No odor- or dust-producing uses, including the storage of manure, shall take place within 150 feet from the nearest lot line, except that it is permissible to store and use, within the above limits, dust or spray material necessary to protect fruits, vegetables and farm crops from disease and insects.

No hogs or chickens of any kind shall be kept except as an incidental part of a general farm operation.

Fowl of any kind or livestock, including horses, shall only be kept on parcels of five acres or more in area or in a building, no part of which is closer to any property line than 150 feet.

No garbage or refuse, other than that produced on the premises, is used for feed.

In the Rural Residential District only, with more than five acres, the sale of farm products produced on owner's property and related seasonal products is permitted.

Any such farm market shall be located on a single tax parcel containing not less than five acres.

The maximum building area devoted to farm market retail sales shall not exceed 10,000 square feet. Accessory growing structures are permitted, provided that all structures maintain a fifty-foot setback from all property lines.

Farm market operations may be conducted 12 months per year.

Outside storage and display of produce and plant materials is permitted on all portions of the property, with the exception of areas where traffic sight distance will be impacted. No outside storage and/or display of materials is permitted within a public right-of-way.

Outside storage and display shall be not less than 50 feet from all property lines. The total square footage of all storage and display areas shall not exceed 25% of the square footage of the principal farm market structure.

Such stand sells only those products grown on the owner's property.

Such stand is set back from the highway right-of-way line at least 10 feet.

Any building or structure used for the lodging or feeding of animals must be located at least 150 feet from any side and rear property line or from any highway right-of-way line.

A private stable, riding academy or commercial stable shall comply with the provisions of § 150-42B(1) of this section.

Required off-street parking must be provided, in compliance with the provisions of § 150-59 of this chapter.

Where there are two or more structures containing multiple dwellings on the same lot, there shall be provided a distance between structures which shall not be less than 1 1/2 times the average height of the adjoining structures.

All parking areas shall be landscaped and screened.

No more than six such attached dwellings shall be included in any single building.

All parking areas shall be landscaped and screened and shall be in compliance with the provisions of § 150-59 of this chapter.

A dumpster must be provided for residential trash generated on-site, which shall be landscaped and screened from public view.

Such mobile home must be located in a mobile home park, as defined and regulated in this chapter. (See § 150-63.)

The Code Enforcement Officer may issue a temporary permit for not more than one mobile home, not located in a mobile home park, to the owner of property who first procures a permit to build upon such property and desires to live in said mobile home during the construction period. Such temporary permit may be revoked on 10 days' notice to the owner of the property and may be revoked by the Inspector if construction of the building for which the temporary permit has been issued does not commence within three months' time or is terminated. Such mobile home shall be immediately removed from the construction site following the revocation of the temporary permit or issuance of a permanent certificate of occupancy.

Such mobile home park shall be an extension of or an improvement to an existing mobile home park.

Such mobile home park shall comply with the provisions of § 150-63 of this chapter.

The area of the lot shall be at least 70% of the minimum lot area that would be required for new construction of the equivalent number of dwelling units, unless otherwise approved as part of site plan approval.

The minimum side yard requirements for the district shall be met.

Parking requirements shall be met, and no parking space shall be located closer than five feet to any side lot line.

Such conversion shall meet the applicable regulations of the New York State Uniform Fire Prevention and Building Code.

A landscaped buffer area shall be provided between any playground and an abutting lot.

No more than 50% of the lot shall be covered by buildings and pavement. Areas not so covered shall be improved with grass, ground cover, shrubs and/or trees.

Such use shall be located in an owner-occupied dwelling unit and on the same lot. No more than 35% of such dwelling may be so used for above occupation.

Such use shall be conducted by persons living in the dwelling unit and not more than one additional person who does not live in such unit.

All activity, including storage, shall be conducted entirely within the dwelling unit or accessory building, and no special construction or structural alteration is required.

The use shall not display or create outside the building any evidence of the home occupation, except that one nonilluminated sign, not more than three square feet, may be posted.

No offensive traffic, noise, odor, smoke, dust, heat, glare or electrical disturbance shall be produced by the home occupation.

Access drives to parking lots shall be a minimum of 18 feet in width for one-way traffic, a minimum of 24 feet in width for two-way traffic and a maximum of 30 feet in width and must be well defined by curbs or landscaping.

Common drives on property are encouraged.

Access drives to parking and storage areas shall be a minimum of 18 feet in width for one-way traffic, a minimum of 24 feet in width for two-way traffic and a maximum of 30 feet in width and must be well defined by curbs or landscaping.

No more than 50% of any required front yard area shall be paved. Any unpaved area on the site shall be improved with trees, shrubs, ground cover and other forms of landscaping.

No access or egress driveway shall have its center line located less than 50 feet from the intersection of any two street right-of-way lines.

Access drives shall be a minimum of 18 feet in width for one-way traffic, a minimum of 24 feet in width for two-way traffic and a maximum of 30 feet in width and must be well defined by curbs or landscaping.

Any stored liquid fuel, oil or similar substance shall be stored in compliance with state and federal regulations.

No major repair work is conducted outside of a structure and all automobile parts, dismantled vehicles and similar articles are stored inside a structure.

Landscaping shall be provided adjacent to all public streets.

Access drives shall be a minimum of 18 feet in width for one-way traffic, a minimum of 24 feet in width for two-way traffic and a maximum of 30 feet in width and must be well defined by curbs or landscaping.

Outdoor lighting shall be located and designed so as not to produce glare on adjacent streets and properties.

Landscaping shall be provided adjacent to all public streets.

Access drives shall be a minimum of 18 feet in width for one-way traffic, a minimum of 24 feet in width for two-way traffic and a maximum of 30 feet in width and must be well defined by curbs or landscaping.

A landscaped buffer strip shall be provided between such use and any adjacent residential lot.

Such machine shall not be attached or secured in any way to any pipe, pole, tree or standard owned or controlled by the state, county or Town.

The location of such machine shall be no less than 25 feet from the intersection of two curblines or edge-of-pavement lines.

The location of such machine shall not reduce the unobstructed width of any sidewalk to less than 40 inches.

No such boat, trailer or similar recreational equipment or recreational vehicle shall be parked or stored out-of-doors on a lot upon which a principal building does not exist, unless such a vehicle is stored in excess of 200 feet from the front property line.

All boats, boat trailers, recreational trailers and recreational vehicles shall be parked or stored in a secure manner so as to avoid being a safety hazard.

Visiting trailers at private residences in the RR district may obtain a permit to remain for a period of six months, as long as the trailer sits behind the front line of the house, does not encroach upon the side yard setback and does not create a detriment to the health, safety or welfare of the neighborhood or community. Visiting trailers at private residences in SR and UR Districts may obtain a permit for 90 days per year. The Code Enforcement Officer shall check on those conditions at least once every 90 days. These trailers are to be used for sleeping purposes only.

Shall be designed and installed in conformance with current International Building Code requirements, as incorporated into the New York State Uniform Code, and manufacturer's suggestions. In case of conflict between these sources, the International Building Code shall control.

Roof-mounted solar energy systems:

Small-scale ground-mounted solar energy systems:

All structures shall be set back a minimum of 200 feet from any road or highway.

A landscaped buffer strip shall be planted to screen any structures from an adjacent highway.

Such camps and structures shall comply with all applicable state, county and federal regulations.

In the RR District, all structures, pens and exercise runways shall be located at least 300 feet from any property line. A minimum of five acres is required to operate a kennel.

In the BT or I Districts, the following shall apply:

A landscaping and drainage plan shall be approved by the Planning Board.

No more than 50% of any required front yard area shall be paved. All unpaved areas on the site shall be improved with trees, shrubs, ground cover and other forms of landscaping.

In the case of two or more structures or buildings on the same lot containing multiple dwellings, there shall be provided a distance between structures or buildings which shall not be less than 1 1/2 times the average height of the adjoining structures.

Such project shall be sponsored by an organization legally established and registered in the State of New York.

Landscaping shall be provided around parking lots and adjacent to all public streets.

The facility must be used as a church facility for religious purposes more than 70% of the time.

No more than 50% of the gross lot area shall be covered with impermeable surfaces, including buildings and pavement.

No more than 50% of any required front yard shall be paved.

Landscaping shall be provided around parking lots and adjacent to all public streets.

Any dwelling so used shall be occupied by its owner and shall contain no more than six rooms to rent or lease for profit.

No more than 50% of any required front yard area shall be paved or used for parking.

One sign advertising such use shall be permitted, six square feet in area, and, if illuminated, shall not be flashing.

Any dwelling so used shall be occupied by its owner and shall contain no more than six rooms to let for profit.

One sign advertising such use shall be permitted, six square feet in area, and, if illuminated, shall not be flashing.

There shall be no outdoor storage of refuse, feed or other material and no on-site incineration of refuse.

A landscaped buffer strip shall be provided along the side and rear property lines that are adjacent to any residential lot.

Dust, smoke, smog, observable gas, fumes, odors or other atmospheric pollutants shall be limited, and such emissions shall be in conformity with all government rules and regulations.

Noise, glare or vibration shall not be created.

No activity shall create a physical hazard to persons or property by reason of fire, explosion or radiation.

There shall be no discharge of any liquid or solid waste into any stream or body of water or into any disposal system that may contaminate any water supply or groundwater.

All industrial processes shall take place within an enclosed building. Incidental storage of materials out-of-doors is permitted.

The discharge of radioactive gases or liquid effluents shall be maintained within the limits specified by the New York State Department of Health and by the United States Atomic Energy Commission. Evidence of such compliance shall be provided to the Town Health Officer upon request.

There shall be no storage of material, either indoors or outdoors, which results in the breeding of vermin or endangers health in any way.

All such uses shall be set back from any side or rear property line a distance adequate to enable access by firefighting equipment.

A planted and maintained buffer strip shall be provided for a visual screen between the industrial use and abutting residential or business districts.

All applicable requirements of the New York State Uniform Fire Prevention and Building Code shall apply and are incorporated herein.

Receivers shall not be located in any front or side yard area unless no other location is technically or physically feasible.

Satellite dish receivers shall not be mounted on the roof of any building or vehicle except if the receiver is 36 inches or less in diameter.

Alternative energy supply systems shall be appropriately screened from adjoining properties and rights-of-way. Wind energy collectors (including windmills and wind turbines) and solar and geothermal residential systems in residential districts that are not physically a part of the principal structure (such as solar panels) shall not be located in the front yard, with the exception of solar-powered lights. The minimum lot size required for wind energy collectors in residential districts is five acres.

Each application for a wind energy collector shall be accompanied by a complete plan, drawn to scale, showing the location of any tower on the lot; the locations of all other structures, power lines or other utility lines on the lot; dimensions and sizes of the various structural components of the tower construction; and either a certification by a professional engineer or the manufacturer's certification that any tower was designed to withstand wind load requirements for structures as set forth in the New York State Uniform Fire Prevention and Building Code.

A wind energy collector shall not exceed a total height of 100 feet (including any blade in the vertical position) and shall have a fall-zone radius of 1.5 times the proposed total height (including the blades) that is wholly contained on the lot where it is located. Guy wires and anchors for the tower shall not be located closer to any lot line than five feet.

The lowest portion of any blade for a wind energy collector may not at any time be closer than 25 feet to the ground.

Any climbing apparatus on the outside of a tower for a wind energy collector shall be no lower than 12 feet from the ground.

No wind energy collector 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, blades, and turbine components.

All vehicle dismantling facilities must comply with the provisions of New York Environmental Conservation Law Article 27, Title 23, Vehicle Dismantling Facilities, as it may be amended from time to time. Copies of all reports submitted by the operator to the New York Department of Environmental Conservation must be filed with the Town of Ontario within 10 days of submission to the Department of Environmental Conservation. Any hazardous spill or other release shall be immediately disclosed to the Town of Ontario.

All outside storage areas shall be fully screened from view by adjoining properties and roads by a fence and/or vegetative barrier approved by the Planning Board, including the screening style, design and appearance.

All towing and impound yards, outside storage areas, customer parking, driveways and maneuvering areas shall be hard-surfaced with concrete, asphalt, stone or approved engineered surface.

All outside storage areas shall be located on a properly drained site that is properly graded to ensure drainage consistent with DEC standards and to ensure that the site remains free from stagnant pools of water. A site drainage, stormwater and sanitary sewer plan and grading plan, with adequate facilities to dispose of any runoff and any contaminants, shall be approved by the Planning Board.

All vehicles stored outside shall be free of all fluids (engine coolant, oil, transmission fluid, air-conditioning refrigerant, gasoline, etc.) and hazardous materials and substances, such as mercury, sodium aride, etc. A fluid drainage, hazardous material/substance removal and disposal plan shall be provided that complies with all federal, state and local standards and shall be approved by the Planning Board.

All removal and storage of fluids, removal and storage of any hazardous materials and substances and/or dismantling of vehicles shall be conducted in an enclosed structure in accordance with a formal, written plan approved by the Planning Board.

All arriving vehicles and parts are to be stored inside an enclosed structure or behind the visual barrier with sufficient safeguards (i.e., video surveillance, security, or theft prevention devices) to prevent theft prior to a vehicle being stored outside in the vehicle storage area.

There shall be a vehicle, inventory and sales management system to identify and locate all vehicles and parts, which shall be a nationally recognized software or system.

The construction or operation of the vehicle recycling facility shall not add to the contamination of the soil, alter groundwater flow, create additional drainage runoff or alter topography in such a way that creates hazards to the proposed site, adjoining properties, or the Town in accordance with state and federal regulations.

Vehicle recycling facilities shall construct and maintain a permanent primary building.

Adequate off-street customer and employee parking shall be provided and shall be approved by the Planning Board. Customer parking must be separate from any vehicle storage area and accessible from a public road without being restricted with fences or gates.

A vehicle parking plan that demonstrates that vehicles awaiting processing, stored vehicles and partial vehicles are stored in a unified, organized manner clear of obstructions.

A minimum of a twenty-foot-wide drive accessway with a forty-four-foot-wide outside turning radius shall be provided between every two rows of vehicles to facilitate emergency vehicles and tow vehicles.

Vehicles shall only be stacked to the height of the visual barrier on storage racking, or one vehicle height when stored on the ground.

An area may be designated for vehicles awaiting removal from the premises which are crushed (flattened) vehicles or vehicles to be crushed and may be stacked to a height no greater than the height of the adjoining screening. The Planning Board shall approve the location of such designated area for crushed vehicles, including the number of vehicles which may be stacked and the overall height of such stacked vehicles.

Vehicle recycling facilities shall not allow objectionable smoke, noise, odors, or other adverse impacts on adjoining properties or the Town. No burning of any waste materials is permitted unless it is a part of an approved contained heat system specifically for reuse of waste fluids.

All grounds and buildings shall be maintained free of insect and rodent harborage and infestation. Vehicle recycling, towing and impound facilities and outside storage facilities shall be maintained free of organic waste or inappropriately stored flammable materials. Materials that are customary to the business shall be stored in accordance with applicable laws. Vehicle storage must be maintained free of vegetation.

Site lighting and operational lighting shall be installed so that it does not create traffic hazards or impacts on adjacent land uses. A lighting plan shall be approved by the Planning Board.

Within 62 calendar days from the public hearing, a decision to approve, with or without modification, or to disapprove the special use permit application shall be made by the reviewing agency. Failure to act within such sixty-two-day period shall be tantamount to approval and shall be authorization for the Code Enforcement Officer to issue a permit.

The period for making a decision may be extended by mutual consent of the applicant and the reviewing agency. Approval of any special permit shall be conditioned on the provision of adequate safeguards to protect the health, safety and general welfare of the public and to mitigate possible detrimental effects on adjacent property.

The land use or activity is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.

The existence of the proposed land use activity will not cause substantial injury to the value of other property in the neighborhood where it is to be located.

The proposed land use or activity will be reasonably compatible with adjoining development and the implied character of the zoning district where it is to be located.

Adequate landscaping and similar screening will be provided.

Adequate off-street parking and loading will be provided, and ingress and egress are so designed as to cause minimal interference with traffic on abutting streets.

The proposed development will minimize erosion and will not result in increased surface water runoff on abutting properties.

Existing roads and utilities serving the proposed development shall be adequate so that provision for needed upgrading is satisfactory.

The proposed use or activity will conform with applicable Town, county, state and federal regulations.

The placement, construction and major modification of roof-mounted solar energy systems shall only be permitted upon issuance of a building permit (pursuant to Article X) based on special application materials supplied by the Town Building and Code Department.

Height. Roof-mounted solar energy systems shall be subject to the applicable height restrictions for the respective zoning district.

Roof-mounted solar energy system design standards. Roof-mounted solar energy system installations shall comply with the following design criteria:

Roof-mounted solar energy systems shall be exempt from site plan review under the Zoning Ordinance of the Town of Ontario, but shall not be constructed without a building permit first being issued pursuant to Article X and this section.

The placement, construction and major modification of Type 1 ground-mounted solar energy systems shall only be permitted upon issuance of building permit (pursuant to Article X) based on special application materials supplied by the Town Building and Code Department.

Height. Ground-mounted Type 1 solar energy systems shall not exceed a maximum height of 15 feet as measured from the highest point of any solar panel (oriented at maximum tilt) or solar energy equipment to the ground directly beneath it.

Setbacks. Ground-mounted Type 1 solar energy systems setbacks shall be twice the standard setbacks for accessory buildings or structures within the zoning district in which it is located, but in no event shall any such setback be less than 20 feet.

Coverage. Ground-mounted Type 1 solar energy systems ground coverage shall not exceed the allowable total surface or area coverage for accessory buildings or structures within the zoning district in which it is located and in no event shall the combination of all accessory buildings and structures located on the premises exceed 20% coverage of the entire area of such parcel. For purposes of this provision, coverage shall be calculated based upon the total surface area of the solar panels at minimum tilt.

Glare. All solar panels shall have antireflective coating(s).

All ground-mounted Type 1 solar energy systems must be installed in the side or rear of the property.

All applications for ground-mounted Type 1 solar energy systems for businesses (including multifamily dwellings) or farms, to the extent permitted by law, shall be subject to site plan review pursuant to § 300-128. Applications for Type 1 solar energy systems for use on residential parcels may be subject to site plan review at the sole discretion of the Code Enforcement Officer.

Pursuant to 6 NYCRR 617.5, all Type 1 solar energy systems shall be deemed to be Type 2 actions for purposes of review under the New York State Environmental Quality Review Act (6 NYCRR Part 617).

If the location of the proposed project is to be leased (either building facade or surface and/or real property), proof of legal consent between all parties, specifying the use(s) of the leased area(s) for the duration of the project, including any signed lease agreement, easements and other agreements between the parties. Any lease agreement between the applicant and an initial landowner shall conform to or be amended such that it conforms with the requirements for applicant and initial landowner as set forth in the decommissioning agreement referenced in Subsection D(1)(a)(j) below.

Plans and drawings for the Type 2 commercial building and roof-mounted solar energy system, signed by a professional engineer, showing the proposed layout of the solar energy system along with providing a description of all components, any non-building-mounted improvements or infrastructure, any proposed clearing and grading of the lot(s) on which the structure housing a commercial building and roof-mounted solar energy system is situate, any anticipated or possible stormwater runoff or erosion disturbances resulting from the placement of the commercial building and roof-mounted solar energy system, and utility lines (both aboveground and below-ground) on the site and adjacent to the site. The applicant shall also provide a structural analysis signed by a professional engineer demonstrating the structural adequacy of the building upon which a commercial building and roof-mounted solar energy system is to be placed to support such system in a safe fashion.

Submitted plans and drawings shall show all property lot lines and the location and dimensions of all existing buildings or structures and uses on any parcel within 250 feet of the outer perimeter of the commercial building and roof-mounted solar energy system.

Equipment specification sheets shall be provided for all solar panels, significant components, mounting systems, inverters or other solar energy equipment that are to be installed.

A property operation and maintenance plan which describes all ongoing or periodic maintenance of the solar energy system and upkeep of the property that houses such Type 2 commercial building and roof-mounted solar energy system. Such plan shall provide for biennial preventative maintenance site inspections that will include a representative from the owner or operator of the solar energy system and the Code Enforcement Officer (or his/her designated representative). Additionally, the owner or operator shall provide the Code Enforcement Officer with reports of annual safety inspections of the solar energy system, as well as quarterly reports of inspection of the security systems relating to such solar energy system. Said plan shall demonstrate how the applicant (or the successor owner of the solar energy system) shall ensure proper removal and disposal of all solar panels and/or solar energy equipment that becomes inoperable or is no longer being utilized, and the same shall be disposed of outside the jurisdictional limits of the Town of Ontario, unless there is a properly certified and/or licensed recycling facility within the Town that recycles solar panels and solar energy equipment.

Clearing, grading, stormwater and erosion control plan. If deemed desirable by the Planning Board, Zoning Board of Appeals or the Town's professional engineer or consultant, applicant shall submit an engineered stormwater and erosion control plan to the Town of Ontario Engineer for its review and approval which shall demonstrate that post-development runoff, storm drainage and erosion will not be negatively impacted by placement of the commercial building and roof-mounted solar energy system on the site.

Parking and truck traffic. Applicant shall designate a parking area on the site of the solar energy system for employees of the applicant (or the successor owner of the solar energy system) to park when providing monitoring or maintenance of the solar energy system. Additionally, the plans and drawings for a commercial building and roof-mounted solar energy system shall show adequate staging areas during the construction process to ensure that roadways are not impacted by delivery of materials. The plans and drawings shall also show all areas in which stock-piling of materials and equipment will take place during construction. Applicant shall provide data on anticipated truck trips per day, including during peak material delivery periods, which shall also be provided to the New York State Department of Transportation.

Any such additional information as may be required by the Town's professional engineer or consultant, Town of Ontario Planning Board, Town of Ontario Zoning Board of Appeals, Town Attorney or Code Enforcement Officer.

Decommissioning plan. To ensure the proper removal of a Type 2 commercial building and roof-mounted solar energy system after such improvements are no longer reasonably operable or have been abandoned, a decommissioning plan shall be submitted as part of the application. The decommissioning plan shall contain a written and visual record of the original site condition (prior to installation of any solar energy equipment) to facilitate complete remediation upon decommissioning. The decommissioning plan must specify that after the commercial building and roof-mounted solar energy system is no longer operational or has been abandoned, it shall be removed by the applicant or any subsequent owner of the improvements. The plan shall demonstrate how the removal of all infrastructure of the Type 2 commercial building and roof-mounted solar energy system and all solar energy equipment shall be conducted to return the structure(s) and parcel housing such system to its original state prior to construction. The plan shall also include an expected timeline for execution and a cost estimate detailing the projected cost of executing the decommissioning plan, which is to be prepared by a professional engineer or reputable contractor. Cost estimations shall take into account inflation and shall be based on the operating life expectancy of the system.

Prior to obtaining a building permit and as a condition to issuance of any special use permit, the applicant and initial landowner must enter into a decommissioning agreement with the Town that sets forth the obligations of the applicant and/or the initial landowner to properly decommission the solar energy system if the use of such system is discontinued, abandoned or becomes inoperable pursuant to this section. Said decommissioning agreement shall require the applicant to provide an irrevocable financial security bond (or other form of surety acceptable to the Town of Ontario, at its discretion) for the removal of the Type 2 commercial building and roof-mounted solar energy system, with Ontario as the designated assignee/beneficiary, in an amount approved by the Planning Board which is equal to 110% of the estimated removal cost. The bond or surety shall provide for an annual increase in the amount of the surety to compensate for the cost of inflation or any other anticipated increase in costs of removal. Each year after a Type 2 commercial building and roof-mounted solar energy system has been constructed, and no later than 60 days prior to the anniversary date of the issuance of the building permit for such system, the then owner/permit holder for the system shall provide the Town of Ontario with written proof that the required financial security bond (or other form of surety) is still operable and valid and that such surety has been properly increased to account for inflation or any other anticipated increase in costs of removal as provided for above. The decommissioning agreement shall provide that the initial landowner (or the successor and/or assigns of the initial landowner) shall be responsible for all obligations pursuant to the decommissioning agreement in the event the applicant (or the successor owner of the solar energy system) does not complete all obligations as required by said decommissioning agreement. The decommissioning agreement shall be recorded at the office of the Wayne County Clerk and shall be indexed as deed restrictions against the property upon which the solar energy system is constructed, with the Town as a benefitted party, so as to put all future owners of the subject real property on notice of the obligations contained in the decommissioning agreement.

Height. Type 2 commercial building-mounted solar energy systems shall not be constructed in such a way that any portion of such system is higher than the highest point of the wall upon which it is attached. Commercial roof-mounted solar energy systems shall be constructed such that solar panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof's surface and the highest edge of the solar energy system at any point. Solar panels not facing the front yard can be mounted at any angle relative to the roof's surface, but no portion of the solar energy system shall exceed a maximum height of 18 inches from the surface of the roof to the highest edge of the solar energy system at any point.

Distance from building. Type 2 commercial building-mounted solar energy systems shall not be constructed in such a way that any portion of the solar panels project more than 18 inches from the surface of the wall upon which it is attached.

No part of a roof-mounted solar energy system shall extend above, beyond, or below the edge of the roof it is mounted to. Additionally, the Code Enforcement Officer may require, at his/her sole discretion, a minimum three-foot-wide center walkway for safe access purposes, solar panels affixed to a flat roof shall be placed below the line of sight from a public right-of-way.

Fencing and screening. All solar energy equipment shall be securely enclosed or placed about the property so as to prevent unauthorized access. Warning signs with the owner's contact information shall be conspicuously placed and maintained to aid in preventing injury by unauthorized access.

Glare. All solar panels shall have antireflective coating(s).

Number of Type 2 commercial building and roof-mounted solar energy systems allowed per lot. No more than one commercial building and roof-mounted solar energy system may be permitted and allowed per lot or parcel, regardless of lot size.

Any Type 2 commercial building and roof-mounted solar energy system shall be accessible for all emergency service vehicles and personnel to the satisfaction of the Wayne County Office of Emergency Management Services and local Fire Chief.

After completion of a Type 2 commercial building roof-mounted solar energy system, the applicant shall provide a post-construction certificate from a professional engineer registered in New York State stating that the solar energy system complies with all 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 powers related to the completion of a commercial building and roof-mounted solar energy system.

Any application under this section shall meet substantive site plan requirements in Article XIV that, in the judgment of the Ontario Town Planning Board, are applicable to the solar energy system being proposed.

Prior to determination or issuance of any permit, all Type 2 commercial building and roof-mounted solar energy system applications shall be subject to review pursuant to the New York State Environmental Quality Review Act (6 NYCRR Part 617). The Ontario Planning Board and the Ontario Zoning Board of Appeals shall conduct a coordinated review.

Time limit on completion. After receiving site plan approval and special use permit approval of a Type 2 commercial building and roof-mounted solar energy system, an applicant shall obtain a building permit within 36 months of such approvals or the approvals shall automatically terminate and be deemed null and void. Additionally, the applicant shall complete construction of an approved (site plan and special use permit) commercial building and roof-mounted solar energy system within 36 months of obtaining such approvals or the approvals shall automatically terminate and be deemed null and void and be of no force an effect at law.

General complaint process. During construction, the Code Enforcement Officer can issue a stop-work order at any time for any violations of a special use permit approval or condition, site plan approval or condition or building permit. After construction is complete, the permit holder of a commercial building and roof-mounted solar energy system shall establish a contact person, including name and telephone number, for receipt of any complaint concerning any permit, approval, maintenance, or operational requirements.

Inspections. Upon reasonable notice, the Town of Ontario Code Enforcement Officer, or his or her designee, may enter a lot on which a Type 2 commercial building and roof-mounted solar energy system has been approved for the purpose of determining compliance with any requirements or conditions of this section or any approval given or permit issued pursuant to this section. Twenty-four hours' notice by telephone to the owner/operator or designated contact person shall be deemed reasonable notice. Furthermore, a Type 2 commercial building and roof-mounted solar energy system shall be inspected by a New York State licensed professional engineer that has been approved by the Town of Ontario at any time upon a determination by the Town's Code Enforcement Officer that damage to such system may have occurred, and a copy of the written inspection report shall be submitted to the Code Enforcement Officer. Any fee or expense associated with this inspection shall be borne entirely by the permit holder and shall be reimbursed to the Town of Ontario within 30 days after delivery to the permit holder of an invoice substantiating such charges. Any failure to pay such reimbursable charges may result in revocation of any special use permit granted. The Town of Ontario reserves the right to levy all such unreimbursed expenses onto the real property tax bill associated with the real property upon which the commercial building and roof-mounted solar energy system is located.

If the property of the proposed solar energy system is to be leased, proof of legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements between the parties. Any lease agreement between the applicant and an initial landowner shall conform to or be amended such that it conforms with the requirements for applicant and initial landowner as set forth in the decommissioning agreement referenced in Subsection E(1)(m) below. Applicant shall be required to provide, as part of the application, any lease agreement, easements and other agreements between itself and the initial landowner or any owner of property contiguous to the land upon which the solar energy system (or any component thereof, including accessways or utility lines) shall be constructed.

Plans and drawings for the Type 2 ground-mounted solar energy system, signed by a professional engineer, showing the proposed layout of the solar energy system, along with providing a description of all components, existing vegetation, any proposed clearing and grading of the lot(s) involved, any anticipated or possible stormwater or erosion disturbances, and utility lines (both aboveground and below-ground) on the site and adjacent to the site.

Submitted plans and drawings shall show all property lot lines and the location and dimensions of all existing buildings or structures and uses on any parcel within 750 feet of the outer perimeter fence line of the Type 2 ground-mounted solar energy system.

Equipment specification sheets shall be provided for all solar panels, significant components, mounting systems, inverters and other solar energy equipment that are to be installed.

A property operation and maintenance plan which describes all ongoing or periodic maintenance of the Type 2 ground-mounted solar energy system and property upkeep, such as mowing and trimming, which shall also include details of anticipated use of pesticides, herbicides and other chemicals for vegetative abatement and/or maintenance. The plan shall demonstrate that the use of any pesticide, herbicide or other chemical will be in compliance with all local, state and federal regulations and shall further demonstrate that alternatives to chemical treatments have been prioritized to the extent reasonably possible. Such plan shall provide for biennial preventative maintenance site inspections that will include a representative from the owner or operator of the solar energy system and the Code Enforcement Officer (or his/her designated representative). Additionally, the owner or operator shall provide the Code Enforcement Officer with reports of annual safety inspections of the solar energy system, as well as quarterly reports of inspection of the security systems relating to such solar energy systems. Said plan shall demonstrate how the applicant (or the successor owner of the solar energy system) shall ensure proper removal and disposal of all solar panels and/or solar energy equipment that becomes inoperable or is no longer being utilized, and the same shall be disposed of outside the jurisdictional limits of the Town of Ontario, unless there is a properly certified and/or licensed recycling facility within the Town that recycles solar panels and solar energy equipment. Said plan shall also obligate the applicant (or the successor owner of the solar energy system) to provide the Town, not less than every other year (commencing the second year after the solar energy system is commercially operable), with test results from soil sampling collected and analyzed pursuant to the New York State Department of Agriculture and Markets Guidelines for Solar Energy Projects — Construction Mitigation for Agricultural Lands (or similar successor document of the Department of Agriculture and Markets) that are in effect as of the date of sampling to demonstrate that the soils upon which the solar energy system is constructed have not been contaminated in any fashion as a result of the solar energy system placed on the property. Such test results shall be compared to the preconstruction soil sample analysis referenced in Subsection E(1)(j) (Predevelopment site conditions) below.

Clearing, grading, stormwater and erosion control plan. Applicant shall submit an engineered stormwater and erosion control plan to the Town of Ontario Engineer for its review and approval, which shall demonstrate that post-development runoff, storm drainage and erosion will not be negatively impacted by placement of the Type 2 solar energy system on the site.

Parking and truck traffic. Applicant shall designate a parking area on the site of the solar energy system for employees of the applicant (or the successor owner of the solar energy system) to park when providing monitoring or maintenance of the solar energy system. Additionally, the plans and drawings for a Type 2 ground-mounted solar energy system shall show adequate staging areas during the construction process to ensure that roadways are not impacted by delivery of materials. The plans and drawings shall also show all areas in which stock-piling of materials and equipment will take place during construction. Applicant shall provide data on anticipated truck trips per day, including during peak material delivery periods, which shall also be provided to the New York State Department of Transportation.

Noise study. Applicant shall provide a noise study of the impacts of construction and operation of the proposed solar energy system. Said study shall reference any of the existing regulations or suggested industry or development standards put out by the NYS Office of Renewable Energy Siting. Such study shall analyze the projected noise levels for both daytime and nighttime periods generated by the solar energy system and all collector substation equipment relative to all surrounding dwellings.

Viewshed/line-of-site analysis. Applicant shall provide a viewshed/line-of-site analysis, with scaled color visual renderings to demonstrate the adequacy of proposed buffering/screening at the completion of construction of the solar energy system, and similar visual renderings of the projected maturation of the buffering/screening at five years and 10 years after completion of the solar energy system. The Planning and/or Zoning Board of Appeals may require the above viewshed/line-of-site analysis and scaled color visual renderings from multiple angles or perspectives as it/they deem appropriate.

Predevelopment site condition. Applicant shall provide a written and visual record of the predevelopment site condition (which shall include the site condition prior to any logging/timber harvest or clearing of land in anticipation of the development of a solar energy system), which must be verified as being complete by the Building and Zoning Department, to facilitate full and proper remediation of the site upon decommissioning. As part of this record, applicant shall provide an analysis of preconstruction soil samples, with such samples collected and analyzed pursuant to the New York State Department of Agriculture and Markets Guidelines for Solar Energy Projects — Construction Mitigation for Agricultural Lands (or similar successor document of the Department of Agriculture and Markets) that are in effect as of the date of sampling. Such samples shall be taken from various locations on the property on which the solar energy system is to be located and are specifically intended to demonstrate the predevelopment condition and properties of the soils to ensure that full and proper remediation of the site occurs upon decommissioning.

Any such additional information as may be required by the Town's professional engineer or consultant, Town of Ontario Planning Board, Town of Ontario Zoning Board of Appeals, Town Attorney or Code Enforcement Officer.

Decommissioning plan. To ensure the proper removal of Type 2 ground-mounted solar energy systems after such improvements are no longer reasonably operable or have been abandoned, a decommissioning plan shall be submitted as part of the application. The decommissioning plan must specify that after the Type 2 ground-mounted solar energy system is no longer operational or has been abandoned, it shall be removed by the applicant or any subsequent owner of the improvements and/or the subsequent owner of the property upon which the Type 2 ground-mounted solar energy system is placed. The plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction. The plan shall also include an expected timeline for execution and a cost estimate detailing the projected cost of executing the decommissioning plan, which is to be prepared by a professional engineer or reputable contractor. Cost estimations shall take into account inflation and shall be based on the operating life expectancy of the system. The salvage value of the solar energy equipment shall not be accounted for in the estimated cost of implementing the decommissioning plan. The financial security shall be updated every fifth year thereafter, specifying changes to estimated cost of implementing the decommissioning plan.

Prior to obtaining a building permit and as a condition to issuance of any special use permit, the applicant and initial landowner must enter into a decommissioning agreement with the Town that sets forth the obligations of the applicant and/or the initial landowner to properly decommission the solar energy system if the use of such system is discontinued, abandoned or becomes inoperable pursuant to this section. Said decommissioning agreement shall require the applicant to provide an irrevocable financial security bond (or other form of surety such as, but not limited to, letters of credit, etc., that are acceptable to the Town of Ontario, at its discretion) for the removal of the Type 2 solar energy system, with Ontario as the designated assignee/beneficiary, in an amount approved by the Planning Board which is equal to 150% of the estimated removal cost. The bond or surety shall provide for an annual increase in the amount of the surety to compensate for the cost of inflation or any other anticipated increase in costs of removal. Each year after a Type 2 ground-mounted solar energy system has been constructed, and no later than 60 days prior to the anniversary date of the issuance of the building permit for such solar energy system, the then owner/permit holder for the system shall provide the Town of Ontario with written proof that the required financial security bond (or other form of surety) is still operable and valid and that such surety has been properly increased to account for inflation or any other anticipated increase in costs of removal as provided for above. The decommissioning agreement shall provide that the initial landowner (or the successor and/or assigns of the initial landowner) shall be responsible for all obligations pursuant to the decommissioning agreement in the event the applicant (or the successor owner of the solar energy system) does not complete all obligations as required by said decommissioning agreement. The decommissioning agreement shall be recorded at the office of the Wayne County Clerk and shall be indexed as deed restrictions against the property upon which the solar energy system is constructed, with the Town as a benefitted party, so as to put all future owners of the subject real property on notice of the obligations contained in the decommissioning agreement.

At its sole discretion, the Town of Ontario Planning Board and/or the Town of Ontario Zoning Board of Appeals may refer an application for a Type 2 ground-mounted solar energy system to one or more private consultants for review to assist such board in properly fulfilling its duties. Such consultants may include a professional engineer, attorney, planning consultant or other specialist. All expenses incurred by the Town (through either board) for this purpose shall be reimbursed to the Town by the applicant within 30 days of the Town issuing a detailed invoice to the applicant requesting reimbursement for the same. At its discretion and at any time during the application process, either board may require that the applicant furnish a deposit in an amount that it deems initially sufficient to be used for reimbursement of such expenses. Upon request of the applicant, the board requiring the deposit shall provide a general estimate of anticipated consulting services to be provided and estimated costs for the same. However, any such estimate of services or costs related to such services shall not in any way restrict the level of reimbursement ultimately required to be made by the applicant. It is the specific intention of this section that all expenses relating to professional consulting services rendered to the Town or any of its boards, relating to an application for development of a solar energy system, be borne by the applicant and not the taxpayers of the Town. Any such deposit shall be held in a non-interest-bearing account and shall be used to reimburse the Town for expenses that have been incurred as a result of such consultants. Prior to the Town making any payment or withdrawal from such account, the Town shall provide the applicant with notice of such intended payment and documentation supporting such payment. Applicant shall have the right, within five business days from receipt of such notice, to protest any account withdrawal or payment to a consultant which it contends is not reasonably necessary or is not reasonable in amount. The Town Board shall thereafter have 30 days to provide its determination with regard to the applicant's objection, which shall be provided to the applicant in writing. Should such deposit be depleted prior to final approval, either board may require that additional monies be deposited with the Town before further review of the application will continue. A reviewing board may suspend indefinitely the review of any application as a result of the failure of the applicant to timely remit a required deposit or to promptly reimburse the Town for expenses relating to such consultants. Any such suspension shall supersede any Town or New York State law, rule or regulation relating to the timing of issuance of decisions for such applications.

If a Type 2 ground-mounted solar energy system is proposed to be developed on land that is or could be in agricultural production, the applicant shall demonstrate how the proposed development complies with the then current guidelines as may be established by the New York State Department of Agriculture and Markets relating to construction mitigation for agricultural lands.

The applicant shall be required to facilitate one or more site visits as deemed necessary or desirable by the Planning Board and/or Zoning Board of Appeals.

Height. Type 2 ground-mounted solar energy systems shall not exceed a maximum height of 15 feet, as measured from the highest point of any solar panel (oriented at maximum tilt) or solar energy equipment to the ground directly beneath it.

Setbacks.

Lot/parcel size. Type 2 ground-mounted solar energy systems shall be located on parcels with a minimum lot size of 25 acres.

Lot/parcel coverage. Type 2 ground-mounted solar energy systems shall not exceed 25 acres of coverage on parcels that are 40 acres or more in size. On parcels that are less than 40 acres in size, Type 2 solar energy systems coverage shall not exceed 60% of the total parcel size. The coverage area shall be determined by the area covered by the perimeter of the solar energy system at minimum tilt and shall not include required fencing or access roads.

Glare. All solar panels shall have antireflective coating(s).

Fencing and screening. All Type 2 ground-mounted solar energy systems shall be enclosed by fencing to prevent unauthorized access. Warning signs with the owner's contact information shall be placed and maintained on the entrance and perimeter of the fencing. The fencing and the solar energy system may be required to be further screened by landscaping to avoid adverse aesthetic impacts. All buffering/landscaping materials shall be designed to promote sustainability, diversity and visual variety, which shall include a mixture of plant species, sizes/heights, deciduous and evergreen trees and/or shrubs and shall be noted in detail on a landscaping plan that shall be approved by the Planning Board and/or the Zoning Board of Appeals. The Planning Board and/or the Zoning Board of Appeals shall provide for enhanced screening and buffering for Type 2 solar energy systems that are placed adjacent to residential zoning districts or areas containing residential parcels or that abut a public road.

Number of Type 2 ground-mounted solar energy systems allowed per lot. Only one Type 2 solar energy system shall be allowed per lot or parcel, regardless of lot size.

Recent subdivision of lot/parcel. In order to prevent circumvention of the size and coverage restrictions set forth above, when considering such restrictions, the Zoning Board of Appeals shall consider the lot or parcel to be the largest configuration of the physical area where the Type 2 ground-mounted solar energy system is being proposed that has existed as a separate lot or parcel (with its own Tax Identifier Map parcel number) in the official tax records of the Town of Ontario within the 10 years immediately preceding the application seeking approval for such Type 2 ground-mounted solar energy system. This provision is specifically intended to prevent the owner of land from subdividing such land into smaller parcels that would permit siting of multiple Type 2 ground-mounted solar energy systems on what would have otherwise been a lot or parcel that was restricted to one Type 2 ground-mounted solar energy system that would not exceed 25 acres of coverage.

Vegetation and habitat. Type 2 ground-mounted solar energy system owners/developers shall develop and provide a written vegetation management plan (which shall be approved by the Planning Board and/or the Zoning Board of Appeals) to implement and maintain native, noninvasive plants and vegetation under and around the solar panels, such plantings to provide foraging habitat beneficial to game birds, songbirds and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, owners/developers shall use native, noninvasive plant species and seed mixes.

Any Type 2 ground-mounted solar energy system shall be accessible for all emergency service vehicles and personnel to the satisfaction of the Wayne County Office of Emergency Management Services Director and local Fire Department Chief.

After completion of a Type 2 ground-mounted solar energy system, the applicant shall provide a post-construction certificate from a professional engineer registered in New York State, certifying that the Type 2 solar energy system complies with all 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 powers related to the completion of a Type 2 ground-mounted solar energy system.

Any application under this section shall meet substantive site plan requirements that, in the judgment of the Ontario Town Planning Board, are applicable to the system being proposed.

The Planning Board shall be required to hold a public hearing relating to site plan for any Type 2 ground-mounted solar energy system.

Prior to determination or issuance of any permit, all Type 2 ground-mounted solar energy system applications shall be subject to review pursuant to the New York State Environmental Quality Review Act (6 NYCRR Part 617). All applications (site plan and special use permit) for approval of a Type 2 ground-mounted solar energy system shall be deemed to be Type 1 actions for purposes of compliance with the New York State Environmental Quality Review Act. The Town Planning Board and/or Zoning Board of Appeals has the authority, pursuant to 6 NYCRR 617.4(a)(1) and (2), to classify such actions in addition to the list established by such statute. The Planning Board and the Zoning Board of Appeals shall conduct a coordinated review. Such review shall not be completed or closed out, and a final determination of significance made, until after the review of the application has been completed.

The development and operation of a Type 2 ground-mounted 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 Ontario or other federal or state regulatory agencies. The Ontario Town Planning Board and the Ontario Zoning Board of Appeals may impose conditions on the approval of any site plan or special use permit under this section to enforce the standards referred to in this section or to discharge its obligations under the State Environmental Quality Review Act.

Time limit on completion. After receiving site plan approval and special use permit approval of a Type 2 ground-mounted solar energy system, an applicant shall obtain a building permit within 36 months of such approvals or the approvals shall automatically terminate and be deemed null and void. The above time period may be extended by each of the approving boards, at their sole discretion, upon a showing of good cause by the applicant. Additionally, the applicant shall complete construction of an approved (site plan and special use permit) Type 2 ground-mounted solar energy system within 36 months of obtaining such approvals or the approvals shall automatically terminate and be deemed null and void and be of no force and effect at law. The above time period may be extended by each of the approving boards, at their sole discretion, upon a showing of good cause by the applicant.

General complaint process. During construction, the Code Enforcement Officer can issue a stop-work order at any time for any violations of a special use permit approval or condition, site plan approval or condition or building permit. After construction is complete, the permit holder of a Type 2 ground-mounted solar energy system shall establish a contact person, including name and telephone number, for receipt of any complaint concerning any permit, approval, maintenance, or operational requirements.

Inspections. During construction and upon reasonable notice, the Town of Ontario Code Enforcement Officer, or his or her designee, may enter a lot on which a Type 2 ground-mounted solar energy system has been approved for the purpose of determining compliance with any requirements or conditions of this section or any approval given or permit issued pursuant to this section. Twenty-four hours' notice by telephone to the owner/operator or designated contact person shall be deemed reasonable notice. After construction is completed and the Solar energy System is operational, upon reasonable cause at the discretion of the Town of Ontario Code Enforcement Officer, or his or her designee, said Code Enforcement Officer (or his or her designee) may, upon reasonable notice, enter a lot on which a Type 2 ground-mounted solar energy system has been approved for the purpose of determining compliance with any requirements or conditions of this section or any approval given or permit issued pursuant to this section. Furthermore, a Type 2 ground-mounted solar energy system shall be inspected by a New York State licensed professional engineer that has been approved by the Town of Ontario at any time upon a reasonable determination by the Town's Code Enforcement Officer that damage to such system may have occurred, and a copy of the written inspection report shall be submitted to the Code Enforcement Officer. Any fee or expense associated with this inspection shall be borne entirely by the permit holder and shall be reimbursed to the Town of Ontario within 30 days after delivery to the permit holder of an invoice substantiating such charges. Any failure to pay such reimbursable charges may result in revocation of any special use permit granted. The Town of Ontario reserves the right to levy all such unreimbursed expenses onto the real property tax bill associated with the real property upon which the solar energy system is located.

Construction hours. During initial construction or any major replacement of the solar panels or solar energy equipment after initial construction, all construction activities shall be in accordance with the performance standards outlined in Article XVII of the Town of Ontario Zoning Ordinance.

In no event shall such payment in lieu of tax agreement operate for a period of more than 15 years, commencing in each instance from the date on which the benefits of such exemption first become available and effective under Real Property Tax Law § 487.

In no event shall such payment in lieu of tax agreement require annual payments in an amount that would exceed the amount that would otherwise be payable but for the exemption under Real Property Tax Law § 487.

The payment in lieu of tax agreement shall run to the benefit of the Town of Ontario and be executed by the applicant/developer as well as the owners of the real property upon which the solar energy system is to be located, and such signatures shall be notarized in a format that allows the payment in lieu of tax agreement to be recorded at the Office of the Wayne County Clerk. Such payment in lieu of tax agreement shall, prior to commencement of construction, be recorded at the office of the Wayne County Clerk as a lien on and indexed against the property upon which the solar energy system is to be constructed. The intent of the above provisions is so that should the applicant/developer or owner of the solar energy system default with regard to such payment in lieu of tax agreement, such obligation will become the responsibility of the then owner of the property upon which the solar energy system is sited and that failure to satisfy the terms of such agreement will permit the Town of Ontario to enforce such agreement as against the owner of the real property and the real property.

At its sole discretion, the Ontario Town Board may refer an application for a commercial building-mounted solar energy system, commercial roof-mounted solar energy system or Type 2 solar energy system to one or more private consultants to assist such Board in negotiating, drafting and/or reviewing the required payment in lieu of tax agreement. Such consultants may include a professional engineer, attorney, planning consultant or other specialist. All expenses incurred by the Town for this purpose shall be reimbursed to the Town by the applicant within 30 days of the Town issuing a detailed invoice to the applicant requesting reimbursement for the same. At its discretion and at any time during the application process, the Town Board may require that the applicant furnish a deposit in an amount that it deems initially sufficient to be used for reimbursement of such expenses. Upon request of the applicant, the Town shall provide a general estimate of anticipated consulting services to be provided and estimated costs for the same. However, any such estimate of services or costs related to such services shall not in any way restrict the level of reimbursement ultimately required to be made by the applicant. It is the specific intention of this section that all expenses relating to professional consulting services rendered to the Town or any of its boards, relating to an application for development of a solar energy system, be borne by the applicant and not the taxpayers of the Town. Any such deposit shall be held in a non-interest-bearing account and shall be used to reimburse the Town for expenses that have been incurred as a result of such consultants. Prior to the Town making any payment or withdrawal from such account, the Town shall provide the applicant with notice of such intended payment and documentation supporting such payment. Applicant shall have the right, within five business days from receipt of such notice, to protest any account withdrawal or payment to a consultant which it contends is not reasonably necessary or is not reasonable in amount. The Town Board shall thereafter have 30 days to provide its determination with regard to the applicant's objection, which shall be provided to the applicant in writing. Should such deposit be depleted prior to final approval of the required payment in lieu of tax agreement, the Town Board may require that additional monies be deposited with the Town before further processing of the payment in lieu of tax agreement will continue. The Town Board may suspend indefinitely the negotiation and drafting and review of the payment in lieu of tax agreement as a result of the failure of the applicant to timely remit a required deposit or to promptly reimburse the Town for expenses relating to such consultants. Any such suspension shall supersede any Town or New York State law, rule or regulation relating to the timing of issuance of approvals for such payment in lieu of tax agreements.

No building permit may be issued for any approved commercial building-mounted solar energy system, commercial roof-mounted solar energy system or Type 2 solar energy system until such time as a payment in lieu of tax agreement has been executed by all parties.

At its sole discretion, the Ontario Town Board may refer an application for a Type 2 solar energy system to one or more private consultants to assist such Board in negotiating, drafting and/or reviewing the required community benefit agreement. Such consultants may include a professional engineer, attorney, planning consultant or other specialist. All expenses incurred by the Town for this purpose shall be reimbursed to the Town by the applicant within 30 days of the Town issuing a detailed invoice to the applicant requesting reimbursement for the same. At its discretion and at any time during the application process, the Town Board may require that the applicant furnish a deposit in an amount that it deems initially sufficient to be used for reimbursement of such expenses. Upon request of the applicant, the Town shall provide a general estimate of anticipated consulting services to be provided and estimated costs for the same. However, any such estimate of services or costs related to such services shall not in any way restrict the level of reimbursement ultimately required to be made by the applicant. It is the specific intention of this section that all expenses relating to professional consulting services rendered to the Town or any of its boards, relating to an application for development of a solar energy system, be borne by the applicant and not the taxpayers of the Town. Any such deposit shall be held in a non-interest-bearing account and shall be used to reimburse the Town for expenses that have been incurred as a result of such consultants. Prior to the Town making any payment or withdrawal from such account, the Town shall provide the applicant with notice of such intended payment and documentation supporting such payment. Applicant shall have the right, within five business days from receipt of such notice, to protest any account withdrawal or payment to a consultant which it contends is not reasonably necessary or is not reasonable in amount. The Town Board shall thereafter have 30 days to provide its determination with regard to the applicant's objection, which shall be provided to the applicant in writing. Should such deposit be depleted prior to final approval of the required community benefit agreement, the Town Board may require that additional monies be deposited with the Town before further processing of the community benefit agreement will continue. The Town Board may suspend indefinitely the negotiation and drafting and review of the community benefit agreement as a result of the failure of the applicant to timely remit a required deposit or to promptly reimburse the Town for expenses relating to such consultants.

No building permit may be issued for any approved Type 2 solar energy system until such time as a community benefit agreement has been executed by all parties.

In the event that any damage is done to any Town road as a result of the development of an applicant's Type 2 solar energy system, said applicant and/or its 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, or such longer timeframe as determined by the Town Board, at its sole discretion, upon a showing of good cause by the applicant. 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 Town Board, 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 commercial building-mounted solar energy system, commercial roof-mounted solar energy system or Type 2 solar energy system until such time as a road use agreement, as required hereby, has been executed by all parties.

Construction and delivery vehicles for Type 2 solar energy systems shall use traffic routes established as part of the application review process. Factors in establishing such corridors shall include:

Special use permit approval may contain conditions that limit solar energy system related traffic to specified routes and include a plan for disseminating traffic route information to the public.

Not contain any flashing lights.

Be a flat plane, rectangular in shape.

Not exceed 18 square feet or three feet by six feet in area.

Not project at a right angle from the building.

Be affixed or attached to any wall or door of the enterprise.

Building signs shall contain no photographs, silhouettes, drawings, or pictorial representations in any manner and may contain only the names of the enterprise.

Each letter forming a word on a primary sign shall be of solid color, and each such letter shall be the same print type, size, and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color.

No landmark signage.

No pylon or freestanding signage.

No advertising in windows, signs, words, or pictures.

All windows must be tinted and outward viewing only.