Districts where allowed. Building-integrated solar energy systems shall be permitted in all zoning districts within the Town subject to the submission of, application for and review and issuance of an applicable building permit. A proposed building-integrated solar energy system shall be shown on the plans submitted for the building permit.

Building-integrated solar energy systems shall be subject to the general requirements set forth at § 200-91.

Districts where allowed. Roof-mounted solar energy systems shall be permitted in all zoning districts within the Town subject to the following requirements:

A solar/building permit and special use permit shall be required for installation of all ground-mounted solar energy systems.

Ground-mounted solar energy systems are prohibited in front yards. In addition, ground-mounted solar energy systems shall comply with the most restrictive area, yard and total area/lot coverage restrictions based on the specific zone regulations in each applicable zoning district in which the ground-mounted solar energy system is constructed. Further setbacks, area and yard requirements and total area/lot coverage restrictions may be required by the Planning/Zoning Board of Appeals in order to protect the public's safety, health and welfare.

Ground-mounted solar energy systems shall only be permitted on lots which are 20,000 square feet or larger.

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, including any base.

As part of the special use permit review process, the Zoning Board of Appeals will determine that a ground-mounted solar energy system 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 and shading of property 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, easement, right-of-way or setback.

The criteria for a special use permit as set forth in § 200-80C(5) shall also be demonstrated for each application.

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 electric 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.

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 electric 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: 100 feet.

Minimum lot area: 15 acres.

Minimum front yard setback: 200 feet.

Minimum rear yard setback: 100 feet.

Minimum side yard setback: 100 feet, except that where an existing residence abuts the side yard, the setback shall be 200 feet.

Minimum water setback: 200 feet from the high-water mark as determined by the New York State Department of Environmental Conservation, the U.S. Army Corps of Engineers local governing body, Canal Corporation or any other U.S. or state government agency. A written determination by such agency must be submitted with the application.

In addition to the criteria established pursuant to § 200-80C(5), the following criteria are hereby established for purposes of granting a special use permit for a Tier 3 solar energy system under this article:

The following submission requirements must be observed regarding a site plan application for a Tier 3 solar energy system. The Planning/Zoning Board may also require any of the requirements of § 200-79 as part of the submission.

Site plan review criteria. In addition to the above, no site plan shall be approved unless the Planning/Zoning Board determines that the proposed Tier 3 solar energy system complies with the following:

Building permit applications shall be accompanied by standard drawings of structural components of the Tier 3 solar energy system 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 Tier 3 solar energy system 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.

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 law.

Tier 3 solar energy systems shall avoid soils classified as prime farmland, prime farmland if drained, prime soils, prime soil lands, or farmland of statewide importance as classified by the United States Department of Agriculture, New York State, the Town of Van Buren, or the Natural Resources Conservation Service, to the greatest extent possible.

To the maximum extent practicable, Tier 3 solar energy systems approved to be located on land used for agricultural purposes shall be constructed in accordance with the construction requirements of the New York State Department of Agriculture and Markets.

Tier 3 solar energy system 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 Tier 3 solar energy system is to be located on agricultural land, 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, the applicant 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.

The amount of cut and fill shall be minimized so as to reduce the risk of creating drainage problems by locating access roads, which cross agricultural fields, along ridge tops 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 Tier 3 solar energy system 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.

Be decompacted if soil compaction results are more than 250 pounds per square inch (psi) as measured with a soil penetrometer. In such cases where results are more than 250 psi, soil shall be decompacted to a depth of 18 inches with a deep ripper or heavy-duty chisel plow. In areas where the topsoil was stripped, soil decompaction should be conducted prior to topsoil replacement. Topsoil shall be replaced to original depth and original contours reestablished where possible. Subsoil decompaction and topsoil replacement shall be avoided after October 1 of each year.

Regrade all access roads to allow for farm equipment crossing and to restore original surface drainage patterns or other drainage pattern incorporated into the approved site design by the Planning Board/Board of Appeals.

Seed all restored agricultural areas with the seed mix specified by the EM and this article, in order to maintain consistency with the surrounding areas.

All damaged subsurface or surface drainage structures are to be repaired to preconstruction conditions, unless said structures are to be removed as part of the site plan approval. All surface or subsurface drainage problems resulting from construction of the solar energy project shall be remedied with the appropriate mitigation measures as determined by the EM.

Postpone any restoration practices until favorable (workable, relatively dry) topsoil/subsoil conditions exist. Restoration is not to be conducted while soils are in a wet or plastic state of consistency. Stockpiled topsoil should not be regraded, and subsoil should not be decompacted until plasticity, as determined by the Atterberg Limits and Field Test, is adequately reduced. No project restoration activities are to occur in agricultural fields between the months of October and May unless favorable soil moisture conditions exist.

Following site restoration, remove all construction debris from the site.

Following site restoration, the project sponsor is to provide a monitoring and remediation period of no less than two years. General conditions to be monitored include topsoil thickness, relative content of rocks and large stones, trench settling, crop production, drainage and repair of severed subsurface drain lines, fences, etc.

Mitigate any topsoil deficiency and trench settling with imported topsoil that is consistent with the quality of topsoil on the affected site. All excess rocks and large stones are to be removed from the site.

All concrete piers, footers, or other supports are to be removed to a depth of 48 inches below the soil surface.

Be an insurance policy from an A.M. 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 Van Buren. 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 Tier 3 solar energy system 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 feet 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, at a minimum, the following binding terms in the decommission plan:

Cash Security. The applicant shall be required to deposit with the Town of Van Buren 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 Tier 3 solar energy system. 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.