A noncommercial solar energy system as an accessory use shall be limited to one or more roof-, wall- and/or ground-mounted solar collector devices and solar-related equipment.

A noncommercial solar carport shall be permitted as an accessory use over existing and proposed parking facilities.

Roof-mounted noncommercial solar energy systems: Such systems mounted on a roof shall not cause the building on which such a system is located to exceed the maximum height restrictions for such building, if any, for the zoning district in which it is located. Panels facing the front yard must be mounted at an angle that is no greater than 20° greater than the angle of the roof's surface with a maximum distance of 24 inches between the roof and the highest edge of the system.

Ground-mounted noncommercial solar energy systems. Such systems mounted on the ground shall adhere to the following requirements:

Solar collectors and other facilities shall be designed and located to prevent reflective glare toward any inhabited buildings on adjacent properties and roads.

Commercial solar energy systems are permitted as a customary accessory use, subject to the Zoning Code of the Town of Nichols and Uniform Code requirements applicable to accessory uses, to the extent not inconsistent with this Section, and as a primary use in the zoning districts noted below. All commercial solar energy systems are, whether an accessory or primary use, subject to a special use permit approved and issued by the Town Board, following site plan review and a report and recommendation on the special use permit from the Planning Board, only in the following zoning districts:

Commercial solar energy systems are prohibited in all other zoning districts.

Commercial ground-mounted solar energy systems are not permitted as an accessory use.

Roof-mounted and building-integrated commercial solar energy systems may be permitted as an accessory use.

Commercial solar energy systems shall not include or contain battery energy storage systems.

Commercial ground-mounted solar energy systems must be located on sites with at least five acres open for development. Other types of commercial solar energy systems shall comply with applicable lot size requirements as set forth in the Town's Zoning Code.

Each solar energy system shall be designed to minimize the total acreage of developed land.

Each solar system site and storm water management plan shall be reviewed by the entity with jurisdiction prior to final site plan approval.

A property maintenance and operation plan, including site maintenance of equipment, and property maintenance and upkeep specifications shall be required.

A screening and landscape plan shall be required to show adequate measures to screen, through landscaping, so the views of solar panels and accessories shall be minimized as reasonably as practicable from adjacent properties and public roadways.

A visual assessment shall be conducted of the visual impacts of the solar energy system and its components on adjacent properties and public roadways. At a minimum, a line-of-site profile and analysis shall be provided. Depending on the scope and potential visual impacts, additional analysis, including for example, a digital viewshed report, may be required to be submitted by the applicant.

An inspection program shall be established of the panels and its components to ensure physical and visual inspection of panels occurs on a regular basis.

The height of the solar collectors and any mounts within a commercial ground-mounted solar energy system shall not exceed 20 feet from finished grade when oriented at maximum tilt. Other types of commercial solar energy systems shall comply with applicable maximum height requirements as set forth in the Town's Zoning Code.

Solar energy equipment shall be installed in a manner to (i) minimize visual impacts and view blockage for surrounding properties; and (ii) shading of property to the north, while still providing adequate solar access for collectors.

Solar collectors shall be installed to minimize glare onto neighboring properties and roadways. All solar collectors shall be treated with antireflective coating(s).

No solar collector shall be closer than 100 feet from any nonparticipating residential property line.

No solar collector shall be closer than 250 feet from nonparticipating, habitable residential structures.

No solar collector shall be closer than 100 feet from nonparticipating, nonresidential property lines.

No solar collector shall be closer than 50 feet from the center line of any public street or roadway.

No solar collector shall be erected ahead of the front line of any existing building.

All commercial ground-mounted solar energy systems and associated solar accessory structures/facilities shall be completely enclosed by a minimum eight-foot-high anchored mini-mesh chain-link fence with two-foot tip out and a self-locking gate. Said fence shall contain five-inch-high-by-sixteen-inch-wide grade-level cutouts every 75 feet to permit small animals to move freely into and out of the site. No fence shall contain barbed or razor wire at the top.

All commercial ground-mounted solar energy systems must additionally include a visual buffer between the system, public roads, and nonparticipating properties. The buffer shall consist of appropriate plantings with a mixture of evergreen trees and shrubs a height to provide a visual screen of the ground-mounted system and no less than eight feet tall. The species, type, location and planted height of such landscaping and fencing shall be subject to the approval of the Planning Board, in consultation with the Tioga County Soil & Water Conservation District ("TCSWCD") or other professional agencies hired by the Town. The applicant shall, at its sole expense, engage with TCSWCD or other professional agencies chosen by the Town, to develop, implement, and update a tree planting and maintenance plan ("plan"). Accordingly, the applicant shall be responsible for maintaining and grooming all trees and shrubs that are used as a visual buffer. The applicant shall replace any dead or dying trees and shrubs to maintain an appropriate buffer as required by the Planning Board, with replacement actions informed by hired professionals monitoring findings under the plan. It shall be presumed that the required plantings must surround the commercial ground-mounted solar energy system (excluding the width of any access road) to provide an appropriate visual buffer from public roads and nonparticipating properties. An applicant may overcome this presumption only by demonstrating, through the results of the required visual impact study, that a portion or portions of such buffer are not required for purposes of screening from public roads and nonparticipating properties, and with Planning Board approval.

All proposed commercial solar energy systems shall demonstrate that the facility will be sited to have the least adverse visual effect on the environment and its character, on existing vegetation, and on any nearby residential dwellings. Any glare produced by the solar array shall not impair or render unsafe the use of contiguous structures, any vehicles in the vicinity, any airplanes, etc.

Lot coverage requirements. Commercial solar energy systems shall adhere to applicable maximum lot coverage requirements for principal uses for the zoning district which it is in. Lot coverage shall be calculated based upon the surface area covered by the solar panels and any related infrastructure.

Noise requirements. Commercial solar energy systems shall adhere to applicable noise level limits for the Zoning District which it is in.

Siting considerations. No commercial ground-mounted solar energy system shall be installed in a floodplain, wetland, aquifer or other environmentally, historically, or culturally sensitive area without the following, all of which shall be reviewed and approved by the Code Enforcement Officer, who may, at the Planning Board's discretion, consult with the Town Engineer or other qualified professionals in connection with such reviews and approvals:

If property is subdivided to accommodate commercial ground-mounted solar energy systems as a primary use, the property containing the commercial ground-mounted solar energy system must have road frontage in compliance with the Town's applicable zoning laws.

All utilities serving the site of a commercial solar energy system shall be installed underground and in compliance with all laws, rules, and regulations of the Town, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code, where appropriate. If the applicant seeks to install aboveground utilities or transmission lines, the applicant must provide sufficient proof of infeasibility of underground installation. The Planning Board may waive or vary the requirements of underground installation of utilities whenever, in the opinion of the Planning Board, the applicant's proof establishes that such variance or waiver shall not be detrimental to the health, safety, general welfare and environment, including the visual and scenic characteristics of the area.

One- or three-line electrical diagram detailing the solar energy system installation, associated components, electrical interconnection methods, with all disconnects and over-current devices, and an approved interconnection agreement between the relevant utility provider and the applicant.

At a commercial ground-mounted solar energy systems site, at least one access road and adequate parking shall be provided to ensure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent that it is practicable. Road construction shall at all times minimize ground disturbance and vegetation cutting. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.

Fire access roads and access for fire apparatus equipment shall be provided, as approved by the chief of the fire department servicing the property and the Planning Board. Any gates to the site shall be equipped with Knox Company locks to allow fire department access. Additionally, any gate to the site shall bear warning signs with the owner's name and emergency contact information. The applicant shall provide a fire safety and suppression plan developed in coordination with the chief of the fire department servicing the property, which plan shall include reference to required training, staffing and equipment.

Commercial ground-mounted solar energy system owners shall develop, implement, and maintain native perennial 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 landowners and/or solar energy system owners shall use native plant species and seed mixes.

Applications for the installation of a commercial solar energy system shall be reviewed by Code Enforcement and referred, with comments, to the Town Board for its review and action. If the application is accepted, the Town Board shall refer the application to the Planning Board for site plan review and a report and recommendation regarding the special use permit.

Site lighting shall be limited to wall pack fixtures located on a structure that houses equipment with zero footcandles at the property line.

Any commercial ground-mounted solar energy system located on areas that consist of prime farmland and/or farmland of statewide importance shall not exceed 50% of the area of prime farmland and/or farmland of statewide importance on the parcel.

Commercial solar energy systems located on prime farmland and/or farmland of statewide importance shall be constructed in accordance with the construction guidance of the New York State Department of Agriculture and Markets.

A comprehensive soil sampling and analysis plan required to characterize and document the surface soil quality of the site before construction, annually during operation, and upon decommissioning of the panels, and pre and post restoration, as necessary to return the site to agricultural use.

The Town Board is hereby designated and authorized to review, analyze, evaluate, and make decisions with respect to all special use permit applications for commercial solar energy systems following the Planning Board's review of the site plan and provision of a report and recommendation on the special use permit to the Town Board.

Upon referral by the Town Board, the Planning Board shall provide a report and recommendation to the Town Board for any special use permit application and may recommend to the Town Board approval, approval with conditions, or disapproval of the special use permit.

Following its receipt of a report and recommendation from the Planning Board and following the Planning Board's completion of site plan review, the Town Board, within one year of such receipt, may approve, approve with conditions, or disapprove any special use permit and may recertify, not recertify, or revoke any existing special use permit. The Town Board may, at its discretion, delegate or designate other officials of the Town to accept, review, analyze, evaluate, and make recommendations to the Town Board with respect to granting or not granting, recertifying, or not recertifying, or revoking special use permit approval of commercial solar energy systems.

No commercial solar energy system shall be installed or constructed until the site plan is reviewed and approved by the Planning Board and a special use permit has been approved and issued by the Town Board.

A pre-application meeting is required with the applicant, Town Designated Engineer, Code Enforcement Officer, and Town Supervisor or designee, prior to submitting a formal special use permit application.

Incomplete applications not meeting the requirements stated herein, or which are otherwise incomplete, may be rejected by the Town Board.

The special use permit application shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. If the landowner(s) of the project location is not the applicant, the applicant shall additionally provide one of the following:

The special use permit application shall include a statement, in writing:

At the discretion of the Town Board, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction.

The Town Board shall hold a public hearing regarding the special use permit in accordance with the requirements of state and local law. The Planning Board may, within its discretion, hold a public hearing regarding the site plan review in accordance with the requirements of state and local law.

Names, mailing addresses, email addresses and telephone numbers of:

Name of project, Tax Map parcel numbers and boundary lines of parcel(s) on which the project will be located, a location map showing proposed site's location, North arrow, and scale of the plan.

The application fee for projects of 25 kilowatts to one megawatt shall be $1,000. The application fee for projects more than one megawatt shall be $1,000 per megawatt.

Stamped drawings to scale signed by a New York State licensed professional engineer or registered architect showing:

A map or maps showing:

A vegetation, landscaping and screening plan showing:

A report or series of reports containing the information hereinafter set forth. Where this section calls for certification, such certification shall be by a qualified New York State licensed professional engineer and/or architect acceptable to the Town, unless otherwise noted.

A completed Part 1 of the State Environmental Quality Review Act ("SEQRA") Full Environmental Assessment Form ("FEAF").

The Town Board may, in its discretion, modify or waive any of the requirements described in this section relating to the special use permit, excepting any dimensional or use requirements which remain subject to Zoning Board of Appeals approval, and the Planning Board may, in its discretion, modify or waive any of the requirements described in this section relating to the site plan review, excepting any dimensional or use requirements which remain subject to Zoning Board of Appeals approval, to the extent that such conditions are inapplicable to a given application. The Town Board and/or Planning Board may also require that the applicant submit additional information not listed herein that it deems necessary in order to inform and complete its review of the applicant's special use permit application.

The applicant for a special use permit for a commercial solar energy system shall be responsible for the cost of the engineering review by the Town Designated Engineer, as well as any additional consultants and/or experts the Town may hire to assist in the review and evaluation of the application and any request for recertification of a previously issued special use permit. The Town Board and/or Planning Board may hire any consultant and/or expert necessary to assist the Town Board and/or Planning Board in reviewing and evaluating the application and any requests for recertification.

The applicant shall reimburse the Town for the cost of professional consultant services reasonably necessary to enable it to review such application. In no event shall the applicant's responsibility be greater than the actual cost to the Town of such professional consultant services.

Charges made by such consultants shall be in accord with charges usually made for such services in the Tioga County, New York region.

In the event an application is required to be reviewed by more than one board, to the extent practicable, all such boards shall use the same consultant. In all instances, the Town shall attempt to avoid duplication of consultant reports or services wherever practicable in order to minimize the cost of such consultants to the applicant.

At the time of submission of an application, or immediately thereafter, an escrow account shall be established, from which withdrawals shall be made to reimburse the Town for the costs of professional consultants' services. Upon establishment of an escrow account, the applicant shall then provide funds to the Town for deposit into such account in an amount to be determined by the Town Board based upon:

Expenditures from the escrow account shall be made by the Town as follows:

Upon receipt of a request by the applicant, the Town shall supply copies of such vouchers to the applicant reasonably in advance of audit and approval, appropriately redacted where necessary to shield legally privileged communications between Town officials or employees and the Town's professional consultants.

In the event of request, the applicant shall be entitled to be heard by the Town Board on reasonable advance notice regarding expenditures from the escrow account.

After audit and approval of such vouchers by the Town, the Town may make payments from the escrow account.

If at any time the escrow account balance falls below 25% of the initial amount deposited, the Town shall notify the applicant, and the applicant shall replenish the account to a level determined by the Town Board as sufficient to cover anticipated reasonable and necessary future expenses. Failure to replenish the escrow account within 10 business days of notification shall be grounds for suspension of application processing until the required funds are received. The Town shall not be required to continue processing the application if sufficient funds are not available in the escrow account.

A building permit or other permit being sought by the applicant shall not be issued unless all professional review fees charged in connection with the application have been reimbursed to the Town.

Any unexpended funds in an applicant's escrow account after the payment of all professional consultants' fees shall be returned to the applicant upon application to the Town for the same.

A holder of a special use permit granted under this article shall obtain, at its own expense, all permits and licenses required by applicable law, rule, regulation, or code and must maintain the same, in full force and effect, for as long as required by the Town or other governmental entity or agency having jurisdiction over the applicant.

A holder of a special use permit granted under this article shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted solar energy production facility in strict compliance with all current applicable technical, safety and safety-related codes adopted by the Town, county, state and/or United States, including, but not limited to, the most recent editions of the Uniform Code, National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict between or among any of the preceding, the more stringent shall apply.

The applicant shall provide the Town with a utility solar operating permit and a Coordinated Electric System Interconnection Review ("CESIR") letter from the applicable utility company.

A holder of a special use permit granted under this article shall apply for and obtain a Town solar operating permit from the Code Enforcement Officer no less than 30 days prior to commencement of the operation of the solar energy system, and annually thereafter. The application for such Town solar operating permit shall be submitted on a form prescribed by the Code Enforcement Officer and such application shall be subject to an annual fee of $1,000. The Town solar operating permit shall expire annually and may be renewed only upon the submission of a renewal application and the payment of the required annual fee. Prior to issuance of a renewal of a Town solar operating permit, the Code Enforcement Officer shall ensure that the solar energy system is being operated in manner consistent with this article, the Uniform Fire Prevention and Building Code, and any special use permit conditions. No commercial solar energy system shall be allowed to operate if it does not have a current and valid solar operating permit.

In order to verify that the applicant and any and all lessees, renters and/or licensees of commercial solar energy systems place and construct approved solar energy systems, including solar collectors and solar inverters, in accordance with all applicable technical, safety, fire, building and zoning codes, laws, ordinances and regulations and other applicable requirements, the Town, its authorized officers, agents and/or designees may inspect all facets of said special use permit holders', renters', lessees' or licensees' placement, construction, modification and maintenance of such facilities. If required by law, notice will be provided prior to such inspection, and such inspection may be conducted during normal business hours.

The costs of all inspections conducted pursuant to this section shall be borne by the applicant.

Upon request of the Town, its authorized officers, agents and/or designees, the owner of the commercial solar energy system shall provide the Town Building Inspector/Code Enforcement Officer a report showing the rated capacity of the system, and the amount of electricity that was generated in the most recent 12-month period. The report shall be submitted no later than 45 days after a written request for the same. Failure to submit a report as required herein shall be considered a violation subject to the penalties and remedies set forth in this Local Law.

Prior to the commencement of construction of a commercial solar energy system, the owner/operator thereof shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage for the duration of the useful life of the commercial solar energy system. Insurance policy amounts shall be determined by the Board in consultation with Town's insurer to cover damage or injury that may result from the failure of a commercial solar energy system or any other part(s) of the generation or transmission facility. However, at minimum, the owner/operator shall carry the following insurances in the following amounts:

The commercial general liability insurance policy shall specifically include the Town of Nichols as additional named insured.

The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with a Best's rating of at least "A."

The insurance policies shall contain an endorsement obligating the insurance company to furnish the Town with at least 30 days' prior written notice in advance of the cancellation of the insurance.

Renewal or replacement policies or certificates shall be delivered to the Town at least 15 days before the expiration of the insurance policies currently in place.

Before construction of a permitted commercial solar energy system is initiated, but no later than 15 days after the grant of Board approval, the special use permit holder shall deliver to the Town a copy of each of the policies or certificates representing the insurance in the required amounts.

The decommissioning plan required by this section shall include, at minimum, the following:

The implementation of the decommissioning plan shall commence and proceed upon the occurrence of any of the following:

In the event that construction of an approved solar energy system and/or solar accessory facilities or structures has been started but is not completed and functioning within 18 months of the issuance of the final site plan approval and special use permit, the Town may notify the applicant to complete construction and installation of the facility within 90 days. If the applicant fails to perform, or to apply for and receive a special use permit extension in accordance with this article, the Town may notify the owner and/or operator to implement the decommissioning plan. The decommissioning plan must be completed within 180 days of such notification by the Town.

Upon revocation, termination or nonrenewal of an expired special use permit, the applicant, owner, and/or operator must fully complete the decommissioning plan within 180 days of the date of revocation, termination or nonrenewal.

Upon the occurrence of any event listed in Subsection K(2) above, the Town shall notify the owner and/or operator of the commercial solar energy system to implement the decommissioning plan. Within 90 days of the service of said notice, the owner and/or operator shall either restore operation equal to 80% of approved capacity or commence implementation of the decommissioning plan, which plan must be fully completed within 180 days after implementation thereof.

If the owner and/or operator fails to fully complete the decommissioning plan within the 180-day time period and restore the site as required, the Town may, at its own expense, provide for the restoration of the site in accordance with the decommissioning plan and may, in accordance with the law, recover all expenses incurred for such activities from the irrevocable letter or letters of credit posted by the owner and/or operator in accordance with this section, and from the defaulted owner and/or operator directly, if necessary. Any decommissioning costs incurred by the Town which have not been fully paid by the owner and/or operator shall be assessed against the property, shall (in addition to any other available remedies) become a lien and tax upon said property, shall be added to and become a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officer and in the same manner as other taxes. The decommissioning plan shall provide for the ability of the Town, or its assignee or designee, to access the property owners' land in order to complete decommissioning, if necessary.

Prior to the issuance of a building permit, the owner or operator of an approved commercial solar energy system shall post an irrevocable letter or letters of credit in a face amount of not less than 120% of the estimated cost of complete decommissioning and removal to ensure proper, safe removal of the solar energy system and accessory facilities/structures in accordance with the decommissioning plan required by this section. Each said letter of credit shall state on its face that it is held by and for the sole benefit of the Town. The owner and/or operator shall not encumber or create any security interest(s) in the letter(s) of credit in favor of any third party. The amount of the financial guarantee shall be reviewed by the applicant and the Board at least every five years and shall be renewed at an increased amount equivalent to the actual projects cost of remediation. Applicant shall be required to provide competent financial estimates from a licensed engineer. The Board may require the applicant to review annually upon 90 days' written notice. The form of the guarantee must be reviewed and approved by the attorney for the Town, and the guarantee must remain in effect until the system is fully removed and final inspection is completed by the Code Enforcement Officer.

Ownership changes. If the ownership of a commercial solar energy system that has been granted a special use permit changes, the special use permit shall remain in force and all conditions of the permit will continue to be obligations of succeeding owners. The Town Clerk shall be notified, and the ownership change registered with the Town. At the time of the notification of the ownership change, the new owner(s) must provide an irrevocable letter or letters of credit to the Town Clerk in accordance with the provisions of this section. All signs required shall be updated accordingly.

No solar collector shall be closer than 300 feet from any non-participating residential property line.

No solar collector shall be closer than 750 feet from non-participating, habitable residential structures.

No solar collector shall be closer than 150 feet from non-participating, non-residential property lines.

No solar collector shall be closer than 150 feet from the centerline of any public street or roadway.

All solar collectors shall be located on sites with a lot size of at least 10 acres open for development.

The ability of the project to support the local or regional electric grid, including, but not limited to:

Demonstrated electrical demand or need within the service area;

Any relevant environmental, economic, or community benefits.

A violation of this article is hereby declared to be an offense, punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation.

Notwithstanding anything in this article, the owner/operator of any renewable energy system or related accessory structure covered by this article may not use the payment of fines, liquidated damages, or other penalties to evade or avoid compliance with this section. An attempt to do so may subject the owner/operator to the termination and revocation of any or all previously granted certificates, permits or approvals for the renewable energy system. The Town may also seek injunctive relief to prevent the continued violation of this section, without limiting other remedies available to the Town.

If any renewable energy system or related accessory structure covered by this article is repaired, rebuilt, placed, moved, relocated, modified, or maintained in a way that is inconsistent or not in compliance with the provisions of this article, the Code Enforcement Officer shall notify the owner/operator, in writing, of such violation. Such notice shall specify the nature of the violation or noncompliance and state that the violations must be corrected within 30 days of the date of the postmark of the notice, or of the date of personal service of the notice, whichever is earlier. Notwithstanding anything to the contrary in this article, if the violation causes, creates, or presents an imminent danger or threat to the health or safety of lives or property, the Code Enforcement Officer or his/her authorized designee may, at his/her sole discretion, order the violation remedied within 24 hours.

If, within the period set forth in Subsection B(1) above, the renewable energy system or related accessory structure is not brought into compliance with the provisions of this article or substantial steps are not taken in order to bring the same into compliance, the Code Enforcement Officer may revoke any or all certificates, permits or approvals issued by him/her and shall notify the owner/operator of the same within 48 hours of such action. The Code Enforcement Officer shall, in addition to the foregoing, inform the Board of the owner/operator's failure to comply. The Board may thereafter, in its discretion, and after providing the owner/operator with notice and an opportunity to be heard, revoke any previously granted special use permit for the renewable energy system.