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HomeMy WebLinkAboutLL #04 2018 Southold Town Board - Letter Board Meeting of May 8, 2018 5*Cull.'a RESOLUTION 2018-433 Item# 5.39 �90), ADOPTED DOC ID: 14098 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-433 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 8, 2018: RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution#2018- 359 adopted at the April 10, 2018 regular Town Board meeting in its entirety. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: James Dinizio Jr, William P. Ruland, Louisa P. Evans, Scott A. Russell ABSENT: Jill Doherty, Robert Ghosio Generated May 9, 2018 Page 63 Southold Town Board - Letter Board Meeting of April 24, 2018 RESOLUTION 2018-366 Item# 5.7 Ofil °, a� ADOPTEDDO C D: 1 4028 I THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-366 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 24,2018: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to send the following proposed Local Law to the Suffolk County Planning Department and the Southold Town Planning Board for their recommendations and review: A Local Law In Relation to Chapter 280 as it pertains to the siting of commercial solar energy systems Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans,Russell Generated April 25, 2018 Page 21 COMPLETE SECTION COMPLETE ` A.'Sfdnature Complete item's 1,2,and 3. »� OWN Print your name and address on the reverse4,so that we can return the card to you. -� ■ Attach this card to the back of the mailpiece, B. Received by(PrintedC. Date of eJl e' or on the front if space permits. N �U Z '� o0 1. Article Addressed((to: D. Is delivery address differeritfroIQ item 1? ❑Y ` h O r+�6.5 1 b IeY If YES,enter delivery add w: o �10.nY\�n �7 �s�� 3. Service Type ❑Priority Mall Bcpresse IIIIIIIII IIII IIIIIIIIIIIII I Ili 11111 l 111111 ill. ❑AduitSignatwe ❑Registered malT ) ARBuR Signature Restricted Delivery ❑Registered mail Restricted' CeZ2 Made Delivery ❑Certified Mail Restricted Delivery ❑Retum Receipt for 9590 9402 2925 7094 3454 08 ,_ E3 Collect on Delivery Merchandise 2. Article Number_ffransfer-from service label] ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation ❑Insured Mail Q Signature Confumatlon `7 010 1 6 2 0 0 01 15 7;1 ,0 2 71 ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt COMPLETE • ■ Complete items 1,2,and 3, A. Signature �L, ,�,,n ■ Print your name and address on the reverse X r � �\ v"'v� � ❑Agent so that we can.>:eturn the card to you. ❑Addres I B. Received k((Pdnied Name) C Date f Dr } ■ Attach this card tcrtlie back,of�the mailpiece, (p^, or on the front if space permits. �� �� h76�(� 4 1. Article Addressefi k• D. Is delivery address different from item 1? ❑Yes I LT If YES,enter delik jr�afia below: ❑No '60' 2018 ���1 ?2018 a. b�I on NN 1 1 0 2 3. Service Type C/s 1P�fority Mail F�cpress® IIII III IIII1111111 III I I I I III III III I I ❑Registered Mag "S ature13 Adult Signature❑AdultSignRe�trct vry ❑RIisryMailRe stricted,WeartifedMail@ D. } ❑Certified Mail Restricted Delivery ❑Retum Receipt for 9590 9402 2925 7094 3454 15 13 Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm t 2.Article Number Mm sfor_from service labep ❑Insured Man ;❑Signature,Confirmation i 7 010 '10 6 0` `0 D 01 15 71' 0 2 6 4 i 13 Insured Man Restrloteii Deh'very 1 { .Restrrct`ed Delivery _ (over$500) _ PS'Form 3811,rJuly 2o15�PSN 7530-02-000-9053! ' -rpoines#Io RetUrfiReceipt .Ilii r Ir i � r rirr ! tl -2— i I =- = - STATE OF NEW YORK DEPARTMENT OF STATE ANDREW M. CUOMO ONE COMMERCE PLAZA GOVERNOR 99 WASHINGTON AVENUE ALBANY,NY 12231-0001 ROSSANA RO SECRETARY OF STATE WWW.DOS.NY.GOV RECEIVED June 14, 2018 JUN 2 0 2018 Southold Town Clerk Lynda M Rudder Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 RE: Town of Southold, Local Law 4 & 5 2018, filed on June 8, 2018 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely, State Records and Law Bureau (518) 473-2492 NEWYORK Department STATE OF [' OPPORTUNITY. Of State Le Southold Town Board - Letter Board Meeting of May 22, 2018 RESOLUTION 2018-512 Item #_5.49 ADOPTED DOC ID: 14162 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-512 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 22, 2018: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 10`h day of April, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280 as it pertains to the siting of commercial solar energy systems" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 as it pertains to siting of commercial solar energy systems" reads as follows: LOCAL LAW NO. H 2018 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 as it pertains to siting of commercial solar energy systems" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold recognizes the importance of renewable energy facilities. However, it is equally important to protect our natural resources by providing standards for solar energy production facilities on those lands that have been previously cleared and/or disturbed. It is altogether reasonable that the Town Board makes adequate provisions for these facilities, and it is imperative that such facilities do not adversely affect surrounding and nearby properties. It is therefore the intent of this section to provide adequate safeguards for the location, siting and operation of solar energy production facilities and solar collection systems. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Article XIV Light Industrial Park/Planned Office Park (LIO) District [Added 1-10-1989 by L.L. No. 1-19891 Generated May 24, 2018 Page 78 Southold Town Board - Letter Board Meeting of May 22, 2018 § 280-57.Purpose. The purpose of the Light Industrial Park/Planned Office Park (LIO) District is to provide opportunity for the location of business and professional offices,research facilities, industrial uses and similar activities in an open, campus-like setting in areas which are not appropriate for commercial activity or low-density residential development. In this area, such uses can be established in an attractive environment and serve both as a means of preserving the open qualities of an area and providing an area adjacent to hamlet areas where such uses can be appropriately developed with suitable protection for ground- and surface waters. All uses must conform to Suffolk County Health Department standards. § 280-58 Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28-1997 by L.L. No. 6-19971 B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10),which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 5-23-1989 by L.L. No. 7-1989; 4-28-1997 by L.L. No. 6-1997; 11-12- 1997 by L.L.No. 26-1997; 2-12-2013 by L.L. No. 2-2013; 6-17-2014 by L.L.No. 7-2014] (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018.No additional clearing shall be permitted except that the removal of shrubs underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (de) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed)Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (fo) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall Generated May 24, 2018 Page 79 Southold Town Board - Letter Board Meeting of May 22, 2018 be provided around all mechanical equipment and_solar-panel arrays to provide screening from adjacent residential properties and Town, county and state roads. Avegelatedperimeter-b..f-r-shall be installed toprovide year round sera An uaof the stem f r adjacent p ^yeA� ies. (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (j) All on-site utility and transmission lines shall be,to the extent feasible,placed underground. (ii)A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (lam) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (1k) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (MI) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (nm) Decommissioning/removal: [1] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days,the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal Generated May 24, 2018 Page 80 Southold Town Board - Letter Board Meeting of May 22, 2018 action may-be-brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [2] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. Article XV Light Industrial (LI) District [Added 1-10-1989 by L.L. No. 1-1989] § 280-61 Purpose. The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. § 280-62 Use regulations. In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2)hereof, are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28- 1997 by L.L. No. 6-19971 B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 4-28-1997 by L.L. No. 6-1997; 2-12-2013 by L.L. No. 2-2013; 6-17- 2014 by L.L. No. 7-2014] (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five Generated May 24, 2018 Page 81 Southold Town Board - Letter Board Meeting of May 22, 2018 acres. - - - (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018.No additional clearing shall be permitted except that the removal of shrubs underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb)All ground-mounted panels shall not exceed the height of eight feet. (de) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed)Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells,panels, and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. A vegetated perimeter-+ b f- shall be +.,lled to provide ye roundOf the systo ffe nd;nnarLar ,o,f;o (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (j) All on-site utility and transmission lines shall be,to the extent feasible, placed underground. (ii) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (kms') The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (1k) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (ml) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (nm) Decommissioning/removal: [1] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of Generated May 24, 2018 Page 82 Southold Town Board - Letter Board Meeting of May 22, 2018 a commercial solar energy production-system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located,then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [2] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Generated May 24, 2018 Page 83 Southold Town Board - Letter Board Meeting of May 22, 2018 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Russell ABSENT: Louisa P. Evans Generated May 24, 2018 Page 84 �D*AFF0 ELIZABETH A. NEVILLE,MMC O Town Hall,53095 Main Road TOWN CLERK o� y� P.O.Box 1179 Southold,New York 11971 _REGISTRAR OF VITAL.STATISTICS._ __ _ _ Fax(631)765-66145__ MARRIAGE OFFICER �,li 0�� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �Ol �`� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 7, 2018 "EK202962191US Priority Mail Express RE: Local Law No. 4 & 5 of 2018 Town of Southold, Suffolk County New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany,NY 12231 Dear Sir/Madam: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 4 & 5 of 2018 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney 1 _ , NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY,NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City Q Town of SOUTHOLD ❑ Village Local Law No. 4 of the year 2018 . A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 as it pertains to siting of commercial solar energy systems" Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village I. Purpose. The Town Board of the Town of Southold recognizes the importance of renewable energy facilities. However, it is equally important to protect our natural resources by providing standards for solar energy production facilities on those lands that have been previously cleared and/or disturbed. It is altogether reasonable that the Town Board makes adequate provisions for these facilities, and it is imperative that such facilities do not adversely affect surrounding and nearby properties. It is therefore the intent of this section to provide adequate safeguards for the location, siting and operation of solar energy production facilities and solar collection systems. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Article XIV Light Industrial Park/Planned Office Park(LIO) District [Added 1-10-1989 by L.L. No. 1-1989] § 280-57 Purpose. The purpose of the Light Industrial Park/Planned Office Park(LIO) District is to provide opportunity for the location of business and professional offices, research facilities, industrial uses and similar activities in an open, campus-like setting in areas which are not appropriate for commercial activity or low-density residential development. In this area, such uses can be established in an attractive environment and serve both as a means (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev 05/05) 1 of preserving the open qualities of an area and providing an area adjacent to hamlet areas where such uses can be appropriately developed with suitable protection for ground- and surface waters. All uses must conform to Suffolk County Health Department standards. § 280-58 Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1)hereof, are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28-1997 by L.L. No. 6-1997] - B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 5-23-1989 by L.L. No. 7-1989; 4-28-1997 by L.L. No. 6-1997; 11-12-1997 by L.L. No. 26-1997; 2-12-2013 by L.L. No. 2-2013; 6-17-2014 by L.L. No. 7- 2014] (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018. No additional clearing shall be permitted, except that the removal of shrubs,underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (c) All ground-mounted panels shall not exceed the height of eight feet. (d) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight- foot-high fence with a self-locking gate. (e) Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (f) A minimum twenty-.five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. (g) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (h) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (i) All on-site utility and transmission lines shall be, to the extent feasible,placed underground. (j) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (k) The system shall be,designed and situated to be compatible with the existing uses on adjacent and nearby properties. (1) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (m) Any special exception approval granted under this article shall have a term of 20 2 r � years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (n) Decommissioning/removal: [1] Any commercial solar energy production system that_is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner,by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [2] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law §64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. Article XV Light Industrial (LI) District [Added 1-10-1989 by L.L. No. 1-1989] § 280-61 Purpose. The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. 3 e � § 280-62 Use regulations. In the LI District, no building or premises shall be,used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2) hereof, are subject to site plan approval by the Planning Board: [Amended 5-9- 1989 by L.L.No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28-1997 by L.L. No. 6-1997] B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 4-28-1997 by L.L. No. 6-1997; 2-12-2013 by L.L. No. 2-2013; 6-17-2014 by L.L. No. 7-2014] (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018. No additional clearing shall be permitted, except that the removal of shrubs, underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (c) All ground-mounted panels shall not exceed the height of eight feet. (d) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (e) Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (f) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with.evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. (g) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (h) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (i) All on-site utility and transmission lines shall be, to the extent feasible, placed underground. (j) A clearly visible warning sign concerning voltage must be placed at the base of all pad- mounted transformers and substations. (k) The system shall be.designed and situated to be compatible with the existing uses on adjacent and nearby properties. (1) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (m) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (n) Decommissioning/removal: [1] Any commercial solar energy production system that is not operated for a 4 { i continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall,remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production,system is not removed within said 90 days, the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located,-and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses,within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors,who shall, in the preparation of the next assessment roll,assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner,by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [2] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law §64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. III. SEVERABILITY If any clause,sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 5 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto,designated as local law No. 4 of 20 18 of the (Town) of SOUTHOLD was duly passed by the TOWN BOARD on May 22 ,20 18 ,in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(re-passed after disapproval)by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20_____, and was (approved)(not approved)(repassed after disapproval)by the on 20 . Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the(general)(special)(annual) election held on 20 ,in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or,If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 6 1 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of I having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York,having been submitted to the electors at the General Election of November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed,please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Clerk of the Co ty legislative body. City. Town or (Seal) Village Clerk or officer designated by local legislative body Elizabeth A.Neville,Town Clerk Date: June 4,2018 (Certification to be executed by County Attorney, Corporation Counsel,Town Attorney,Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I,the undersigned,hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed he eto. vv� Signature William Duffy,Town Attorn u+..n I7.�rrn�+ Accie�-n► iv��uzzr�t"- J- a Title Gity Town of SOUTHOLD Date: June 4, 2018 7 Southold Town Board - Letter Board Meeting of May 8, 2018 X55°"°`"`°�,� RESOLUTION 2018-434 Item# 5.40 ADOPTED DOC ID: 14097 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-434 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 8,2018: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 10`" day of April, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280 as it pertains to the sitinIz of commercial solar energy systems" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 22°d day of May at 4:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 as it pertains to sitinIZ of commercial solar energy systems" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 as it pertains to siting of commercial solar energy systems" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold recognizes the importance of renewable energy facilities. However, it is equally important to protect our natural resources by providing standards for solar energy production facilities on those lands that have been previously cleared and/or disturbed. It is altogether reasonable that the Town Board makes adequate provisions for these facilities, and it is imperative that such facilities do not adversely affect surrounding and nearby properties. It is therefore the intent of this section to provide adequate safeguards for the location, siting and operation of solar energy production facilities and solar collection systems. ISI. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Article XIV Light Industrial Park/Planned Office Park (LIO) District [Added 1-10-1989 by L.L. No. 1-19891 Generated May 9, 2018 Page 64 � 1 Southold Town Board - Letter Board Meeting of May 8, 2018 § 280-57 Purpose. The purpose of the Light Industrial Park/Planned Office Park (LIO)District is to provide opportunity for the location of business and professional offices, research facilities, industrial uses and similar activities in an open, campus-like setting in areas which are not appropriate for commercial activity or low-density residential development. In this area, such uses can be established in an attractive environment and serve both as a means of preserving the open qualities of an area and providing an area adjacent to hamlet areas where such uses can be appropriately developed with suitable protection for ground- and surface waters. All uses must conform to Suffolk County Health Department standards. § 280-58 Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28-1997 by L.L. No. 6-19971 B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 5-23-1989 by L.L. No. 7-1989; 4-28-1997 by L.L. No. 6-1997; 11-12- 1997 by L.L.No. 26-1997; 2-12-2013 by L.L. No. 2-2013; 6-17-2014 by L.L. No. 7-20141 (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018.No additional clearing shall be permitted, except that the removal of shrubs, underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (As) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed)Notwithstanding any requirement in § 280-63 of this chapter,the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall Generated May 9, 2018 Page 65 r > Southold Town Board - Letter Board Meeting of May 8, 2018 be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. A vegela4ed perimeter buff-ei!shall be installed to provide year round ser-cenifig of the system from adja ent r ei4ies (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. ( ) All on-site utility and transmission lines shall be, to the extent feasible,placed underground. (1}) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (1 j) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (1k) In approving a special exception,the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (MI)Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (_nm) Decommissioning/removal: [1] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days,the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days,the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal Generated May 9, 2018 Page 66 r ? Southold Town Board - Letter Board Meeting of May 8, 2018 action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action,the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [2] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. Article XV Light Industrial (LI) District [Added 1-10-1989 by L.L. No. 1-19891 § 280-61 Purpose. The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. § 280-62 Use regulations. In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2)hereof, are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28- 1997 by L.L. No. 6-1997] B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 4-28-1997 by L.L.No. 6-1997; 2-12-2013 by L.L. No. 2-2013; 6-17- 2014 by L.L. No. 7-20141 (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five Generated May 9, 2018 Page 67 r ? Southold Town Board - Letter Board Meeting of May 8, 2018 acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018.No additional clearing shall be permitted except that the removal of shrubs, underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (de) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed)Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells,panels, and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. vegetated 1,e.......,..__ ,,...tea__ .,.....__be__-.._.-----to provide year- ------- --------„a -- the system fieni adjaemt properties. (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. Qj) All on-site utility and transmission lines shall be, to the extent feasible,placed underground. (i}) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (kj) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (1k) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (ml)Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception,which may be extended for additional five-year terms upon application to the Planning Board. (_nm)Decommissioning/removal: [1] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of Generated May 9, 2018 Page 68 r > Southold Town Board- Letter Board Meeting of May 8, 2018 a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days,the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located,then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action,the Building Inspector may file a certificate of the actual expenses incurred as aforesaid,together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located,with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner,by the same proceedings, at the same time and under the same.penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [2] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Generated May 9, 2018 Page 69 Southold Town Board - Letter Board Meeting of May 8, 2018 .J° s ` Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: James Dinizio Jr, William P. Ruland, Louisa P. Evans, Scott A. Russell ABSENT: Jill Doherty, Robert Ghosio Generated May 9, 2018 Page 70 #000220700 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper, published at Mattituck, in the Town of Southold,County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 05/10/2018 Principal Clerk Sworn to before me this �y day of Jug a . s CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No, 01V06105050 Qualified In Suffolk County My COMMIssion Enprros February 28.2020 ---- ------- 7, I Fcompletely enclosed by a nummum eight- [Added 1-10-1989 by L.L.No.1-19891 foot-high fence with a self-locking gate §280-61 Purpose. Le d)Notwithstanding any requirement in§ The purpose of the Light Industrial(LI)Dis- LEGAL NOTICE 280-63 of this chapter,the total surface area trict is to provide an opportunity for business NOTICE OF PUBLIC HEARING_ of all ground-mounted and freestanding solar and industrial uses on smaller lots than would WHEREAS,there has been presented to collectors,including solar photovoltaic cells, be appropriate for the LIO Light Industrial the Town Board of the Town of Southold, panels,and arrays,shall not exceed 80%of Park/Planned Office Park District. Suffolk County,New York,on the 10th day of the total parcel area. §280-62 Use regulations. April,2018,a Local Law entitled"A Local Sf ej A minimum twenty-five-foot perimeter In the LI District, no building or premises ° { Law in relation to Amendments to Chapter buffer,-consisting of natural and undisturbed shall be used and no building or part of a 280 as it pertains to the siting of commer- vegetation, supplemented with evergreen building shall be erected or altered Which is i cial solar energy systems"now,therefore,be plantings,as needed,shall be provided around arranged,intended or designed to be used,in it all mechanical equipment and solar panel az- whole or in part,for any purpose except the RESOLVED that the Town Board of the rays to provide screening from adjacent resi- following: l :Town of Southold will hold a public he dential properties and Town,county and state A. Permitted uses. The following uses are on the aforesaid Local Law at,the Southold roads permitted uses and,except for those uses per- Town Hall,53095 Main Road,Southold,Newstaceni, mitted under Subsection A(1)and(2)hereof, York,on the 22nd day of May at 4:31 p.m.at are subject to site plan approval by the Plan- , which time all interested persons will be �&t A minimum setback for a solar energy 'ning Board:[Amended 5-9-1989 by L.L.No. 1 given an opportunity to be heard. production facility and equipment used in 6-1989; 11-29-1994 by L.L. No. 26-1994; The proposed Local Law entitled,"A Lo- conjunction with the solar energy production 4-28-1997 by L.L.No.6-19971 l cal Law in relation to Amendments to facility shall be located at least 100 feet from B Uses permitted by special exception of the Chapter 280 as it pertains to siting of com- any residential dwelling or zone, of Appeals The following uses are mercial solar energy systems"reads as fol- .h# All solar energy production systems permitted as a special exception by the Board {lows: shall be designed and located in order to pre- of Appeals as hereinafter provided, except K LOCAL LAW NO.2018 vent reflective glare toward any habitable Subsection B(10),which may be permitted as j I A Local Law entitled,"A Local Law in buildings as well as streets and rights-of-way a special exception by the Planning Board, f relation to Amendments to Chapter 280 as Si p All on-site utility and transmission and all such special exception uses shall be j it pertains to'siting of commercial solar lines shall be,to the extent feasible,placed subject to site plan approval by the Planning i energy systems" underground. Board: [Amended 4-28-1997 by L.L. No. BE IT ENACTED by the Town Board of the JI r)A clearly visible wanting sign concerning 6-1997; 2-12-2013 by L.L. No. 2-2013; Town of Southold as follows: voltage must be placed at the base of all 6-17-2014 by L.L.No.7-20141 I.Purpose.The Town Board of the Town of pad-mounted transformers and substations. (10)Commercial solar energy production sys- Southold recognizes the importance of re- Lkp The system shall be designed and situated tem,subject to the following criteria: newable energy facilities. However, it is to be compatible with the existing uses (a)The commercial solar energy system shall equally important to protect our natural re on adjacent and nearby properties. not be on a parcel of less than five sources by providing standards for solar en- I kj In approving a special exception, the acres. ergy production facilities on those lands that PlanningBoard may waive or modify an of y fy y (b)Solar energy production facilities shall be have been previously cleared and/or dis- the above criteria if it finds that there is no permitted only on those lands previously i tuibed. It is altogether reasonable that the detriment to public health,safety and welfare. cleared and/or disturbed on or before January j Town Board makes adequate provisions for Lm tl Any special exception approval granted T-2018 No additional clearing shall be per- these facilities,and itis imperative that such under this article shall have a term of 20 mitted, except that the removal of shrubs facilities do not adversely affect surrounding years,commencing from the grant of the spe- underbrush and trees under six inches in di- 1 and nearby properties.It is therefore the intent cial exception,which may be extended for ameter shall be permitted and shall not be of this section to provide adequate safeguards additional five-year terns upon application to deemed clearing. for the location,siting and operation of solar. the Planning Board. •r, Lc bj All ground-mounted panels shall not energy production facilities and solar collec- Ln TO Decommissioning/removal. exceed the height of eight feet. tion systems. [11 Any commercial solar energy produc- Ld u)All mechanical equipment of the com- 9 H.Chapter 280 of the,Code of the Town of tion system that is not operated for a continu- mercial solar energy system,including any 9 Southold is hereby amended as follows. ous pend.of,24 months shall be deemed structure for batteries or storage cells,shall be Article XIV I abandoned. At that time,the owner of the completely enclosed by a minimum Light Industrial Park/Planned Office Park commercial solar energy production system eight-foot-high fence with a self-locking gate I (LIO)District or the owner of the property where the com- Le t Notwithstanding any requirement in§ } [Added 1-10.1989 by L.L.No.1-1989] mercial solar energy production system is lo- 280-63 of this chapter,the total surface area of - 0-1 �t—n--11ail romraments thereof all ground-mounted and freestanding solar i (10) Commercial,solar energyproduction be collected and enforced in the same manner, (n m)Decommissioning/removal• P by the same proceedings,at the same time and [1]Any commercial solar energy production system,subject to the following criteria. under the same penalties as are provided by system that is not operated for a continuous (a) The commercial parcel solar energy system law for the collection and enforcement of real period of 24 months shall be deemed aban- CI shall not be on a parcel of less than five acres property taxes in the Town of Southold dosed.At that time,the owner of the comtner- (b) , Solar enerav production facilities 121 This subsection is enacted pursuant to§ cial solar energy production system or the Shall be permitted only on those10 of the Municipal Home Rule Law to pro- owner of the property where the commercial lands mote the public health, safety and general solar energy production system is located I _previously cleared and/or disturbed on welfare of Town citizens through removal shall remove all components thereof within + or before January 1 2018.No additional provisions to ensure the proper decomims_ 90 days of such deemed abandonment or will clearing shall bs pen underbrush except that sinning of commercial-solar energy produc- be in violation of this section In the case of a 9 the removal of shrubs,underbrush and tion systems within the entire Town The re- commercial solar energy trees under six inches in and shall be pernmtted and shall not be deemed moval reduction provision of this chapter on preexisting structure this provision shall clearing supersede any inconsistent portions of apply to the commercial solar energy produc- h Town Law§64,Subdivision 5-a,and govern tion system only.If the commercial solar en- !ex tr)All ground-mounted panels shall not the subject of removal of commercial solar ergy production system is not removed within iexceed the ech ani al eight feet. energy production systems in this chapter. said 90 days,the Building Inspector may give (d c}All mechanical equipment of the com- Article XV I mercial solar energy,system,including any Light Industrial V District the owner notice that unless the removal is structure for batteries or storage cells,shall be accomplished within 30 days,the Town will '' cause the removal at the owner's expense.All costs and expenses incurred by the Town in connection with any proceeding or any work I done for the removal of a commercial solar energy production system shall be assessed _against the land on which such commercial solar energy production system is located,and ._a statement of such expenses shall be pre- sented to the owner of the property,or if the owner cannot be ascertained-or located,then + such statement shall be posted in a con- spicuous place onthe prernise in ;Such assess- ert shall be and constitute alien upon such - — land.If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statements presented or posted,a legal action may be brought to col- lect such assessment orto foreclose such lien i ZI As an alternative to the maintenance of any such action,the Building Inspector may file a i certificate of the actual expenses incurred as aforesaid,together with a statement identify- mg the property m connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located,With the Asses- sors,who shall,in the preparation of the next Assessment roll, assess such amount upon siich property Such amount shall be included in the levy against stich property,shall con-I stitute a lien and shall be collected and en-' forced in the same manner,by the same pro- ceedings,at the same time and under the same 1 penalties as are provided by law for the collec- tion and enforcement of real property taxes m -the Town of Southold-- 121 This subsection is enacted pursuant to§10 of the Municipal Home Rule Law to promote the public health,safety and general welfare Of Town citizens through removal provisions to ensure the proper decommissioning of i commmercial solar energy production systems I within the entire Town.The,removal reduc- tion provision of this chapter shall supersede -any mconsistent portions of Town Law§64, Subdivision 5-a, and govern the subject of removal of commercial solar energy produc- tion systems in this chapter III.SEVERABILITY If any clause,sentence,paragraph,section,or' Part of this Local Law shall be adjudged by I any court of competent jurisdiction to be m- ' I valid,the judgment shall not affect the vand- i ity of this law as a whole or any part thereof i other than the part so decided to be unconsti- tutional or Invalid. IV.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated:April 10,2018 f BY THE-ORDER OF THE I l y SO UTHOLD TOWN BOARD Elizabeth A Neville 12207010 Southold Town Clerk t ' i STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 16th day of April , 2018, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York. Chapter 280-Commercial Solar Energy Systems PH 5/22/18 at 4:31 pm z beth A.Neville Sou hold Town Clerk Sworn before this �_day of , 2018. YIN-\ Q.—— Notary Public LYNDA M.RUDDER Notary Public,state of New York No.01 RU6020932 Qualified in suffolk County Commission Expires March 8.20 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �i®� S®�,� P.O. Box 1179 54375 State Route 25 ®� ®�® Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY Telephone: 631 765-1938 CAD www.southoldtownny.gov PLANNING BOARD OFFICE RECEIVED TOWN OF SOUTHOLD MEMORANDUM MAY 2 1 2018 Southold Town Clerk_ To: Elizabeth A. Neville, Town Clerk From: Donald J. Wilcenski, Chairman ',Members of Planning Board Date: May 18, 2018 Re: A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zoning as it pertains to the siting of commercial solar energy systems"- Thank you for the opportunity to provide comments on the above referenced proposed Local Law. The Planning Board supports this code amendment to allow solar commercial energy only on those lands previously cleared and/or disturbed on or before January 1, 2018, in the LI and LIO Zoning Districts. It should be noted that an analysis conducted by Planning staff using 2017 aerial photos and the Town's geographic information system indicates that nearly all the available land that is eligible for the use of commercial solar energy appears to be cleared. See attached maps for more information. cc: Scott Russell, Town Supervisor Members of the Town Board Town Attorney Encl. Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Deputy County Executive and Commissioner Division of Planning and Environment April 20, 2018 Town of Southold RECEIVED 53095 Main Road P.O. Box 1179 Southold,NY 11971 APR 2 6 2018 Attn: Elizabeth Neville Southold Town Clerk Applicant: Town of Southold Zoning Action: Resolution 2018-359 Local Law in Relation to Amendments To Chapter 280 Siting of Commercial Solar Systems S.C.P.D.,File"No.:: SD-18-LD Dear Ms.Neville: Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Planning drew P. Fre g Chief Planner APF/cd LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 �e Southold Town,Board -Letter Board Meeting of April 10, 2018 SOFBI,f y ,� ,o�� RESOLUTION 2018-359 Item# 5.45 ADOPTED DOC ID: 14024 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-359 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 10,2018: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 10th day of April, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280 as it pertains to the sitinji of commercial solar energy systems" now,therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 22nd day of May at 4:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 as it pertains to sitinji of commercial solar energy systems"reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 as it pertains to siting of commercial solar energy systems" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold recognizes the importance of renewable energy facilities. However, it is equally important to protect our natural resources by providing standards for solar energy production facilities on those lands that have been previously cleared and/or disturbed. It is altogether reasonable that the Town Board makes adequate provisions for these facilities, and it is imperative that such facilities do not adversely affect surrounding and nearby properties. It is therefore the intent of this section to provide adequate safeguards for the location, siting and operation of solar energy production facilities and solar collection systems. H. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Article XIV Light Industrial Park/Planned Office Park (LIO) District [Added 1-10-1989 by L.L. No. 1-19891 Generated April 11, 2018 Page 60 Southold Town Board - Letter Board Meeting of April 10, 2018 § 280-57 Purpose. The,purpose of the Light Industrial Park/Planned Office Park (LIO) District is to provide opportunity for the location of business and professional offices, research facilities, industrial uses and similar activities in an open, campus-like setting in areas which are not appropriate for commercial activity or low-density residential development. In this area, such uses can be established in an attractive environment and serve both as a means of preserving the open qualities of an area and providing an area adjacent to hamlet areas where such uses can be appropriately developed with suitable protection.for ground- and surface waters. All uses must conform to Suffolk County Health Department standards. § 280-58 Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1)hereof, are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28-1997 by L.L. No. 6-19971 B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10),which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 5-23-1989 by L.L. No. 7-1989; 4-28-1997 by L.L.No. 6-1997; 11-12- 1997 by L.L.No. 26-1997; 2-12-2013 by L.L.No. 2-2013; 6-17-2014 by L.L.No. 7-2014] (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1 2018. No additional clearing shall be permitted except that the removal of shrubs underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (do) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed)Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted,and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall Generated April 11, 2018 Page 61 ,j Southold Town Board -Letter Board Meeting of April 10, 2018 be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. a v i r screening b Y v the system m Jaeent r r (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (j) All on-site utility and transmission lines shall be,to the extent feasible, placed underground. (ii) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (kms) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (1k) In approving a special exception,the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (MI) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (_nm)Decommi ssioning/removal: [1] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action,the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property Generated April 11, 2018 Page 62 t Southold Town Board -Letter Board Meeting of April 10, 2018 upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [2] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the,proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. Article XV Light Industrial (LI) District [Added 1-10-1989 by L.L.No. 1-19891 § 280-61 Purpose. The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. § 280-62 Use regulations. In the LI District, no building or premises shall-be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2) hereof, are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28- 1997 by L.L.No. 6-1997] B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 4-28-1997 by L.L. No. 6-1997; 2-12-2013 by L.L. No. 2-2013; 6-17- 2014 by L.L.No. 7-2014] (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands_previously cleared and/or disturbed on or before January 1 2018. No additional clearing shall be permitted except that the removal of shrubs underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (de) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage'cells, shall be completely enclosed by a minimum eight-foot-high fence with a self,-locking gate. Generated April 11, 2018 Page 63 r Southold Town Board - Letter Board Meeting of April 10, 2018 (ed) Notwithstanding any requirement in § 280-63 of this chapter,the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells,panels, and arrays, shall not exceed 80% of the total parcel area. (fo) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. meted perimeter-buff-er shall be installed to provide veui iv r, of the system (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (h}) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. & All on-site'utility and transmission lines shall be, to the extent feasible,placed underground. (j}) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (kms) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (1k) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (MI) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception,which may be extended for additional five-year terms upon application to the Planning Board. (pm)Decommissioning/removal: [1] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures,this provision shall apply to the commercial solar energy production, system only. If the commercial solar energy production system is not removed within aid 90 days,the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such Generated April 11, 2018 Page 64 Southold Town Board - Letter Board Meeting of April 40, 2018 assessment or to foreclose such lien. As an alternative to the maintenance of any such action,the Building Inspector may file a certificate of the actual expenses incurred as aforesaid,together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors,who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [2] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. Article XXXII Plum Island Conservation District (PIC) [Added 8-27-2013 by L.L. No. 6-2013] § 280-186 Purpose. The purpose of the Plum Island Conservation District is to preserve the integrity of the regionally significant natural, scenic and historic resources of Plum Island for the benefit of the residents of the Town of Southold. § 280-187 Use regulations. In the Plum Island Conservation District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: (1) Solar ener-gy generation exeessoft at:nprovide+voriAa t t peFfflitted Commercial solar energy production system subject to the following criteria: (a) The commercial solar energy ystem shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1 2018.No additional clearing shall be permitted except that the removal of shrubs underbrush and trees under six inches in diameter shall be permitted and shall not be deemed,clearing. (cb) All ground-mounted panels'-shall not exceed the height of eight feet. _ (de) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells shall be completely enclosed by a minimum eight-foot- high fence with a self-locking gate. (ed) Notwithstanding any requirement in � 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, Generated April 11, 2018 Page 65 T Southold Town Board - Letter Board Meeting of April'10, 2018 panels and arrays shall not exceed 80% of the total parcel area. (fc) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation supplemented with evergreen plantings as needed shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town county and state roads. vegetated perimeter-buffer-shall be installed ie pr-evide year- r-etmd ser-eening of the system frem-adjaeent properties. (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (ij) All on-site utility and transmission lines shall be to-the extent feasible, placed underground. (ji) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (kj-) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (1k) In approving a special exception the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (ml) AM special excption approval granted under this article shall have a term of 20 years commencing from the grant of the special exception which may be extended for additional five-year terms upon application to the Planning Board. (nm) Decommissioning/removal: [Il Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time,the owner of the commercial solar energy production system or the owner of the property where the ,commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section In the case of a commercial solar energy production system on preexisting structures this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located then such statement shall be posted in a conspicuous place on the premises Such assessment shall be and constitute a lien upon such land If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted a legal action may be brought to collect such assessment or to foreclose such lien As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred Generated April 11, 2018 Page 66 1 Southold Town Board - Letter Board Meeting of April 10, 2018 and the owner of the system and the owner of the property upon which the system is located with the Assessors who shall in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. L] This subsection is enacted pursuant to & 10 of the Municipal Home Rule Law to promote the public health safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64 Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. Article XXXI Plum Island Research District (PIR) [Added 8-27-2013 by L.L. No. 6-20131 § 280-182 Purpose. The purpose of the Plum Island Research District is to encourage the use of land for research and educational opportunities, provide,quality employment opportunities and to preserve Plum Island's regionally significant natural, historic, scenic and cultural resources. § 280-183 Use regulations. In the PIR District,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except-the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: (1) Solar- bJ generation r�.f that needed to providepower-t •tt ,-i f uses.Commercial solar energy production system subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1 2018.No additional clearing shall be permitted except that the removal of shrubs underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (de) All mechanical equipment of the commercial solar energy system including any structure for batteries or storage cells shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed) Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors including solar photovoltaic cells panels and arrays shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation supplemented with evergreen plantings as needed, shall be provided around all mechanical equipment and solar panel arrqys to provide screening from adjacent residential properties and Town county and state roads. A vegetated Generated April 11, 2018 Page 67 <1 Southold Town Board -Letter Board Meeting of April 10, 2018 perimeter-b f'f shall b installed to provide year- round sereening of t system from adjaeepA € ies. (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (ij) All on-site utility and transmission lines shall be,to the extent feasible,placed underground. (j=) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (k}) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (1k) In qpproving a special exception the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (ml) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception which may be extended for additional five-year terms upon application to the Planning Board. (rap)Decommissioning/removal: f lj Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time,the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section In the case of a commercial solar energy production system on preexisting structures this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days the Building Inspector mqy give the owner notice that unless the removal is accomplished within 30 days the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action the Building Inspector may file a certificate of the actual expenses incurred as aforesaid together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located with the Assessors who shall in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected Generated April 11, 2018 Page 68 Southold Town Board - Letter Board Meeting of April 10, 2018 and enforced in the same manner, by the same proceedings at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [21 This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law & 64 Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Locallaw shall be adjudged by any court of competent jurisdiction to be invalid ,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated April 11, 2018 Page 69 Town Hall,53095 Main Road ELIZABETH A.NEVILLE,MMC TOWN CLERK- P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 5;~.F Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 ._ RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER ' -OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 19, 2018 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law in relation to Amendments to Chapter 280 as it pertains to siting of commercial solar energy systems Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. ^ ylb Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department &L'� Date: Signature, Rec ived By "1&,Q J,C ��'�li� AA/ Title:` Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, MMC ��® cava, Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 coo REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD r April 17, 2018 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed-below on May, 22, 2018 at 4:31 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280 as it pertains to the siting of commercial solar energy systems Please sign this letter and return to me at your earliest convenience. Thank you. Elizabeth A.Neville Southold Town Clerk Attacht ants // cc: Suffolk County Dept of Planning 4ong Island State Park Commission Email. own of Riverhead vTownof Shelter Island ✓Town of Southampton ✓Southold Building Dept ✓Southold Planning Dept ✓�outhold Trustees ✓S uthold Assessors Southold ZBA "Village of Greenport Signature, Received by Date Please print name Title Y t ELIZABETH A.NEVILLE,MMC Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ��, Telephone(631)765-1800 RECORDS MANAGEMENT OFFICERwww.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 17, 2018 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on ____ the proposed-Local Law listed below on May 22, 2018 at 4:31 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280 as it pertains to the siting of commercial solar enemy systems Please sign this letter and return to me at your earliest convenience. Thank you. Eli beth A.Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of G eenport Signature, keoelfived by Date Fk !C= �J vet �✓ ��-� �� ,,L,,ate ��- Please print name Title ELIZABETH A.NEVILLE,MMC ®� 4 ® Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ®�. ®�� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®� �,� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 17, 2018 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on May 22, 2018 at 4:31 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 280 as it pertains to the siting of commercial solar energy systems Please sign this letter and return to me at your earliest convenience. Thank you. Y Eliza eth A.Neville Southold Town-Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA lage%ed nport 4 A/,���r® Signature, RecDate Please print name Title REECEIVCD APR 2 4 2018 Southold Town clerk ELIZABETH A.NEVILLE,MMC ''�" Town Hall,53095 Main Road TOWN CLERK , P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 4 Fax(631)765-6145 MARRIAGE OFFICER '. — ,' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER , www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER � „rY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 17,2018 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on May 22,2018 at 4:31 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation too.Ain'endmen`t's,-to�+Ch_a.uter-2$'0 i it 1)&tains to the siting pf commercial solar energy systems F Please sign this letter and return to me at your earliest convenience, Thank you. y nza, eth-A.Neville Soutbdld'Town.Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead� Y Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport Signature,Received by Date Please print name Title RECEIVED APR 1 7 2018 Southold Town Clerk 0411812018 10:68 6312835666 SOUTHAMPTON TOWN CLK PAGE 61161 ELIZABETH A.NE'VILLE,MMC <�41'� �'�i° Town Hail,53095 Main Road TOWN CLERK P.O.Box 11.79 Southold,New York 11971 REGI"Ti;AR 01?VITAL STATISTICS Southold, (631)765-6145 MARRIAGE OFFICER Telephone(631)765-1500 RECORDS MAXA,CrEMENT OFFICER � ,' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER � OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 17, 2018 PLEASE'TARE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC FEARING on the proposed Local Law listed below on May 22,2018 at 4;31 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: `1 oca1 Low in relailon tq Amendments to Chapter 280 as it pertains to the siting of commercial .volar energy systems Please sign this letter and return to me at your earliest convenience, Thank you. 441 lulilaY etit A.. Neville Sotithal.d'Towa1 Clerk. Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town,of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA,. Village of Green ort Signature, Received by Dat Please pri ziail�e Title - RECEIVED 0z _ wy 8 t He OW APR 1 s 2018 � � Southold Town Clerk ELIZABETH A.NEVILLE,MMC Town Hall,53095 Main Road TOWN CLERK P.O,Box 1179 # Southold,New York 11971 r REGISTRAR OF VITAL STATISTICS E� wr .,1,.,, ,a �, Fax(631)765-6145 MARRIAGE OFFICER .tc ,: 11 Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER , }a'd _ t .+'r;, www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER '.. OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 17, 2018 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a-PUBLIC I.ItARING on the proposed Local Law listed below on May 22, 2018 at 4:31 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local ,aw in rel.ttinn to Ame:ndm•ents to Cltflpter.280 as it liertains td thc'SM114 of comn3ercial strinr energy systems Please sign this letter and return to me at your earliest convenience. Thank you. I".1 a eth A.,Neville Southold Town Cicrk Attachments CC! Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter-Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold Z,BA Village of Gre%nport Signature, Received by Date -own me Title Please print name PICA ' °"" 53095 Main Road ELIZABETH A.NEVILLE,NIR'IC , �. ,�, �. Town Hall, TOWN CLERK 'S `kK ' P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS t '` `p" x,A` Fax(631)765-6145 MARRIAGE OFFICER ''. �R>,, Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ." ria ? , www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER ` OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 17, 2018 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on May 22, 2018 at 4:31 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A IJocal Law in relation to Amendments to Chanter 280 as it pertains to the siting of commercial solar energy systems Please sign this letter and return to me at your earliest convenience. Thank you. Eliza cth A. Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport Signature, Received by Dat 11 Please print name Title ELIZABETHA.NEVILLE,MMC z 'w . '" „Tw �'r" Town Hall,53095 Main Road : '�" "'' ix ="' P.O.-Box-11-79 TOWN CLERK s:= .• .- Southold,New York 1197-1 REGISTRAR OF VITAL STATISTICS y,, :�:<;u - Fax(631)765-6145 MARRIAGE OFFICER ,aY . ; Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER t4= M�; .l� www.southoldtownn Y gov r;: ' • FREEDOM OF INFORMATION OFFICER ' OFFICE'OFTHE TOWN CLERK TOWN OF SOUTHOLD April 17,2018 . PLEASE TAKE'NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on -the'proposed Local Law listed below on.May 22,20.18-at 4:31 pm at the Southold Town Hall, 53095 Main Road; Southold,NY: A Loeril Ldw in relation ra t�niendments'ta Ch'al�ter-280 sts=St ncrl.iiits to-tlie sitiuL•of'ccimrii"ercial salirr energy-systems Please sign this.letter and return to me at your earliest convenience. Thank you. :Eliza, cll� A Neville .Souil161trTOivn Clerk, Attachments cc: Suffolk County Dept of'Planning Long Island.State Park,Commission Email: Town-of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold g Paing Dept Southold Trustees Southold Ash sessors Southold ZBA Vge o G ee i anport na re,Recei e� by D 4 Ple a print name Trtle - i 04/17/2018 11:35 6317493436 S I TOWN CLERK PAGE 01 ELIZABETH A. NEV>fLLE,>1MG + 0�" �'G �; Town Hall,53095 Maio Road. TOWN CLERK I'U.Box 1179 t; Southold,New York 11971 REGISTRAR OF VITAL STATISTICS + r F"* f' Fax(631)765-6145 MARRIAGE OFFICER �. . ;;' Talcphono(631)765.1800 RECORDS MANAGEMENT OFFICER �,''�'¢.1 AL �►`Z , www.southtoldtowuny,gov FREEDOM OF INFORMATION OFFICER �"�`•r,. •. �, ` OFFICE OF THE TOWN CLEKK. TOWN OF SOUTHOLD April 17, 201 S PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on May 22, 2018 at 4:31 pm at the Southold Town Hall, 53095 Main Road, Southold,N'Y': A Local Law in relation to Amendments to Clan ter 290 its it pertains to the siting of coromcrcial splar enerev systems Please sign this letter and return to me at your earliest convenience. Thank you. - l:liia eth A. Ncvillc Southold 'town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission, Entail: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Tillage of Greenport Signature,Rec ived bb Date Please prit►t t ameTitle ELIZABETH A.NEVILLE MMC Town Hall,53095 Main Road TOWN CLERK +y ' . ;�,: . ,, � � P.O.Box 1179 ?! ! 1 Southold,New York 11971 efj REGISTRAR OF VITAL STATISTICS • + Fax(631)765-6145 MARRIAGE OFFICER . _ Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ,.1�'�V" ` ,° 4 �" www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 17, 2018 <i i PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on ° the proposed Local Law listed below on May 22,2018 at 4:31 pm at the Southold Town Hall, 53095 Main ; Road, Southold,NY: A Local-Law in relation to-Amendments to'•Chanter-280 as'it iiertains to the-siting of colnimcreW-solar. ?I 1 energy systems ='a Please sign this letter and return to me at your earliest convenience. Thank you. I 1 Eliza. et1i-A.Neville ,Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA 44 Village of Greenp rt !� Signature, k&efved by Date Please print name Title !! I' ,�i ELIZABETH A.NEVILLE,MMC u;. Y �' �. '""5 Town Hall,53095 Main Road TOWN CLERK pc'T IR` -j` ` �„ ;-' P.O.Box 1179 csa r aw-~k , >1 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ti- :' }. Fax(631)765-6145 �' C$ `e Tele 765-1800 MARRIAGE OFFICER " aP *` al Phone(631) RECORDS MANAGEMENT OFFICER ,. _, ="q� , www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE ']l:'OWN CLERK TOWN OF SOUTHOLD April 17, 2018 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC-REARING on the proposed Local Law listed below on May 22, 2018 at 4:31 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: .A Local Law in relat'tionAo Attacndtnentti'to Chflntcr 280 as it pertains to the siting; oi•conuncrci.al-80alr encr�y s�sterrAs Please sign this letter and return to me at your earliest convenience. Thank you. c0h A.Neifill Si►ttth()kl',Powji Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA illage of GreenpAt Signat e,Received by Date s-D'-A! Please print name Title ELIZABETH A.NEVILLE MMC Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 # ' _ Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER � � c'� p;a';0www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 17, 2018 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a'PUBLAC_I EARINC on the proposed Local Law listed below on May 22, 2018 at 4:31 pm at the Southold Town Hall, 53095 Main Road, Southold,NY: A LocalLaw in rel'satiura to Albendmcuts to C.lua Kiev 28�t)'sis,it ertains to the shg in of�conumea-ci�a1 solar energy systems Please sign this letter and return to me at your earliest convenience. Thank you. 1?litt i tl� A.vcvilte Southold 'Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Asse sors Southold ZBA Viflage of Gre nport . - Date Signature,Received by" Please print name Title Parcels Eligible for Commercial Solar Energy in the LI and LIO Zoning Districts ` ..moi, i `h`< '``.., yA•.. :' s,lygge ` .RECEIVE® out Id Town Clerk f' 1'• '` _- _- ___ •`'```�\„`y. �'� L`��S /Jvi'3�ji.� r'PO�jCr %/j t`J`,.l ` `\ ---- Cb \ `V c J /0� " ` Legend Elible LIO Parcels Eligible LI Parcels -- 1,000 500 0 1,000 Feet Tax Map #0002198430 a1- STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly'newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 04/19/2018 ek/kA Principal Clerk rw Sworn to before me this da Y , &1N NOTARY PUBLIC-STATE OF NEW YORK No. 01VO6105050 Qualified in Suffolk County My Commiomion Expires February 28,2020 subject to site plan approval by the Planning If ul collection and 1 Board b s s Amended 5-23-1989 [ Y L.L. No. Y� enforcement of real property taxes in the 7-1989; 4-28-1997 by L.L. No. 6-1997; wh}l Town of Southold. 11-12-1997 by L.L.No.26-1997;2-12-2013lotj [2] This subsection is enacted pur- by L.L.No.2-2013;6-17-2014 by L.L.No. 10 k suant to§10 of the Municipal Home 7-20141 stag Rule Law to promote the public health,safety (10) Commercial solar energy production mai and general welfare system,subject to the following cntena• cell of Town citizens through removal provisions (a) The commercial solar energy sys- hent to ensure the proper tem shall not be on a parcel of less than five to t decommissioning of commercial solar energy acres Bu production systems (b) Solar energy production facilities file within the entire Town.The removal reduc- shall be permitted only on those lands pre- cu1 tion provision of this viously cleared and/or disturbed on or before toggi chapter shall supersede any inconsistent por- January 1,2018.No additional clearing shall prol- tions of Town Law§ be permitted, except that the removal of with 64,Subdivision 5-a,and govern the subject of shrubs,underbrush and trees under six inches the I- removal of In_diameter shall be permitted and sysi commercial solar energy production systems shall not be deemed clearing. whil in this chapter. (cb) All ground-mounted panels shall local Article XXXII not exceed the height of eight feet. prep Plum Island Conservation District(PIC) (dc) All mechanical equipment of the next [Added 8-27-2013 by L.L.No.6-2013] a commercial solar energy system, includingupo� Purpose.§280-186 Purpose. any structure for batteries or storage cells, I The purpose of the Plum Island Conserva- shall be completely enclosed by a minimum sucYl tion District is to preserve the integrity of the i eight-foot-high fence with a self-locking gate. coni regionally significant natural,scenic and his- ---— - ---- --- -- -- (ed) Notwithstanding any requirement enfol tone resources of Plum Island for the benefit in§280-63 of this chapter,the total man of the residents of the Town of Southold LEGAL NOTICE• surface area of all ground-mounted tim" §280-187 Use regulations. NOTICE OF PUBLIC HEARING and freestanding solar collectors, saml In the Plum Island Conservation District,no NOTICE IS HEREBY GIVEN including solar photovoltaic cells, colle, building or premises shall be used and no WHEREAS,there has been presented to the panels,and arrays,shall not exceed enfo building or part of a building shall be erected Town Board of the Town of Southold,Suffolk 80%of the total parcel area. Tc,), or altered which is arranged,intended or de- County,New York,on the 10th day of April, (fu) A minimum twenty-five-foot pe- I signed to be used,in whole or in part,for any 2018,a Local Law entitled"A Local Law in nmeter buffer,consisting of natural and suan purpose except the following: relation to Amendments to Chapter 280 as undisturbed vegetation, supple- I B Uses permitted by special exception of it pertains to the siting of commercial solar mented with evergreen plantings,as needed, heall the Board of Appeals.The following uses are energy systems"now,therefore,be it shall be provided around all 'ine- t permitted as a special exception by the Board RESOLVED that the Town Board of the chanical equipment and solar panel arrays prov of Appeals as hereinafter provided and sub- Town of Southold will hold a public hearing to provide screening from adjacent r ject to site plan approval by the Planning I on the aforesaid Local Law at the Southold residential properties and Town, solar Board Town Hall,53095 Main Road,Southold,New county and state roads.A vegetated I (1) j York,on the 22nd day of May at 4:31 p.m.at mov which time all interested persons will be uses. Commercial solar energy pro- given an opportunity to be heard systew hum adjam t pioptatics siste duction system,subject to the following The proposed Local Law entitled,"A Lo- - (gf) A minimum setback for a solar criteria. cal Law in relation to Amendments to energy production facility and equipment subjJ (a) The commercial solar energy sys- ; Chapter 280 as it pertains to siting of com- used in conjunction with the solar en- tem shall not be on a parcel of less than mercial solar energy systems"reads as fol- ergy production facility shall be tion! five acres lows located at least 100 feet from any resi- (b) Solar energy production facilities LOCAL LAW NO.2018 dential dwelling or zone shall be permitted only on those lands A Local Law entitled,"A Local Law in (hr) All solar energy production sys-,[Ad( previously cleared and/or disturbed relation to Amendments to Chapter 280 as tems shall be designed and located in order §281 on or before January 1,2018 No it pertains to siting of commercial solar to prevent reflective glaze toward any The additional clearing shall be permitted,energy systems" habitable buildings as well as streets tract except that the removal of shrubs, BE IT ENACTED by the Town Board of the and tights-of-way. and i underbrush and trees under six inches Town of Southold as follows: (ij) All on-site utility and transmission be a in diameter shall be permitted and 1. Purpose.The Town Board of the Town of lines shall be,to the extent feasible, Paz JJ shall not be deemed clearing Southold recognizes the importance of re- placed underground. §28l (cb) All ground-mounted panels shall newable energy facilities. However, it is Or) A clearly visible warning sign con- In th� not exceed the height of eight feet equally important to protect our natural re- ceming voltage must be placed at theshall l (dc) All mechanical equipment of the sources by providing standards for solar en- base of all pad-mounted transformers builds commercial solar energy system, ergy production facilities on those lands that and substations arranj including any structure for batteries or _ have been previously cleared and/or dis- (kJ) The system shall be designed and wholl storage cells,shall be completely turbed. It is altogether reasonable that the situated to be compatible with the folloi enclosed by a minimum eight-foot- Town Board makes adequate provisions for existing uses on adjacent and nearby A. I high fence with a self-locking gate these facilities,and it is imperative that such properties. perm --fid) Notwithstandme anv reaulrenient facilities do not adverselyaffect surrounding g (lk) In approving a special exception, system and the owner of tho-prop- and nearby properties It is therefore the intent the Planning Board may waive or erty upon which the system is �rted of this section to provide adequate safeguards modify any of the above criteria if it located, with the Assessors, who for the location,siting and operation of solar finds that there is no detriment to shall,in the preparation of the Its energy production facilities and solar collet- public health,safety and welfare. next assessment roll, assess such tion systems. (nit) Any special exception approval ' amount upon such property.Such H. Chapter 280 of[lie Code of the Town of granted under this article shall have a term amount shall be included in the levy ie- Southold is hereby amended as follows: of 20 years, commencing from the i against such property,shall 1 Article XIV grant of the special exception,which constitute a lien and shall be col- Light Industrial Park/Planned Office Park may be extended for additional five- C- i Y ected and enforced in the same - (LIO)District year terms upon application to the i manner,by the same proceedings, a_ [Added 1-10-1989 by L.L.No.1-1989] Planning Board. a at the same time and under the - I §280-57 Purpose. (nm) Decommissioning/removal- s, same penalties as are provided by � The purpose of the Light Industrial Park/ [1] Any commercial solar energy E law for the collection and S It t Planned Office Park(LIO)District is to pro- production system that is not operated for a 6 °'enforcement of real property taxes 11c, vide opportunity for the location of business continuous period of 24 months shall be 6 in the Town of Southold. and professional offices, research facilities, deemed abandoned.At that time,the owner of �] [2] This subsection is enacted pur- ( industnal uses and similar activities in an the commercial solar energy production sys- d suant to§ 10 of the Municipal Home b I open,campus-like setting in areas which are tem or the owner of the property where the l Rule Law to promote the public ll not appropriate for commercial activity or commercial solar energy production system is ti health,safety and general welfare �d1) low-density residential development.-ht this located shall remove I of Town citizens through removal �IS; area,such uses can be established in an attrac- all components thereof within 90 days of suchprovisions to ensure the proper C tive environment and serve both as a means of deemed abandonment or will be m violation s� decommissioning of commercial preserving the open qualities of an area and of this section.In the case of a commercial i solar energy production systems r, providing an area adjacent to hamlet areas solar energy production system on preexisting o within the entire Town The re- 'I5 where such uses can be appropriately devel- structures, this provision shall apply to the moval reduction provision of this oped with suitable protection for ground-and commercial solar energy production system ei chapter shall supersede any incon- surface waters All uses must conform to Suf- only If the commercial solar energy produc- sistent portions of Town Law§ IIe-F-IN i folk County Health Department standards. tion system is not removed within said 90 ii 64,Subdivision 5-a,and govern the V8,` §280-58 Use regulations. days, the Building Inspector may give the subject of removal of In the-LIO District,no building or premises owner notice that unless the removal is ac- B shall be used and no buildingor art of a p Y commercial solar energy produc- P com fished within 30 days, the Town will n [ton systems m this chapter. £ building shall be erected or altered which is cause theremoval at the owner's expense All IH. SEVERABILITY os arranged,intended or designed to be used,in costs and expenses incurred by c -Su If any clause,sentence,paragraph,section,or- whole or in part,for any purpose except the the Town in connection with any proceeding part 6f this Local Law shall be adjudged by V'l following. or any work done for o any court of competent jurisdiction to be in- Qyjnj A Permitted uses.The following uses are the removal of-a commercial solar energy valid,the judgment shall not affect the valid- I`hep 1 permitted uses and,except for those uses per- production system shall h ity of this law as a whole or any part thereof i jl mitted under Subsection A(1)hereof,are sub- be assessed against the land on which such °d other than the part so decided to be unconsti- 1RI' ject to site plan approval by the Planning commercial solar i d y' tutional or invalid.. Board [Amended 5-9-1989 by L.L. No. energy production system is located, and a s'IV EFFECTIVE DATE Asp% 6-1989; 11-29-1994 by L.L.No.26-1994; statement of such sl This Local Law shall take effect immediately N3h 4-28-1997 by L.L.No.6-19971 expenses shall be presented to the owner of it �I upon filing with the Secretary of State as B Uses permitted by special exception of the property,or if the the Board of Appeals.The following uses are owner cannot be ascertained or located,then 86 Provided by law Ofi 9,s�t April 10,2018 permitted as a special exception by the Board such statement shall 'JI(Dated A p ly`step of Appeals as hereinafter provided, except be posted in a conspicuous place on the prem- ri BY THE ORDER OF THE �I SubsectionB(10),which may be permitted as ises.Such assessment ° SOUTHOLD TOWN BOARD 1412W VII) Elizabeth A.Neville/ �Xepsk a special exception by the Planning Board; ha,�1 b and n t tote j l ep upon such land ,e Southold Town Clerk'®2[P and all such special exception uses'•ShAllj b°ej,is,l,3,�ei -t 't ° I e --- 2198430 i COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items-1,2,and 3. A. Signature W ■ Print your name and address on the reverse X eit4 so that we can return the card to you. <�1 ❑Addressee' ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) " 'Dat of Relive or on the front if space permits. ti 1. Article Addressed o: D. Is delivery address different fromPitem ? ❑Yes �htfyh4S S�QX• �et y If YES,enter delivery address bei w: ❑No SC �L ©� �11�>nn UsQ� P, 0 . x DD CX) 3. Service Type ❑Prionty Mail Express® II I IIIIII III III I II I II II II I III II II II I I I I��III ❑Adult Signature ❑Registered MaAdult Signature Restricted Delivery Registered Mail 11ii Restricted R Certified Mall® Delivery 9590 9402 2925 7094 3455 07 ❑Cerfifled Mail Restricted Delivery ❑Retum Receipt for 13 Collect on Delivery Merchandise 2. Article Number(Transfer from service iabeD ❑Collect on Delivery Restricted Delivery ❑Signature Confvmatfonr" ❑Insured Mail ❑Signature Confirmation 7 010 1060 0001 15 71 0059 , ❑Insured Mail Restricted Delivery Restricted Delivery _ -_ (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt U& °o °o BC)rr _- ' IiL MDT i —1125 • . p E: • 30•�PET3 u /1 s i G lir Postage $ fir , j 7Ln � 17=1 Ln Postage $ Certified Fee , �c m r� Certified Fee rl �, Iposimar p Return Receipt,Fee '1 Here r� l �� (Endorsement Requ red) t O Return Receipt Fee PLgtRnark 0 (Endorsement Required) Restricted Delivery Fee e Ca Here (Endorsement Required) O� Restricted Delivery Fee p 0 (Endorsement Required) -nO Total Postage&Fees $ t —0 -q C3 Total Postage&Fees t To II Street,Apt No., / � �,,� or PO Box No = Q -1 , E3 Street,Apt.No, -=- > l~- - -------- ----- lS d -- or PO Box No - P 1171 --------- ' � CDC __1... Q1.JL _ 6►.0 �'V 1—���/� cry,sra e,-;+� f _ _ ---- ---- ------------------- ' �Ij 01 oo. COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1'2;.and 3. A.. nature ■ Print your name-andA40ress on the reverse X `U-�(� ❑Agent so that we can return the card to you. �) / ❑Addressee ■ Attach this card to the back of the mailpiece, B. Rec eiv by Printed Name) N ate,, f Delivery or on the front if space permits. `� n r"1(A' 1. Article Addressed to: D. Is delivery address different from item 17 IJ Yes LZ 5.C�e YG k Com�, If YES,enter delivery address below: ❑No �-0. 1��x Q L-1 cam, j o-), Kl i 1-70Z- 3. Service Type ❑Priority Mall Express® II I I I I IIII III I II I II II I I I I II II I II I I III ❑Adult Signature ❑Registered Maur^+ ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted Certified Mall® Delivery 9590 9402 2925 7094 3455 14 ElCe�fled Mail Restricted Delivery 13Retum Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transferfrom service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm ❑insured Mad ❑Signature Confirmation 7 010 1060 0001 15 71 0042 1❑ nsured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-00D-9053 Domestic Return Receipt LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk-County,New York, on the 10th day of April, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280 as it pertains to the siting of commercial solar energy systems" now,therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 22"d day of May at 4:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 'as it pertains to siting,of commercial solar energy systems" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 as it pertains to siting of commercial solar energy systems" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold recognizes the importance of renewable energy facilities. However, it is equally important to protect our natural resources by providing standards for solar energy production facilities on those lands that have been previously cleared and/or-disturbed. It is altogether reasonable that the Town Board makes adequate provisions for these facilities, and it is imperative that such facilities do not adversely affect surrounding and nearby properties. It is therefore the intent of this section to provide adequate safeguards for the location, siting and operation of solar energy production facilities and solar collection systems. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Article XIV Light Industrial`Park/Planned Office Park(LIO) District [Added 1-10-1989 by L.L. No. 1-19891 §•280-57 Purpose. The purpose of the Light Industrial Park/Planned Office Park (LIO) District is to provide opportunity for the location of business and professional offices, research facilities, industrial uses and similar activities in an open, campus-like setting in areas which are not appropriate for commercial activity or low-density residential development. In this area, such uses can be established in an attractive environment and serve both as a means of preserving the open qualities of an area and providing an area adjacent to hamlet areas where such uses can be appropriately developed with suitable protection for ground- and surface waters. All uses must conform to Suffolk County Health Department standards. § 280-58 Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28-1997 by L.L. No. 6-19971 B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 5-23-1989 by L.L. No. 7-1989; 4-28-1997 by L.L. No. 6-1997; 11-12- 1997 by L.L. No. 26-1997; 2-12-2013 by L.L. No. 2-2013; 6-17-2014 by L.L. No. 7-20141 (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018. No additional clearing shall be permitted except that the removal of shrubs underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (de) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed) Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. ^ .b_tatea r- __mete_buffe_ shall be installed to pr-evi.ia of the J rb system adjaeent 1 (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (i}) All on-site utility and transmission lines shall be,to the extent feasible, placed underground. C1) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (kms) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (1k) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (ml) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (nm) Decommissioning/removal: [1] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action,the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [2] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. Article XV Light Industrial (LI) District [Added 1-10-1989 by L.L. No. 1-19891 § 280-61 Purpose. The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. § 280-62 Use regulations. In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2) hereof, are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28- 1997 by L.L. No. 6-1997] B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 4-28-1997 by L.L. No. 6-1997; 2-12-2013 by L.L. No. 2-2013; 6-17- 2014 by L.L. No. 7-2014] (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018.No additional clearing shall be permitted except that the removal of shrubs, underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (de) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed) Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. ^ vegetated Y_._ _..*__ buff-_r shall be installed pr-evide year round ser-eening of the system from adjaeent pr-opeAies- (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. & All on-site utility and transmission lines shall be,to the extent feasible, placed underground. (ii) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (kms) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (1k) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (ml) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (_nm) Decommissioning/removal: [1] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days,the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located,then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [2] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. Article XXXII Plum Island Conservation District (PIC) [Added 8-27-2013 by L.L. No. 6-20131 § 280-186 Purpose. The purpose of the Plum Island Conservation District is to preserve the integrity of the regionally significant natural, scenic and historic resources of Plum Island for the benefit of the residents of the Town of Southold. § 280-187 Use regulations. In the Plum Island Conservation District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: (1) Solar ftthat needed t ;dpower-t ,.,, i fted bJ b ooeo r p r.,< e „o u-s€s. Commercial solar energy production system subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018.No additional clearing shall be permitted except that the removal of shrubs underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (de) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (e4) Notwithstanding any requirement in § 280-63 of this chapter, the total T surface area of all ground-mounted and freestanding solar collectors, includingsolar olar photovoltaic cells panels and arrays shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. ^ r-buff-r shallinstalled to b * * d perpr-evide year- round ser-eening of the system from aojaeenl pr-eper-fies. imeter- (gf) A minimum setback for a solar energv production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone .(hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (ij) All on-site utility and transmission lines shall be to the extent feasible, placed underground. (j i) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (k) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (11) In approvingaspecial exception the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (ml) Any special exception approval granted under this article shall have a term of 20 years commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (nm) Decommissioning/removal: f 1l Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building_Inspector may_give the owner notice that unless the removal is accomplished within 30 days the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceedingor r any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy,production system is located and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property_upon which the system is located with the Assessors who shall in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings at the same time and under the same penalties as are provided by law for the collection and enforcement of real properly taxes in the Town of Southold. I2l This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy productionsystems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law 64 Subdivision 5-a and govern the subject of removal of commercial solar energy production systems in this chapter. Article XXXI Plum Island Research District (PIR) [Added 8-27-2013 by L.L. No. 6-2013] § 280-182 Purpose. The purpose of the Plum Island Research District is to encourage the use of land for research and educational opportunities, provide quality employment opportunities and to preserve Plum Island's regionally significant natural, historic, scenic and cultural resources. § 280-183 Use regulations. In the PIR District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: or generation needed rain power- Ne use-s.Commercial solar energy,production system subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018. No additional clearing shall be permitted except that the removal of shrubs underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (de) All mechanical equipment of the commercial solar energy system, including y structure for batteries or storage cells shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed) Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, includingsolar olar photovoltaic cells panels and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. " vegetated perimeter buff__ shah be installed to provide year- round ser-eening of the system ftom adjaeont propei4ies. (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (iD All on-site utility and transmission lines shall be to the extent feasible, placed underground. (ji) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (kD The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (1k)In approving a special exec-ption the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health safety and welfare. (ml) Any special exception approval granted under this article shall have a term of 20 years commencing from the grant of the special exception, which maybe extended for additional five-year terms upon application to the PlanningBoard. (nm) Decommissioning/removal: Lll AU commercial solar energy.production system that is not operated for a continuous period of 24 months shall be deemed abandoned At that time the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days,the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located,then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located with the Assessors who shall in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included in the levy gainst such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [21 This subsection is enacted pursuant to � 10 of the Municipal Home Rule Law to promote the public health safetyand general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law 64 Subdivision 5-a and govern the subject of removal of commercial solar energy production systems in this chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: April 10, 2018 BY THE ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH IN THE APRIL 19, 2018 EDITION OF THE SUFFOLK TIMES AND PROVIDE ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN CLERK'S OFFICE, PO BOX 1179, SOUTHOLD,NY 11971. Rudder, Lynda From: Rudder, Lynda Sent: Monday,April 16, 2018 11:45 AM To: GSMurphy; Evans, Louisa; legals@timesreview.com; Lisa Finn (lisaahfinn@gmail.com); Michaelis,Jessica; Reisenberg, Lloyd; Southold Local (denise@southoldlocal.com); Dinizio,James; Doherty,Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Norklun, Stacey; Rudder, Lynda; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William Ruland; Duffy, Bill; Hagan, Damon; Silleck, Mary Subject: Commercial Solar for advertisement Attachments: Commercial Solar.docx Please advertise in the Suffolk Times on 4/19 and the Town website and also post in public places on Fishers Island please. � o ELIZABETH A.NEVILLE,MMC O o�FFoL,�oG Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS coo Fax(631)765-6145 MARRIAGE OFFICER ,f. ��. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �O( �`� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 12, 2018 Re: Resolution Number 2018—359,"A Local Law in Relation to Amendments to Chapter 280 as it pertains to the siting of commercial solar energy systems Donald Wilcenski,Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr.Wilcenski: The Southold Town Board at their regular meeting held on April 10, 2018 adopted the resolution referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is 4:31PM,Tuesday, May 22,2018. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, , 'p Eliza h A. Neville Southold Town Clerk Enclosure cc:Town Board Town Attorney SO FOL ELIZABETH A.NEVILLE,MMC O� C®�i Town Hall,53095 Main Road TOWN CLERK y� P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ,!► Off. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �j �� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 12, 2018 Re: Resolution Number 2018—359 "A Local Law in Relation to Amendments to Chapter 280 as it pertains to the siting of commercial solar Systems. USPS Andrew P. Freeling, Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freeling, The Southold Town Board at their regular meeting held on April 10, 2018 adopted the resolution referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Southold Town Planning Board for their review. The date and time for this public hearing is 4:31PM Tuesday, May 22,2018. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours,, Eliza th A. Neville Southold Town Clerk Enclosure cc:Town Board Town Attorney RESOLUTION 2018-359 ADOPTED DOC ID: 14024 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-359 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 10,2018: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 10th day of April, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280 as it pertains to the siting of commercial solar energy systems" now,therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 22°d day of May at 4:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 as it pertains to siting of commercial solar energy systems" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 as it pertains to siting of commercial solar energy systems" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold recognizes the importance of renewable energy facilities. However, it is equally important to protect our natural resources by providing standards for solar energy production facilities on those lands that have been previously cleared and/or disturbed. It is altogether reasonable that the Town Board makes adequate provisions for these facilities, and it is imperative that such facilities do not adversely affect surrounding and nearby properties. It is therefore the intent of this section to provide adequate safeguards for the location, siting and operation of solar energy production facilities and solar collection systems. f II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Article XIV Light Industrial Park/Planned Office Park(LIO) District [Added 1-10-1989 by L.L. No. 1-1989] § 280-57 Purpose. The purpose of the Light Industrial Park/Planned Office Park (LIO) District is to provide opportunity for the location of business and professional offices, research facilities, industrial uses and similar activities in an open, campus-like setting in areas which are not appropriate for Resolution 2018-359 Board Meeting of April 10, 2018 commercial activity or low-density residential development. In this area, such uses can be established in an attractive environment and serve both as a means of preserving the open qualities of an area and providing an area adjacent to hamlet areas where such uses can be appropriately developed with suitable protection for ground- and surface waters. All uses must conform to Suffolk County Health Department standards. § 280-58 Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28-1997 by L.L. No. 6-19971 B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 5-23-1989 by L.L. No. 7-1989; 4-28-1997 by L.L. No. 6-1997; 11-12- 1997 by L.L. No. 26-1997; 2-12-2013 by L.L. No. 2-2013; 6-17-2014 by L.L. No. 7-2014] (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018. No additional clearing shall be permitted, except that the removal of shrubs, underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (de) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-clocking gate. (ed)Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. A vegetated per-imeteF buff-er- shall be installed to pr-ovide year- round ser-ceflifig 0 the system from adjaeent prepeftias-. (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone Updated: 4/10/2018 3:52 PM by Lynda Rudder Page 2 Resolution 2018-359 Board Meeting of April 10, 2018 (h}) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. ( ) All on-site utility and transmission lines shall be,to the extent feasible,placed underground. (ii) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (] ) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (lk) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (MI) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception,which may be extended for additional five-year terms upon application to the Planning Board. (pm)Decommissioning/removal: [1] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time,the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located,then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [2] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this Updated: 4/10/2018 3:52 PM by Lynda Rudder Page 3 Resolution 2018-359 Board Meeting of April 10, 2018 chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. Article XV Light Industrial (LI) District [Added 1-10-1989 by L.L. No. 1-1989] § 280-61 Purpose. The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. § 280-62 Use regulations. In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2) hereof, are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by L.L. No. 64989; 11-29-1994 by L.L. No. 26-1994; 4-28- 1997 by L.L. No. 6-1997] B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection 13(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 4-28-1997 by L.L. No. i6-1997; 2-12-2013 by L.L. No. 2-2013; 6-17- 2014 by L.L. No. 7-2014] (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018. No additional clearing shall be permitted, except that the removal of shrubs, underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (de-) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed) Notwithstanding any requirement in §'280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (f€) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. -^- vegetated pei:imeter-buffer-shall be installed to provide year- round sereefling of the system from adjaeenprop (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent Updated: 4/10/2018 3:52 PM by Lynda Rudder Page 4 Resolution 2018-359 Board Meeting of April 10, 2018 reflective glare toward any habitable buildings as well as streets and rights-of-way. (i}) All on-site utility and transmission lines shall be,to the extent feasible, placed underground. (li) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (kms') The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (1k) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (MI) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (nm)Decommissioning/removal: [1] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid,together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [2] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in Updated: 4/10/2018 3:52 PM by Lynda Rudder Page 5 Resolution 2018-359 Board Meeting of April 10, 2018 this chapter. Article XXXII Plum Island Conservation District(PIC) [Added 8-27-2013 by L.L. No. 6-2013] § 280-186 Purpose. The purpose of the Plum Island Conservation District is to preserve the integrity of the regionally significant natural, scenic and historic resources of Plum Island for the benefit of the residents of the Town of Southold. § 280-187 Use regulations. In the Plum Island Conservation District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: (1) Solar energy generation; exeess „ftp at needed to p „de power to p , ,hied uses. Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018.No additional clearing shall be permitted, except that the removal of shrubs, underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing (cb) All ground-mounted panels shall not exceed the height of eight (de) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot- high fence with a self-locking gate. (ed) Notwithstanding gny requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, includingsolar olar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. e vegetated Perimeter-buff- shall be installed to provide year- r-ound ser-eenkig of the system ffem adjaeont (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way_ (ij) All on-site utility and transmission lines shall be, to the extent feasible, placed underground. (ji) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (k�) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (lk) In approving a special exception., the Planning Board may waive or modifaany of the above criteria if it finds that there is no detriment to public health, safety and welfare. Updated: 4/10/2018 3:52 PM by Lynda Rudder Page 6 Resolution 2018-359 Board Meeting of April 10, 2018 (ml) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the PlanningBoard. oard. (nm). Decommissioning/removal: [1] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components' thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production,system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspector maygive the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such'dmount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [2] This subsection is enacted pursuant to §10 of the Municipal Home Rule Law to promote the public health, safetygeneral welfare of Town citizens'through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. Article XXXI Plum Island Research District (PIR) [Added 8-27-2013 by L.L. No. 6-2013] § 280-182 Purpose. The purpose of the Plum Island Research District is to encourage the use of land for research and educational opportunities,provide quality employment opportunities and to preserve Plum Island's regionally significant natural, historic, scenic and cultural resources. § 280-183 Use regulations. In the PIR District, no building or premises shall be used and no building or part of a building Updated: 4/10/2018 3:52 PM by Lynda Rudder Page 7 ' I Resolution 2018-359 Board Meeting of April 10, 2018 shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: I B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: (1) c l , gene,ation ; exeess of that n, edea to provide power-to r,or„,;tted uses.Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy ystem shall not be on a parcel of less than five acres. (b) Solar energy production facilities shalil be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2018. No additional clearing shall be permitted, except that the removal of shrubs, underbrush and trees under six inches in diameter shall be.permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (de) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storagel shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed) Notwithstanding any requirement in §1280-63 of this chapter, the total surface area of all ground-mounted and freestanding�solar collectors, includingsolar olar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall be provided around all mechanical equipment and Isolar panel arrays to provide screeningfrom rom adjacent residential properties and Town, county and state roads. A-o-egetatea perimeter-buff-er-shall be installed to Or-evide year- round sereening ef the system from add a„t properties. (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone 11 (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (ij) All on-site utility and transmission lines shall be, to the extent feasible, placed underground. (i}) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. }) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (1k) In approving a special exception, the Planning Board may waive or modify_any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (ml) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the PlanningBoard. oard. (nm)Decommissioning/removal: i [11 Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production swstem or the owner of the property where the commercial solar energy production s,'ystem is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting I Updated: 4/10/2018 3:52 PM by Lynda Rudder Page 8 Resolution 2018-359 Board Meeting of April 10, 2018 structures, this provision shall apply to the commercial solar energy productionsystem only. If the commercial solar energy production system is not removed within said 90 days,the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceedingor r any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy gainst such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [2l This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Updated: 4/10/2018 3:52 PM by Lynda Rudder Page 9 Y Southold Town Board-Letter Board Meeting of April 10,2018 RESOLUTION 2018-359 Item # 5.45 ADOPTED DOC ID: 14024 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-359 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 10,2018: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on.the 10th day of April, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280 as it pertains to the siting of commercial solar energy systems" now,therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 22°d day of May at 4:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 as it pertains to siting of commercial solar energy systems" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 as it pertains to siting of commercial solar energy systems" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold recognizes the importance of renewable energy facilities. However, it is equally important to protect our natural resources by providing standards for solar energy production facilities on those lands that have been previously cleared and/or disturbed. It is altogether reasonable that the Town Board makes adequate provisions for these facilities, and it is imperative that such facilities do not adversely affect surrounding and nearby properties. It is therefore the intent of this section to provide adequate safeguards for the location, siting and operation of solar energy production facilities and solar'collection systems. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Article XIV Light Industrial Park/Planned Office Park (LIO) District [Added 1-10-1989 by L.L. No. 1-19891 Generated April 11, 2018 Page 60 Southold Town Board- Letter Board Meeting of April 10, 2018 § 280-57 Purpose. The purpose of the Light Industrial Park/Plannedl Office Park (LIO) District is to provide opportunity for the location of business and professional offices, research facilities, industrial uses and similar activities in an open, campus-like setting in areas which are not appropriate for commercial activity or low-density residential development. In this area, such uses can be established in an attractive environment and serv'le both as a means of preserving the open qualities of an area and providing an area adjacent to hamlet areas where such uses can be appropriately developed with suitable protection for ground- and surface waters. All uses must conform to Suffolk County Health Department standards. § 280-58 Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by L.L. No. 6-1989; 111-29-1994 by L.L. No. 26-1994; 4-28-1997 by L.L. No. 6-1997] I B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 5-23-1989 by L.L. No. 7-1989; 4-28-1997 by L.L. No. 6-1997; 11-12- 1997 by L.L. No. 26-1997; 2-12-2013 by L.L.No. 2-2013; 6-17-2014 by L.L.No. 7-20141 (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities)shall be permitted only on those lands previously cleared and/or disturbed on or before January 1 2018.No additional clearing shall be permitted except that the removal of shrubs,underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. cb All ground-mounted panels shall I of exceed the height of eight feet. (de) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed)Notwithstanding any requirement in § 280-63 of this chapter,the total surface area of all ground-mounted and fi•eestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings, as needed, shall Generated April 11, 2018 Page 61 1 Southold Town Board -Letter Board Meeting of April 10, 2018 be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. A vegetated perimeter-buffer shall be hist.,lled to provide year roundser-eeningF the system from adjaeent prepefties- (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (i ) All on-site utility and transmission lines shall be, to the extent feasible,placed underground. A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (1 ) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. Qk) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (MI) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (pm)Decommissioning/removal: [1] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time,the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days,the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property Generated April 11, 2018 Page 62 r• Southold Town Board - Letter Board Meeting of April 10, 2018 upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [2] This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. Article XV Light Industrial (LI) District [Added 1-10-1989 by L.L. No. 1-19891 § 280-61 Purpose. The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. § 280-62 Use regulations. In the LI District,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2)hereof, are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L.No. 26-1994; 4-28- 1997 by L.L.No. 6-19971 B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: [Amended 4-28-1997 by L.L. No. 6-1997; 2-12-2013 by L.L. No. 2-2013; 6-17- 2014 by L.L. No. 7-20141 (10) Commercial solar energy production system, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1 2018.No additional clearing shall be permitted except that the removal of shrubs underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (de) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. Generated April 11, 2018 Page 63 Southold Town Board - Letter Board Meeting of April 10, 2018 (ed) Notwithstanding any requirement in § 280-63 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells,panels, and arrays, shall not'exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings;as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads. A vegetated perimetef buffer-shall be installed to provide year- round screening of the systetu ffofn adjaeont pir-vpe (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (j) All on-site utility and transmission lines shall be, to the extent feasible,placed underground. (j}) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. () ) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (ll-) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (MI) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (nm)Decommissioning/removal: [1] Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time,the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures,this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days,the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days,the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or,if the owner cannot be ascertained or located,then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such Generated April 11, 2018 Page 64 i I Q Southold Town Board - Letter Board Meeting of April 10, 2018 I assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid,together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such ainount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner,by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. [2] • This subsection is enacted pursuant to 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law § 64, Subdivision 5-a, and govern the subject of removal ofcommercial solar energy production systems in this chapter. , . j Article XXXII Plum Island Conservation District (PIC) [Added 8-27-2013 by L.L. No. 6-20131 § 280-186 Purpose. The purpose of the Plum Island Conservation District is to preserve the integrity of the regionally significant natural, scenic and historic resources of Plum Island for the benefit of the residents of the Town of Southold. § 280-187 Use regulations. In the Plum Island Conservation District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except!the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Boaid of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: (1) Solar-efiergy generation excess of4- l roI" a to providepoi.A.or- penni� Commercial solar energy production system. subject to the following criteria: (a) The commercial solai it be on a parcel of less than five acres. (b) Solar energy production facilities!shall be permitted only on those lands previously cleared and/or disturbed on or beforeJanuary 1 2018. No additional clearing shall be permitted except that the removal of shrubs underbrush and trees under six inches in diameter shall be permitted and shall not be deemed cleaning. (cb) All ground-mounted panels shall not exceed the height of eight feet. (de) All mechanical equipment of the Commercial solar energy system, including any structure for batteries or storage cells shall be completely enclosed by a minimum eight-foot- high fence with a self-locking gate. ' (ed) Notwithstanding any requirement!in § 280-63 of this chapter,the total surface area of all ground-mounted and freestandingsolarcollectors including solar photovoltaic cells, Generated April 11, 2018 Page 65 I Southold Town Board - Letter Board Meeting of April 10, 2018 panels and arrays shall not exceed 80% of the total parcel area. (fe-) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation supplemented with evergreen plantings as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town county and state roads. " vegetated perimeter-r.„f r Shall installed te-provide year- r-eund screening of the system ftom adj aeeRl pr-opei4ies. (gf) A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (h}) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (ij) All on-site utility and transmission lines shall be to the extent feasible, placed underground._ (j}) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. ( j) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (1k) In approving a special exception the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (ml) Any special exception approval granted under this article shall have a term of 20 years commencing from the giant of the special exception which may be extended for additional five-year terms upon application to the Planning Board. (nm) Decommissioning/removal: L1 Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time,the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section In the case of a commercial solar energy production system on preexisting structures this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted a legal action may be brought to collect such assessment or to foreclose such lien As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred Generated April 11, 2018 Page 66 e Southold Town Board - Letter Board Meeting of April 10, 2018 and the owner of the system and the owner of the property upon which the system is located with the Assessors who shall in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. L1 This subsection is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law � 64 Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. Article XXXI Plum Island Research District (PIR) [Added 8-27-2013 by L.L. No. 6-2013] § 280-182 Purpose. The purpose of the Plum Island Research District is to encourage the use of land for research and educational opportunities,provide quality employment opportunities and to preserve Plum Island's regionally significant natural, historic, scenic and cultural resources. § 280-183 Use regulations. In the PIR District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: 1 r 1 (1) Solar OJ LU L} FV �.J1V �Y of that needed t tt lY r uses.Commercial solar energy production system subject to the following criteria: (a) The commercial solar enemy system shall not be on a parcel of less than five acres. (b) Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1 2018.No additional clearing shall be permitted except that the removal of shrubs underbrush and trees under six inches in diameter shall be permitted and shall not be deemed clearing. (cb) All ground-mounted panels shall not exceed the height of eight feet. (de) All mechanical equipment of the commercial solar energy system, including any structure for batteries or storage cells shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. (ed) Notwithstanding any requirement in §' 280-63 of this chapter, the total surface area of all around-mounted and freestanding solar collectors including solar photovoltaic cells panels and arrays shall not exceed 80% of the total parcel area. (fe) A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation supplemented with evergreen plantings as needed shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town county and state roads. A vegetated Generated April 11, 2018 Page 67 Southold Town Board - Letter Board Meeting of April 10, 2018 perimeter-buffer-shall be installed to ;.lo ye a sereening ofthe system fFem ac� (gf) AA minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone (hi) All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (i}) All on-site utility and transmission lines shall be to the extent feasible, placed underground. (ji) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (kj•) The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties. (1k) In approving a special exception the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health safety and welfare. (ml) Any special exception approval granted under this article shall have a term of 20 years, commencing from the grant of the special exception which may be extended for additional five-year terms upon application to the Planning Board. (nm)Decommissioning/removal: r11 Any commercial solar energy production system that is not operated for a continuous - period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section In the case of a commercial solar energy production system on preexisting structures this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days the Building Inspector may give the owner notice that unless the removal is accomplished within 30 days the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located then such statement shall be posted in a conspicuous place on the premises Such assessment shall be and constitute a lien upon such land If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action the Building Inspector may file a certificate of the actual expenses incurred as aforesaid together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located with the Assessors who shall, in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected Generated April 11, 2018 Page 68 Southold Town Board - Letter Board Meeting of April 10, 2018 and enforced in the same manner, by the same proceedings at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. Ll This subsection is enacted pursuant to !§ 10 of the Municipal Home Rule Law to promote the public health safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of Town Law 64 Subdivision 5-a, and govern the subject of removal of commercial solar energy production systems in this chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated April 11, 2018 Page 69