The Town Board of the Town of Lewiston recognizes that, as properly regulated, solar energy is a clean, readily available and renewable energy source beneficial to the Town of Lewiston, its residents and the general public, and the Town of Lewiston intends to accommodate the use of solar energy systems.

However, the Town Board finds a growing need to properly site all types of solar energy systems within the boundaries of the Town of Lewiston to protect residential and business areas and other land uses, to preserve the overall beauty, nature and character of the Town of Lewiston, to promote the effective and efficient use of solar energy resources, and to protect the health, safety and general welfare of the citizens of the Town of Lewiston.

Solar energy systems deplete land available for other uses, introduce industrial usage into other nonindustrial areas, and can pose environmental challenges and compete with other activities.

Solar energy systems need to be regulated from permitting through construction and ultimately for their removal when no longer utilized.

Rooftop-mounted, building-mounted, and building-integrated (BIPV) solar energy systems are permitted in all zoning districts in the Town through a building permit application process. (BIPV systems may be permitted under an overall building permit for a structure.)

Ground-mounted solar energy systems are permitted as accessory structures, requiring site plan approval, in the following districts (unless restricted in any zoning overlay district):

Utility-scale solar energy systems and nonresidential electrical energy storage systems are permitted only in the Industrial Districts (I-1 and I-2).

Any inconsistent provisions of this chapter which purport to or may be interpreted to allow solar energy systems in other districts are hereby superseded.

Rooftop-mounted, building-integrated and building-mounted solar energy systems upon issuance of building permit.

Ground-mounted solar energy systems after SEQRA review and upon concurrent site plan approval by the Town of Lewiston Planning Board, and upon issuance of a building permit issued according to the Town Code and New York State Building Code, and shall be subject to all provisions of this article.

Utility-scale solar energy systems shall be permitted only by special use permit issued according to the Code in use districts where allowed in accordance with the criteria established in this article, after SEQRA review, and upon concurrent site plan approval, and upon issuance of a building permit, and shall be subject to all provisions of this article.

All solar energy systems existing on the effective date of this article shall be allowed to continue usage as they presently exist. Routine maintenance shall be permitted on such existing systems. Any new construction, including but not limited to replacement with a new system of like construction and size, shall comply with the requirements of this article and would require initiation of a new application process.

No solar energy system shall hereafter be used, erected, moved, reconstructed, changed or altered except in conformity with these regulations.

Any applications (including variance applications) pending for solar energy systems on the effective date of this article shall be subject to the provisions of this article.

This article shall take precedence over any inconsistent provisions of this chapter of the Town of Lewiston.

This article shall not apply to any lot owned by a municipality..

This article shall not apply to any lot located within the Village of Lewiston.

Electrical energy storage device. When any electrical energy storage device, including any batteries or battery systems, are included as part of a solar energy system, they shall be placed in a secure container or enclosure meeting the requirements of the New York State Building Code.

Rooftop-mounted and building-mounted solar energy systems shall not be more than three feet higher than the finished roof to which they are mounted, and in no instance shall any part of the system extend beyond three feet before the edge of the roof. All rooftop-mounted or building-mounted solar energy systems shall meet all building permit requirements, including the New York State Uniform Fire Prevention and Building Code standards (which includes Fire Department access areas), and be installed by a qualified solar installer. The Building Inspector may require, in his sole discretion, walkways for safety access purposes.

Building-mounted solar energy systems shall not be more than three feet from the building wall, and in no instance shall any part of the system extend beyond the roofline or parapet wall.

Ground-mounted solar energy systems shall be subject to the following requirements:

Site plan requirements for a ground -mounted solar energy system.

Electrical energy storage systems, including any electrical storage batteries. When electrical energy storage systems are included as part of any solar energy system, they shall be placed in secure container or enclosure meeting the requirements of the New York State Building Code.

All solar energy systems, regardless if they tie into the grid or not, shall adhere to all applicable federal, state, county and Town of Lewiston laws, regulations and building, plumbing, electrical, and fire codes, and the applicant shall provide the Building Inspector with all certifications of proper placement and installation, including electrical, as the State Code or the Building Inspector deems necessary.

Any solar energy system and any related access road 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 earth-tone color.

The design, construction, operation, and maintenance of any solar energy system shall seek to prevent the misdirection and/or reflection of solar rays onto neighboring properties, public roads, and public parks, to the extent practicable.

The development and operation of a solar energy system shall not have a significant adverse impact on fish, wildlife, or plant species or their critical habitats, or other significant habitats identified by the Town of Lewiston or other federal or state regulatory agencies. Any and all trees and/or vegetation installed or proposed to be installed in conjunction with any solar energy system, including those for ground cover and/or used to provide screening for a solar energy system shall be of plant species native to the Western New York Region so as to promote the habitats of native pollinators and wildlife.

Artificial lighting of any solar energy systems shall be limited to lighting required for safety and operational purposes and shall be shielded from all neighboring properties and public roads. Such lighting shall not be designed to operate continuously at night, unless a compelling safety or operational purpose exists, and shall be designed to minimize light pollution of the night skies.

If the use of an approved solar energy system is discontinued, the owner or operator shall notify the Building Inspector within 30 days of such discontinuance. If a solar energy system is to be retained and reused, the owner or operator shall further inform the Building Inspector of this in writing at such time and obtain any necessary approvals within one year; otherwise it shall be automatically deemed abandoned and shall be decommissioned at the expense of the property owner.

Any solar energy system to be used strictly for agricultural use purposes in a state-designated agricultural district in accordance with the New York State Agriculture and Markets Law may have some of the requirements of this article waived by the Planning Board upon written request signed by the applicant.

An applicant shall be responsible for the disposal of any solar energy system components in compliance with all federal, state and local laws and regulations for disposal of said solar energy system existing at such time as the disposal takes place, and at no later date than one year after abandonment.

completed State Environmental Quality Review Act (SEQRA) short-form environmental assessment form (EAF), unless a full form is required by the Town's professional engineer, consultant, or the Town of Lewiston Planning Board.

Necessary special use permit information:

A site plan drawn in sufficient detail as follows:

For all utility-scale solar energy systems, the applicant shall submit a decommissioning plan for review and approval as part of the special use permit application. The decommissioning plan shall identify the anticipated life of the project, method and process of removing all components of the solar energy system and returning the site to its preexisting condition and estimated decommissioning costs, including any salvage value. The applicant shall submit an updated decommissioning plan every five years during the life of the solar energy system.

Any such additional information as may be required by the Town's professional engineer or consultant, Town of Lewiston Planning Board, Town Attorney, Building Inspector or other Town entity.

Minimum lot area: The minimum lot area shall be five acres.

Maximum lot area: The maximum lot area shall be 100 acres.

Setbacks: Any utility-scale solar energy system shall adhere to the following setbacks:

Maximum overall height. The height of a utility-scale solar energy system shall not exceed 20 feet when oriented at maximum tilt.

Number of utility-scale solar energy systems allowed per lot. There shall only be allowed one utility-scale solar energy system per lot.

A utility-scale solar energy system shall only be located in a rear yard if there is a principal structure or dwelling on said lot.

A utility-scale solar energy system shall adhere to all applicable federal, state, county and Town of Lewiston laws, regulations, building, plumbing, electrical, and fire codes.

Development and operation of a utility-scale solar energy system shall not have a significant adverse impact on fish, wildlife, or plant species or their critical habitats, or other significant habitats identified by the Town of Lewiston or other federal or state regulatory agencies. The applicant must supply specific information on the project's potential impacts to migrating birds.

The design, construction, operation, and maintenance of a utility-scale solar energy system shall prevent the misdirection and/or reflection of solar rays onto neighboring properties, public roads, and public parks to the extent practicable.

All structures and devices used to support solar collectors shall be nonreflective and/or painted a subtle or earth-tone color.

All transmission lines and wiring associated with a utility-scale solar energy system shall be buried and include necessary encasements in accordance with the National Electrical Code and Town requirements. The applicant is required to show the locations of all proposed overhead and underground electric utility lines, including substations and junction boxes, and all other electrical components and components of the electrical system, including electrical poles, for the project on the site plan.

All transmission lines and electrical wiring shall be in compliance with the utility company's requirements for interconnection.

Artificial lighting of utility-scale solar energy systems shall be limited to lighting required for safety and operational purposes and shall be shielded from all neighboring properties and public roads. Such lighting shall not be designed to operate continuously at night, unless a compelling safety or operational purpose exists, and shall be designed to minimize light pollution of the night skies.

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

Any site containing a utility-scale solar energy system shall contain fencing or other device acceptable to the Town, enclosing all solar energy system components that present safety hazards. If such fencing is required it shall be eight feet tall, contain no barbed wire, and be designed to incorporate natural colored screening measures.

A berm, landscape screen, or other opaque enclosure, or any combination thereof, consistent with all other screening and/or vegetation provisions of this article, capable of fully enclosing the solar energy system such that it will significantly diminish sight lines from all adjacent property, is required.

After completion of a utility-scale solar energy system, the applicant shall provide a post-construction certification from a professional engineer registered in New York State that the project complies with applicable codes and industry practices and has been constructed and is operating according to the design plans.

Compliance with regulatory agencies. The applicant is required to obtain all necessary regulatory approvals and permits from all federal, state, county, and local agencies having jurisdiction and approval related to the completion of a utility-scale solar energy system.

A bond or other appropriate form of security acceptable to the Town shall be provided to cover the cost of the removal of the entire solar energy system (including, but not limited to, any panels, support structure, wiring, cables, light fixtures, fixtures, battery systems, and accessory structures) and site restoration. Said bond shall transfer to cover any subsequent owner or operator of the system. Said bond or security shall be filed prior to construction. Said bond shall not be revocable and shall extend for a period of not less than the actual removal and restoration without limit as to duration. Said bond shall be updated every five years, in conjunction with submittal of the updated decommissioning plan pursuant to § 360-219, to cover the estimated cost of actual removal and remediation of the site.

Clearing, grading, stormwater and erosion control.

Shall meet all building permit requirements, including the New York State Uniform Fire Prevention and Building Code standards, and be installed by a qualified solar installer.

A proposed construction schedule, from beginning to end of construction, with all staging of construction to take place on the lot where the solar energy project is proposed, to the extent practicable.

Time limit on completion. After the granting of a special use permit for a utility-scale solar energy system with concurrent site plan approval by the Town Board or site plan approval of a ground-mounted solar energy system by the Planning Board, the building permit shall be obtained within six months and the project shall be completed within 12 months. A six-month extension of either the building permit or completion time can be issued by the applicable approving board. If not constructed, the special use permit and/or site plan approval shall automatically lapse within 12 months after the date of approval, unless an extension is applied for and approved. If allowed to lapse, the applicant's approval will be deemed null and void. Any further efforts to obtain the same or similar permit/approval will require strict conformity with this Code as if it were a new application.

Inspections. Upon reasonable notice, the Town of Lewiston Building Inspector or his or her designee may enter a lot on which a solar energy system has been approved for the purpose of inspection for compliance with the application materials as well as any and all other applicable requirements, conditions, codes regulations and/or laws. For utility-scale solar energy systems, such inspections shall include, but not be limited to, focus on the screening and vegetation plans. Twenty-four hours' advance notice by telephone to the owner/operator or designated contact person shall be deemed reasonable notice. Furthermore, a utility-scale solar energy system shall be inspected annually by a New York State licensed professional engineer that has been approved by the Town or at any other time, upon a determination by the Town's Building Inspector that damage may have occurred, and a copy of the inspection report shall be submitted to the Town Building Inspector. Any fee or expense associated with this inspection shall be borne entirely by the permit holder and will be set from time to time by the Town Board pursuant to the Town's fee schedule. For utility-scale solar energy systems, such inspections will take place on a yearly basis following issuance of the building permit and at such other times as determined by the Building Inspector.

General complaint process. During construction, the Town Building Inspector can issue a stop order at any time for any violations of a special use permit or building permit. After construction is complete, the permit holder of a utility-scale solar energy system shall establish a contact person, including name and phone number, for receipt of any complaint concerning any permit requirements.

Continued operation. A solar energy system shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. "Operational condition" includes meeting all approval requirements and conditions, including but not limited to the screening and vegetation plan and other portions of the applicant's submissions. Also, to be functioning in operational condition, the solar energy system must function at a minimum of 25% capacity. Failure of a solar energy system to achieve at least 25% of capacity for a period of six months shall result in a determination of inoperative, substantially inoperative or abandoned. Further, the Building Inspector shall also have the right to request documentation from the owner for a solar energy system regarding the system's usage, functioning and capacity on a yearly basis, or at any other time as determined by the Building Inspector.

Removal. All solar energy systems shall be dismantled and removed immediately from a lot, at the expense of the owner, when the special use permit or approval has been revoked by the Town of Lewiston Planning Board or the solar energy system has been deemed inoperative, substantially inoperative or abandoned by the Building Inspector for a period of more than 365 days, at the cost of the owner. If the owner does not dismantle and remove said solar energy system as required, the Town Board may, after a hearing at which the owner shall be given an opportunity to be heard and present evidence, dismantle and remove said facility and place the cost of removal as a tax lien on said parcel.

Determination of abandonment or substantial inoperability. A determination of the abandonment or substantial inoperability of a solar energy system shall be made by the Town Building Inspector, who shall provide the owner with written notice by personal service or certified mail. Any appeal by the owner of the Building Inspector's determination of abandonment or inoperability shall be filed with the Town of Lewiston Town Board within 30 days of the Building Inspector causing personal service or mailing by certified mail his written determination, and the Board shall hold a hearing on same. The filing of an appeal does not stay the following time frame unless the Town Board or a court of competent jurisdiction grants a stay or reverses said determination. At the earlier of the 366 days from the date of determination of abandonment or inoperability without reactivation, or upon completion of dismantling and removal, any approvals for the solar energy system shall automatically expire.

Application and annual fees.

Prior to the issuance of a building permit, the applicant shall document that all applicable federal, state, county, and local permits have been obtained.

Special use permits for a utility-scale solar energy system granted under this article shall be issued only following a public hearing held as required by this chapter.

The Planning Board or Town Board may:

Any changes or alterations post construction to a utility-scale or ground-mounted solar energy system shall be done only by amendment to the special use permit and/or site plan (if required), subject to all requirements of this Code.

Special use permits for utility-scale solar energy systems shall be assignable or transferable so long as they are in full compliance with this article and all the conditions and the Building Inspector is notified in writing at least 15 days prior thereto.

In addition to the requirements of this article, the special use permit application shall be subject to any other site plan approval requirements set forth in this chapter.