Single-wide unit: 10,000 square feet.

Double-wide unit: 12,000 square feet.

All lighting shall be designed and arranged so as to prevent glare and reflection on adjacent properties.

The maximum height of pole-mounted lights should not exceed 18 feet.

The source of the lights shall be shielded or located such that it shall not be visible outside the boundaries of the parcel being developed.

Not create any vibration, heat, glare, dust, odor, or smoke discernible at the property lines;

Not generate noise exceeding 55 decibels at the property line from 8:00 a.m. to 6:00 p.m.;

Not generate any noise discernible by the human ear at the property lines from 6:00 p.m. to 8:00 a.m.;

Not create electrical, magnetic or other interference off the premises;

Not consume utility quantities that negatively impact the delivery of those utilities to surrounding properties; or

Use or store hazardous materials in excess of the quantities permitted in a residential structure.

Hours of operation.

Maximum number of customer/client visits that may occur in any one day.

Maximum number of customers/clients that can be present at any one time.

Limit retail sales to goods made and/or prepared on site.

Additional screening to reduce visual or noise impacts upon neighbors.

Other conditions as determined by the Planning Board.

All solar collectors and related equipment shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent properties or public roadways.

All solar collectors and their associated support elements shall, at the time of installation, be designed according to generally accepted engineering practice to withstand heavy snow loads and wind pressures applied to exposed areas by wind from any direction, to minimize the migration of light or sound from the installation and to minimize the development of sight obstructions for adjacent structures or land parcels.

All solar collectors and their associated support elements shall have a nonreflective finish and neutral paint colors, materials and textures to achieve visual harmony with the surrounding area.

Any on-site power lines shall be underground installations. In the event that such requirement is impossible or impracticable, the Planning Board shall have the discretionary authority to modify this requirement.

The location, size and intensity of the proposed project shall be in harmony with the orderly development of the district.

The character and appearance of the proposed project shall be in general harmony with the character and appearance of the surrounding neighborhood.

All areas of the proposed project shall be readily accessible for fire, emergency services and police protection.

Rooftop and flush-mounted solar energy systems that generate electricity primarily for on-site consumption are permitted as an accessory structure.

Rooftop and flush-mounted solar energy systems shall require a building permit.

In addition to the general design and siting requirements, rooftop and flush-mounted solar energy systems shall incorporate the following design requirements:

Rooftop and flush-mounted solar energy systems shall be designed according to New York State Building Code to withstand wind and heavy snow loads. Appropriate access points required to maintain the solar panels and solar equipment in proper working order shall be incorporated in all plans for installations of rooftop and flush-mounted solar energy systems.

Rooftop and flush-mounted solar energy systems must be properly engineered so they can be adequately and safely supported by the roofs and structures upon which they are to be affixed. The roof structure shall be strong enough to support the additional weight of the solar units as per applicable Residential, Building, Electrical, and Fire Codes.

Rooftop and flush-mounted solar energy systems shall be designed at the scale required to generate power for the reasonably projected on-site consumption by owners, lessees, tenants, residents, or other occupants of the parcel on which they are erected.

In order to ensure the safety of firefighters and other emergency responders, except in the case when solar panels are installed on an accessory structure less than 1,000 square feet in area, there shall be a minimum perimeter area around the edge of the roof and pathways to provide space on the roof for walking around all solar collectors and panels.

Ground-mounted and freestanding solar energy systems that generate electricity primarily for on-site consumption shall be permitted as accessory structures within the Town subject to site plan approval by the Planning Board and the issuance of a building permit.

Ground-mounted or freestanding solar energy systems shall not be located in the following areas:

Ground-mounted and freestanding solar energy systems shall be set back a minimum of 25 feet on any side and rear lot.

No ground-mounted and freestanding solar collector is allowed in the required front yard setback except in the following circumstance.

In the case where a lot's width and road frontage is greater than the depth, and where it is not feasible to meet all setbacks to place ground-mounted solar panels in the rear, ground-mounted solar panels may be placed in the front yard setback placed to the side of the principal structure. No ground-mounted solar panels may be placed directly in front of the home or principal structure.

The height of ground-mounted or freestanding solar collectors shall not exceed 20 feet when oriented at maximum tilt.

In the Agricultural and Residential Districts, a lot must have a minimum size of two acres in order for a ground-mounted or freestanding solar system to be permitted.

Screening shall be provided to the maximum extent practicable from adjoining lots through the use of architectural features, earth berms, landscaping, fencing, or other screening which will harmonize with the character of the property and surrounding area. The proposed screening shall not interfere with normal operation of the solar collectors.

The total surface areas of all ground-mounted and freestanding solar collectors shall not exceed the area of the ground covered by the building structure of the largest building on the lot measured from the exterior walls, not including patios and decks.

Photovoltaic systems that are integrated directly into building materials such as roof shingles, and that are a permanent and integral part of and not mounted on the building or structure are exempt from the requirements of this section. However, all applicable building codes shall be met and necessary permits obtained.

Building-integrated solar energy systems must be properly engineered to support building-mounted solar collectors.

The applicant for a building-integrated solar energy system must provide a signed and sealed certification from a New York State licensed professional engineer containing, but not limited to, the following information:

Pursuant to the Town of Minden Comprehensive Plan (2012) ("plan"), Minden has established a policy stating they do not desire intense, large, or industrial scale development that will introduce pollutants to water and land, reduce open spaces, pollute dark night skies, or adversely impact critical habitats and sensitive environmental locations. The plan establishes policies oriented to avoiding loss of farms and farmland, and avoiding industrialization of the Town from large-scale activities. In 2018, the Town of Minden implemented regulatory policies as established in the Comprehensive Plan with a zoning update.

The resources identified through a natural resource inventory and having policies established, including creation of a Critical Environmental Areas Map, to protect them, are described as follows:

The Town of Minden has identified and comprehensively described its natural resources and environmental conditions. The Town recognizes that the individual natural resources identified in Minden are part of a broader ecological system that supports human life. In its planning, the Town has described how land use changes can degrade the environment and understands that degradation of one environmental component impacts the others. As a result, Minden has put in place significant land use regulations designed to protect core environmental features here. Preservation of natural resources, and especially protection of farmlands and maintenance of local farms in the age of pandemics and global climate change is recognized as essential to local health security, food safety, and food availability. Minden has established local policies and regulations in furtherance of, and consistent with significant and long-standing NYS policies related to protection of farmland soils, wetlands, and floodplains, and protection of threatened and endangered species, preservation of waterfront areas, protection of water quality, and improving food accessibility and food security. As such, the Town has established that large-scale development, including that from large-scale solar facilities that general electricity primarily for off-site consumption, are not consistent with either the goals and needs of the Town or with the environmental conditions of Minden.

For the above reasons, the Town of Minden has determined that renewable energy facilities with a nameplate capacity of less than 20 MW for off-site consumption are intensive land uses incompatible with the environmental health of the Town and that they will cause significant adverse environmental impacts to important natural resources and the ecosystem in which they exist as identified within the Town of Minden.

The Town further finds that adverse impacts associated with large-scale renewable energy facilities are not capable of effective mitigation, or of mitigation to a scale which will achieve mitigation to the maximum extent practicable. This is especially so since a) NYS Executive Law § 94-c, Subdivision 6, does not allow local municipalities to establish a local review and permitting process for major renewable energy facilities; and b) Executive Law § 94-c, Subdivision 3(e), provides that the New York State Office of Renewable Energy ("Siting Office") may collect a fee from facility applicants as a means of achieving off-site mitigation of site-specific impacts. Neither of those directives serve to protect the environment in Minden.

Local laws which apply to major renewable energy facilities are considered to be important by NYS Executive Law § 94-c. Subdivision 5(e) of Executive Law § 94-c) expressly states that:

The importance of local laws is manifest from this statement. In choosing to make this statement in the law, the State Legislature explicitly expresses the intent that the content of local laws shall be a very important consideration for the Siting Office in deciding whether to grant or deny permits for major renewable energy facilities. In crafting NYS Executive Law § 94-c, the State Legislature would have been within its authority to supersede all local laws and regulations without making reference or statement them. So the existence of this language in the statute represents a conscious choice by the State Legislature to make this statement that the Siting Office must find that the project, together with applicable uniform and site-specific standards, would comply with local laws and regulations.

The Town of Minden has made a careful evaluation of the environment and natural resources within the Town through a comprehensive planning process consistent with Town Law § 272-a and with the assistance of a professional planning consultant as detailed in § 90-52.25F(2), above. This evaluation has identified significant environmental sensitivities and resources within the Town. Based on that evaluation, and for all the reasons which are set forth in § 90-52.25F(2), which reasons are expressly incorporated by reference herein, the Town of Minden has determined that renewable energy facilities with a nameplate capacity of 20 MW or greater will cause significant adverse environmental impacts to important environmental resources within the Town of Minden. NYS Executive Law § 94-c, Subdivision 6, does not allow local municipalities to establish a local review and permitting process for major renewable energy facilities; and § 94-c, Subdivision 3(e), provides that the Siting Office may collect a fee from facility applicants as a means of achieving off-site mitigation of site-specific impacts. The Town has determined that these provisions will not allow adverse impacts associated with renewable energy facilities with a nameplate capacity of 20 MW or greater to allow for effective mitigation or mitigation implemented on a scale that will achieve mitigation to the maximum extent practicable. Specific rationale is noted at § 90-52.25F(2) of this section.

Consequently, renewable energy facilities having a nameplate capacity of 20 MW or greater, and specifically including all major renewable energy facilities as they are defined in NYS Executive Law § 94-c, Subdivision 2(h), are prohibited in all zoning districts in the Town of Minden.

The Town of Minden specifically requests, with regard to any major renewable energy facilities proposed within the Town of Minden, that the Siting Office honor and enforce this prohibition. Based upon the comprehensive environmental analysis completed for Minden, the Town specifically requests that, with regard to any proposed renewable energy facility having a nameplate capacity of 20 MW or greater or others being reviewed under NYS Executive Law § 94-c, Subdivision 2(h), that the NYS Office of Renewable Energy Siting honor and enforce this prohibition.

Introduction and purpose statement.

Consideration of environmental impacts under NYS Executive Law § 94-c.

Consideration of specific environmental resources in Minden.

In the event that the Siting Office elects not to require compliance with this chapter's prohibition against major renewable energy facilities for a particular proposed project, this section further mandates that the Siting Office shall expressly require full compliance with the NYS Department of Agriculture and Markets Guidelines for Solar Energy Projects - Construction Mitigation for Agricultural Lands (Revision 10-18-2019) (Guidelines). This shall include designating an environmental monitor, implementing the specific construction requirements, establishing post-construction restoration requirements, providing monitoring and remediation, and implementation of decommissioning requirement pursuant to the Guidelines.

In the event that a 20 MW or greater renewable energy facility proceeds under Executive Law § 94-c, and the Siting Office continues its review, the following shall constitute the Town's general comments to be applied in any proposed conditions. The Town reserves the right to provide further comments during the review process and comment period.