A building permit shall be required for installation of all rooftop-mounted solar energy systems.

If practicable, a rooftop-mounted solar energy system on a pitched roof shall be mounted with a maximum distance of eight inches, or as required by the New York State Uniform Fire Prevention and Building Code, between the roof surface and the highest edge of the system. Rooftop-mounted solar energy systems shall be mounted parallel to the roof plane on which they are mounted. However, in the case of buildings which have a flat roof, a tilted mount may be permitted subject to site plan review before the Planning Board.

In order to ensure firefighter and other emergency responder safety, except in the case of accessory buildings under 1,000 square feet in area, there shall be a minimum perimeter area around the edge of the roof and structurally supported pathways to provide space on the roof for walking around all rooftop-mounted solar energy systems. Additionally, installations shall provide for adequate access and spacing in order to:

Exceptions to these requirements may be requested where access, pathway or ventilation requirements are reduced due to:

In the event any of the standards in this Subsection A are more stringent than the New York State Uniform Fire Prevention and Building Code, they shall be deemed to be installation guidelines only, and the standards of the code shall apply.

In addition to the requirements specified in § 275-47A and B, an applicant must submit the following materials to the Code Enforcement Officer:

Permit review and inspection timeline. Permit determinations will be issued within 14 days upon receipt of complete and accurate applications. The municipality will provide feedback within seven days of receiving incomplete or inaccurate applications. If an inspection is required, a single inspection should be sufficient and will be provided within seven days of inspection request.

A building permit shall be required for installation of all ground-mounted solar energy systems irrespective of the zoning district in which the ground-mounted solar energy system is located.

A special use permit must be obtained from the Planning Board for the installation of all ground-mounted solar energy systems located in the Low Density Residential (LR-40) District and the Medium Density Residential (MR-12) District.

Site plan approval from the Planning Board shall be required for the installation of all ground-mounted solar energy systems located in the Agricultural (A) District, Business (B) District and Industrial (I) District.

Ground-mounted solar energy systems are prohibited in front yards.

The height of the solar collector/panel and any mounts shall not exceed 15 feet in height when oriented at maximum tilt measured from the ground and including any base.

Ground-mounted solar energy systems shall be screened when possible and practicable from adjoining lots and street rights-of-way through the use of architectural features, earth berms, landscaping, fencing or other screening which will harmonize with the character of the property and the surrounding area. The proposed screening shall not interfere with the normal operation of the solar collectors/panels.

The ground-mounted solar energy system shall be located in a manner to reasonably minimize view blockage for surrounding properties (especially lake views) and shading of property to the north, while still providing adequate solar access for the solar energy system.

Neither the ground-mounted solar energy system, nor any component thereof, shall be sited within any required buffer area.

The total surface area of all ground-mounted solar energy system components shall not exceed the area of the ground covered by the building structure of the largest building on the lot measured from the exterior walls, excluding patios, decks, balconies, screened and open porches, and attached garages, provided that nonresidential placements exceeding this size may be approved by the Planning Board, subject to site plan review pursuant to Article IV, § 275-8M.

The area beneath the ground-mounted solar energy system shall be included in calculating whether the lot meets the maximum permitted lot coverage requirements for the applicable district, notwithstanding that the collectors are not "buildings."

Weight load;

Wind resistance; and

Ingress or egress in the event of fire or other emergency.

Solar energy systems and components shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar energy system. Materials used for marking shall be weather-resistant. For residential applications, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover.

In the event any of the standards in this subsection for markings are more stringent than applicable provisions of the New York State Uniform Fire Prevention and Building Code, they shall be deemed to be guidelines only and the standards of the state code shall apply.

Minimum street frontage: 300 feet.

Minimum lot area: 50 acres.

Minimum front yard setback: 250 feet.

Minimum rear yard setback: 100 feet.

Minimum side yard setback: 100 feet.

In addition to the criteria set forth in Article V (Special Procedures and Standards), the following criteria are hereby established for purposes of granting a special use permit for a solar farm under this article:

Waiver. The Planning Board may, upon exercise of its reasonable discretion, waive one or more of the submission requirements imposed herein. Relief from all other requirements must be made by way of an area or use variance from the Zoning Board of Appeals.

The following submission requirements must be observed regarding a site plan application for a solar farm. The Planning Board may also require any of the requirements of Article IV, § 275-8M, as part of the submission.

Site plan review criteria. In addition to the above, no site plan shall be approved unless the Planning Board determines that the proposed solar farm complies with the following:

Building permit applications shall be accompanied by standard drawings of structural components of the solar farm and all its components (including but not limited to solar panel, solar collector, solar energy system, etc.). Drawings and any necessary calculations shall be certified, in writing, by a New York State registered professional engineer, that the system complies with the New York State Uniform Fire Prevention and Building Code. This certification would normally be supplied by the manufacturer.

Where the structure, components or installation vary from the standard design or specification, the proposed modification shall be certified by a New York State registered professional engineer for compliance with the structural design provisions of the New York State Uniform Fire Prevention and Building Code.

Building permit applications shall be accompanied by a line drawing identifying the electrical components of the solar farm to be installed in sufficient detail to allow for a determination that the manner of installation conforms with the National Electrical Code. The application shall include a statement from a New York State registered professional engineer indicating that the electrical system conforms with good engineering practices and complies with the National Electrical Code, as well as applicable state and local electrical codes. This certification would normally be supplied by the manufacturer. All equipment and materials shall be used or installed in accordance with such drawings and diagrams.

Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a New York State registered professional engineer for compliance with the requirements of the National Electrical Code and good engineering practices.

Be an insurance policy from an AM Best rated "secured" or better insurer, authorized to conduct business in New York State. A New York State licensed insurer is preferred.

State that the applicant's insurance coverage shall be primary and noncontributory coverage for the Town, its Board, employees, agents, and volunteers.

Additional insured status shall be provided by standard or other endorsements that extend coverage to the Town for both ongoing and completed operations. A completed copy of the endorsements shall be attached to the certificate of insurance.

The applicant shall provide a copy of the declaration page of the liability policies with a list of endorsements and forms. If so requested, the applicant will provide a copy of the policy endorsements and forms.

The certificate of insurance shall contain a provision that coverage afforded under the applicable policy shall not be cancelled or terminated until at least 30 days' prior notice has been provided to the Town. In the event of a termination, cancellation, or lapse of the required insurance coverage, the special use permit to operate the solar energy system shall be immediately suspended and operation of the system shall cease. Upon restoration of the required insurance coverage, to the satisfaction of the Town, permission to operate the solar farm may be restored.

The submission of an acceptable decommissioning plan and decommissioning cash security subject to review by the Town's consulting attorneys and engineers and approved by the Town of Sullivan. For purposes of the decommissioning plan and decommissioning security, the following shall constitute "decommissioning events" triggering the decommissioning of the site and/or a call on the decommissioning security: a) if construction and installation of the project improvements are not completed within 18 months of commencement of construction (such time period may be reasonably extended upon notification to the Town and with good cause shown for any delays in completion); b) if the solar energy facility ceases to be used for its intended purpose for 12 consecutive months (such time period may be reasonably extended upon notification to the Town with good cause shown); c) at the time of decommissioning, complete removal of the project within 90 days thereafter, except for any portions of the project access roads otherwise requested by the owner to remain to facilitate agricultural access to the property or conduit buried more than four inches below ground; d) upon the end of the project's operation; e) if the applicant, or its successors or assigns, seeks dissolution or files for bankruptcy or f) failure to have in place or timely replace adequate decommissioning securities. All decommissioning activities shall be completed to the reasonable satisfaction of the Town and consistent with the decommissioning plan. Such agreement shall also include a commitment by the applicant to impose a similar obligation to remove any unused and/or obsolete solar panels upon any person subsequently securing rights to relocate the solar panels. The applicant shall include the following binding terms in the decommission plan, at a minimum:

Cash security. The applicant shall be required to deposit with the Town of Sullivan cash security in an amount sufficient for the faithful performance of the terms and conditions of the permit issued under this article, and to provide for expenses associated with the decommissioning removal and restoration of the site subsequent to the removal of the solar farm. The amount of the cash security shall be no less than 150% of the cost of the removal of the solar panels and restoration of the site, and shall further be reviewed and adjusted at five-year increments. Such amounts shall account for inflation and prevailing wage costs for decommissioning. In the event of a default upon performance of such conditions or any of them, the cash security shall be forfeited to the Town upon demand. The cash security shall remain in full force and effect until the complete removal of the solar panels and site restoration is finished.

The Planning Board shall in all instances give special consideration to areas that consist of prime farmland, prime soils, prime soil lands, and/or farmland of statewide importance and the removal of such lands when reviewing applications and granting special use permits and site plan approvals to solar farm applicants under this article.

To the maximum extent practicable, solar farms approved to be located on prime farmland, prime soils, prime soil lands, and/or farmland of statewide importance shall be constructed in accordance with the construction requirements of the New York State Department of Agriculture and Markets.

Solar farm applicants shall develop, implement, and maintain native vegetation to the extent practicable pursuant to a vegetation management plan by providing native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the applicants shall use native plant species and seed mixes.

Where a solar farm is to be located on prime farmland, prime soils, prime soil lands, and/or farmland of statewide importance, the applicant shall hire an environmental monitor (EM) to oversee the construction, restoration, and subsequent monitoring of the agricultural lands. The EM is to be on-site whenever construction is occurring on the agricultural land(s), and any construction shall be coordinated with the Town's Code Enforcement Officer and the New York State Department of Agriculture and Markets to develop an appropriate schedule for inspections to assure these lands are being preserved and protected to the greatest extent possible.

Fencing and watering systems associated with rotational grazing systems and reduction in farmland viability due to the reduction in remaining productive farmland shall be assessed and mitigated to the greatest extent possible.

Structures for overhead collection lines, interconnect cables and transmission lines installed aboveground (when unavoidable) shall be located outside agricultural field boundaries. When aboveground cables and transmission lines must cross agricultural fields, applicants shall use taller structures that provide longer spanning distances and locate poles on field edges to the greatest extent practicable.

Access roads are to be located along the edge of agricultural fields, in areas next to hedgerows and field boundaries, and in the nonagricultural portions of the site.

There shall be no cut and fill so as to reduce the risk of creating drainage problems by locating access roads, which cross agricultural fields, along ridgetops and by following field contours to the greatest extent possible.

The width of access roads across or along agricultural fields is to be no wider than 20 feet so as to minimize the loss of agricultural lands and comply with the New York State Fire Code.

The surface of solar farm access roads to be constructed through agricultural fields should be level with the adjacent field surface where possible.

All existing drainage and erosion control structures such as diversions, ditches, and tile lines shall be preserved, and applicants shall take appropriate measures to maintain the design and effectiveness of these structures. Applicants shall repair any structure disturbed during construction to as close to original condition as possible unless such structures are to be eliminated based upon an approved site plan for the solar farm.

Culverts and water bars are to be installed to maintain natural drainage patterns.

All topsoil areas to be used for vehicle and equipment traffic, parking, equipment laydown, and as storage areas are to be stripped.

All topsoil stripped from work areas (parking areas, electric cable trenches, along access roads) is to be stockpiled separate from other excavated materials (rock and/or subsoil).

Where an open trench is required for cable installation, topsoil stripping from the entire work area may be necessary. As a result, additional workspace may be required as part of site plan approval.

A maximum of 50 feet of temporary workspace is to be provided along open-cut electric cable trenches for proper topsoil segregation. All topsoil will be stockpiled immediately adjacent to the area where stripped/removed and shall be used for restoration on that particular site. No topsoil shall be removed from the site. The site plan shall clearly designate topsoil stockpile areas in the field and on the construction drawings.

All vehicle and equipment traffic and parking to the access road and/or designated work areas, such as laydown areas, are to be limited in size to the greatest extent practical.

No vehicles or equipment are to be allowed outside the work area without prior approval from the EM.

In pasture areas, it is necessary to construct temporary or permanent fences around work areas to prevent livestock access, consistent with any applicable landowner agreements.

Excess concrete used in the construction of the site is not to be buried or left on the surface in active agricultural areas. Concrete trucks will be washed outside of active agricultural areas.

Restoration requirements. Applicants shall restore all agricultural lands temporarily disturbed by construction as follows:

In every instance of a solar farm application, the Town of Sullivan hereby requires the applicant to enter into a payment in lieu of tax (PILOT) agreement. Notwithstanding this PILOT requirement, in every instance of a solar farm application, the applicant shall be required to observe the requirements of Real Property Tax Law § 487 relative to notification of a proposed solar facility. Such notification shall be sent to the Town of Sullivan Supervisor, with a copy to the Town Clerk, by registered and U.S. first-class mail, and shall specifically state in bold lettering on the envelope and on the first page of the notice that the notice is being provided pursuant to New York State Real Property Tax Law § 487, Subdivision 2. Upon receipt of said notice, the Town of Sullivan will advise the applicant of the Town's desire for a payment in lieu of tax (PILOT) agreement. Said notice will direct the applicant to contact the Town's legal counsel to negotiate the terms of said agreement.

In addition to a PILOT agreement, the applicant shall propose to the Town on projects involving one megawatt and above a host community benefit package for consideration by the Town Board as part of the approval process. Once the application package materials are deemed complete and while the Planning Board/Board of Appeals are completing its reviews, the project/application shall be referred to the Town Board to decide on the completion of a host community agreement. This agreement shall be in addition to a PILOT agreement.