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 Seneca Falls, but shall not be constructed without a building permit first being issued pursuant to Article X and this article.

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 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 anti-reflective coatings(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 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 the applicant and initial landowner as set forth in the decommissioning agreement referenced in Subsection A(9) 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 above 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 500 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 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 Seneca Falls, 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, the applicant shall submit an engineered Stormwater and Erosion Control Plan to the Town of Seneca Falls 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. The applicant shall a designated 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 stockpiling of materials and equipment will take place during construction. The 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 Seneca Falls Planning Board, Town of Seneca Falls 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 § 300-136 of this article. Said decommissioning agreement shall require the applicant to provide an irrevocable financial security bond (or other form of surety acceptable to the Town of Seneca Falls at its discretion) for the removal of the Type 2 commercial building and roof-mounted solar energy system, with Seneca Falls 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 Seneca Falls 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 Seneca 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 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 anti-reflective coatings(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 Seneca 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 § 300-128 that, in the judgment of the Seneca Falls 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 617). The Seneca Falls Planning Board and the Seneca Falls 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 12 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 24 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 Seneca Falls 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 article or any approval given or permit issued pursuant to this article. 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 Seneca Falls 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 Seneca Falls 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 Seneca Falls reserves the right to levy all such un-reimbursed 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 hall conform to or be amended such that it conforms with the requirements for the applicant and initial landowner as set forth in the decommissioning agreement referenced in Subsection A(13) below. The 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 access ways 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 storm water or erosion disturbances, and utility lines (both above 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 extant 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 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 Seneca Falls, 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 pre-construction soil sample analysis referenced in Subsection A(9) (Pre-development site conditions) below.

Clearing, grading, stormwater and erosion control plan. The applicant shall submit an engineered stormwater and erosion control plan to the Town of Seneca Falls 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 a designated 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 stockpiling of materials and equipment will take place during construction. The 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. The 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.

Pre-development site condition. The applicant shall provide a written and visual record of the pre-development 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 systems), which must be verified as to 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 pre-construction 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 pre-development 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 Seneca Falls Planning Board, Town of Seneca Falls 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 § 300-136 of this article. 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 Seneca Falls at its discretion) for the removal of the Type 2 solar energy system, with Seneca Falls 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 Seneca Falls 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 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 Seneca 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 Seneca Falls Planning Board and/or the Town of Seneca Falls 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. The 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 of 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 anti-reflective coatings(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, areas containing residential parcels or 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 Seneca Falls 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 Seneca 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 in § 300-128 that, in the judgment of the Seneca Falls 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 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 I 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 Seneca Falls or other federal or state regulatory agencies. The Seneca Falls Town Planning Board and the Seneca Falls Zoning Board of Appeals may impose conditions on the approval of any site plan or special use permit under this article to enforce the standards referred to in this article 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 12 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 24 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.[1] The above time period may be extended by each of the approving boards, at their sole discretion, upon a showing of good cause by 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 Seneca Falls 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 article or any approval given or permit issued pursuant to this article. 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 Seneca Falls Code Enforcement Officer, or his or her designee, said Code Enforcement Officer (or his or her designee) may upon reasonable notice 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 article or any approval given or permit issued pursuant to this article. 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 Seneca Falls 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 Seneca Falls 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 Seneca Falls 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 § 300-26 of the Town of Seneca Falls Zoning Ordinance.

In no event shall such payment in lieu of tax agreement operates 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 requires 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 Seneca Falls 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 Seneca County Clerk. Such payment in lieu of tax agreement shall, prior to commencement of construction, be recorded at the office of the Seneca County Clerk as a lien on the property upon which 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, that 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 Seneca Falls to enforce such agreement as against the owner of the real property and the real property.

At its sole discretion, the Seneca Falls 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. The 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 of 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 Seneca Falls 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. The 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.

Minimizing traffic impacts from construction and delivery vehicles.

Minimizing solar-energy-system-related traffic during times of school bus activity.

Minimizing wear and tear on local roads.

Minimizing impacts on local businesses.

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.