maximum distance of eight inches between the roof surface and the highest edge of the system.

Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.

Solar panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.

Solar panels on flat roofs shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher.

Solar panels shall have anti-reflective coating(s).

All roof-mounted solar energy systems shall be subject to the maximum height regulations specified for principal and accessory buildings within the underlying zoning district.

Tier 2 solar energy systems shall be screened to the maximum extent reasonably possible from public roadways and adjacent properties through the use of architectural features, earth berms, landscaping, fencing or other screening methods which harmonize with the character of the subject property and the surrounding area. The screening shall not, however, interfere with the normal operation of the solar collectors. A landscaping and screening plan shall be submitted which specifies 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. A covenant regarding the maintenance of any required screening shall be provided by the applicant.

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

Tree removal shall be subject to Chapter 203, Tree Preservation, of this Code.

The clearing of vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the Tier 2 solar energy system. Solar energy systems shall not be sited within any required buffer or wetland area.

Fencing. All mechanical equipment, including any structure for battery energy storage system components, shall be enclosed by a seven-foot-high, wildlife-friendly fence with a self-locking gate to prevent unauthorized access.

For non-residential districts, Tier 2 installations shall comply with the maximum site coverage requirements in the underlying zoning district.

For residential districts, the area beneath ground-mounted solar collectors and solar energy equipment shall be included in calculating maximum permitted building coverage for the applicable zoning district notwithstanding that the collectors are not "buildings." These calculations shall, however, exclude pervious open space between arrays or rows of solar panels.

100-year floodplain;

Land within a federal-, state- or local-regulated wetland or wetland adjacent buffer area;

Land containing significant or rare natural ecological communities as designated by the New York State Department of Environmental Conservation; and

Mature forested land, which is defined as a forested area where the canopy layer is comprised of at least 50% of trees having an average diameter at breast height of 12 inches or greater.

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 overcurrent devices.

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

The name, address and contact information of the proposed or potential system installer and the owner and/or operator of the solar energy system. Final information regarding the system installer shall be submitted prior to the issuance of a building permit.

A property operation and maintenance plan which describes the continuing photovoltaic maintenance and property upkeep, such as mowing and trimming of vegetation.

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

Tier 3 solar energy systems, that are not solar canopies, shall be screened to the maximum extent reasonably possible from public roadways and adjacent properties through the use of architectural features, earth berms, landscaping, fencing or other screening methods which harmonize with the character of the subject property and the surrounding area. The screening shall not, however, interfere with the normal operation of the solar collectors. A covenant regarding the maintenance of any required screening shall be provided by the applicant.

Tier 3 solar energy systems require the following:

No signage or graphic content shall be displayed on the solar energy systems except for 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 the National Electrical Code, 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.

A cash deposit, bond or other form of security in an amount and form acceptable to the Town Attorney and Town Engineer shall be submitted to the Town, and shall be in an amount sufficient to ensure the good-faith performance of the terms and conditions of the permit issued pursuant hereto, and shall also provide for the removal of the solar energy system and restoration of the lot subsequent to removal. The amount of the cash deposit, bond or other security shall be 125% of the cost of removal of the 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 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 other security shall be forfeited to the Town, which shall be entitled to maintain an action thereon. The cash deposit, bond or other 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 Subsections N, O, and P herein.

Upon cessation of electricity generation of a solar energy system on a continuous basis for 12 months, the Town may notify and instruct the owner and/or 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 abandonment of the solar energy system, the Town may, at its discretion, utilize the cash deposit, bond or other security for the removal of the solar energy system and restoration of the site in accordance with the decommissioning plan.

Solar energy systems that have been abandoned and/or not producing electricity 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 Subsection N above.

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

The decommissioning plan shall state that the site shall be restored to as natural a condition as possible within six months of the removal of all equipment, structures and foundations. Such restoration shall include, where appropriate, restoration of the surface grade and soil after removal of all equipment and revegetation of restored soil areas with native seed mixes.