§ 103-5. Large-scale solar energy systems; approval standards.
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Large-scale solar energy systems are permitted in the Town, subject to site plan review pursuant to Chapter 101 by the Planning Board and the following supplementary regulations contained in this section:A.Large-scale solar energy systems shall be enclosed by perimeter fencing eight feet tall to restrict unauthorized access.B.Clearly visible warning signs with the manufacturer's or installer's contact information shall be posted at the entrance and perimeter of the fencing.C.The maximum height of solar collectors/solar panels shall not exceed 12 feet at maximum tilt. Any utility poles proposed shall not exceed 30 feet tall.D.The solar energy system and accessory structures shall, to the extent reasonably possible, use materials, colors, and textures that will blend the solar energy system with the existing environment.E.Appropriate landscaping and/or screening materials may be required to mitigate adverse aesthetic impacts and help screen the solar energy system and accessory structures from roadways and adjacent properties.F.Solar energy systems shall be surfaced, designed, and sited so as not to reflect glare onto adjacent properties and roadways.G.Reasonable efforts, as determined by the Planning Board, shall be made to place all on-site power lines underground, depending on the appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. On-site transformers and the utility interconnection equipment shall, to the maximum extent practicable, be placed on the ground and not on utility poles. The location of all proposed equipment, including the proposed utility interconnection, shall be shown on the site plan.(1)If at the time of the site plan approval the final utility interconnection has not been designed and/or approved by the utility company, the Planning Board may conditionally approve the site plan with the condition that the applicant return for final site plan review once the interconnection has been designed.H.The Planning Board may impose conditions on its approval of any site plan under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA).I.Site plan application requirements. Any application under this section shall meet any substantive provisions contained in § 101-6 that, in the judgment of the Planning Board, are applicable to the solar energy system being proposed. In addition, an applicant shall submit the following documentation, as applicable, for any large-scale solar energy system:(1)If the property of the proposed project is to be leased, documentation of legal consent between all parties, specifying the use of the land for the duration of the project, including easements and other agreements;(2)Blueprints showing the layouts of the solar energy system signed by a professional engineer or registered architect;(3)Equipment specification sheets for all solar collectors/solar panels and significant components, mounting systems, and inverters that are to be installed;(4)A property operation and maintenance plan that describes how the solar energy system and property on which it is located will be maintained, including measures for maintaining safe access to the system and a description of how ground cover and screening plantings will be maintained (i.e., mowing and trimming);(5)A decommissioning plan that meets the requirements of § 103-5J;(6)Documentation from the area electrical supplier/distribution provider indicating the available capacity of the existing electric infrastructure and the effect the proposed solar energy system will have on this infrastructure, in the area of the proposed project; and(7)A site plan, showing the following elements, in addition to the elements listed in § 101-6A, as applicable to the project:(a)The location of proposed and existing overhead and underground utility and transmission lines;(b)The location of any proposed or existing substation, inverter, transformer or equipment enclosures;(c)A description of any necessary upgrades or modifications to existing substations or the necessity for a new substation;(d)A description of how the solar energy system's generated energy will connect to the electrical distribution or transmission system or the intended user's electrical system;(e)The location and elevations of all transmission lines, support structures, and attachments to the substation(s); and(f)Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures.J.Decommissioning plan. To ensure the proper removal of large-scale solar energy systems, a decommissioning plan that meets the following requirements shall be required for all large-scale solar energy systems:(1)Compliance with this plan shall be made a condition of site plan approval.(2)Decommissioning requires removal of the solar energy system, including but not limited to removal of solar collectors/solar panels, solar energy equipment, associated buildings, cabling, electrical components, and any other associated facilities below grade as described in the approved decommissioning plan.(3)The decommissioning plan must:(a)Specify that after the large-scale solar energy system has been abandoned or can no longer be used, it shall be removed by the applicant or any subsequent owner;(b)Describe how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the site to its original state prior to construction. For purposes of this section, "original state" requires seeding of grass at a minimum;(c)Provide for the removal of all hazardous materials from the property and disposition of hazardous material in accordance with federal and state law;(d)Describe the anticipated life of the large-scale solar energy system;(e)Include a cost estimate, which takes into account inflation, prepared by a professional engineer detailing the projected cost of executing the decommissioning plan; and(f)Include a timeline for execution, not to exceed one year.K.Prior to the issuance of a certificate of compliance from the Code Enforcement Officer, the applicant must provide the Town with a performance guarantee as provided below. The amount of the guarantee shall be 1.25 times the estimated decommissioning cost minus the salvageable value or $15,000, whichever is greater.(1)The following types of performance guarantees are permitted:(a)A surety or performance bond that renews automatically, includes a minimum sixty-day notice to the Town prior to cancellation, is approved by the Town Attorney, and is from a company on the United States Department of the Treasury's Listing of Certified Companies.(b)A certified check from the applicant to be deposited by the Town in an interest-bearing account, with all interest accruing to the applicant. The Town shall be permitted to draw from the account in the event that the applicant fails to carry out the decommissioning plan. Funds deposited with the County Finance Director will be returned when the system is decommissioned and any required site restoration is completed.(c)A no-contest irrevocable letter of credit issued by a banking corporation licensed to do business in the State of New York. The terms of the letter must include the absolute right of the Town to withdraw funds from the bank upon certification by the Code Enforcement Officer/Building Inspector that the terms of the performance guarantee have been breached. The letter of credit must be valid up to 12 months from the date the performance guarantee was approved and shall be continuously renewed or extended until the decommissioning plan is carried out.(2)The full amount of the surety or bond, certified check, or letter of credit must remain in full force and effect until the large-scale solar energy system is decommissioned and the necessary site restoration is complete.L.Modifications. All material modifications to a large-scale solar energy system made after initial site plan approval and the issuance of the required building permit shall require approval by the Planning Board.M.Abandonment and decommissioning. Large-scale solar energy systems are considered abandoned after one year without active and continuous electrical generation and shall be decommissioned and removed from the property at the owner's or operator's expense pursuant to the decommissioning plan submitted with the applicant's site plan application. If the large-scale solar energy system is not decommissioned after being considered abandoned, the Town may, in addition to the Town's other available remedies, remove the system, restore the property, and impose a lien on the property to cover these costs to the Town.