§ 220-62.2. Large-scale solar energy systems., Article VI. Regulations Governing Special Permit Uses, Chapter 220. Zoning, Part II. General Legislation, Code of Ordinances, Canandaigua, Town

Large-scale solar energy systems are permitted through the issuance of a special use permit in the following zoning districts: CC-Commercial, AR-1 Agricultural Rural Residential, AR-2 Agricultural Rural Residential, I-Industrial, and RR-3 Rural Residential, subject to the requirements set forth in this section, including site plan approval. Applications for the installation of a Large Scale Solar Energy System shall be reviewed by the Zoning Officer and referred, with comments, to the Planning Board for its review and action, which can include approval, approval with conditions, or denial.

Special use permit application requirements. In addition to the requirements set forth in § 220-35, the following information must be included with an application for a special use permit for large-scale solar energy system:

(1)

If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.

(2)

Blueprints showing the layout of the solar energy system signed by a professional engineer or registered architect shall be required.

(3)

The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.

(4)

Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming, safety concerns, and access. The property operation and maintenance plan shall include details about the proposed use or uses of the remaining property not used for the Large-Scale Solar Energy System, as well as ingress and egress to all portions of the property.

(5)

Decommissioning plan. To ensure the proper removal of Large-Scale Solar Energy Systems, a decommissioning plan shall be submitted as part of the application. Compliance with this plan shall be made a condition of the issuance of a special use permit under this section.

(a)

The decommissioning plan must specify that after the Large-Scale Solar Energy System is no longer being used or is inadequately maintained, it shall be removed by the applicant or any subsequent owner.

(b)

The plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction.

(c)

The plan shall also include an expected timeline for execution.

(d)

A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer. Cost estimations shall take into account inflation.

(e)

Removal of Large-Scale Solar Energy Systems must be completed in accordance with the decommissioning plan.

(f)

If the Large-Scale Solar Energy System is not decommissioned after being considered abandoned, the Town or the Town's duly appointed representative or agent(s) may remove the system and restore the property, and the Town may impose a lien on the property to cover these costs to the municipality, in addition to any other remedies available to the Town.

(6)

Construction schedule. Applicants must submit a proposed schedule for the completion of the project, including the proposed start date and the proposed date of substantial completion, the expected date of connection to the power grid, and the expected date on which operation of the photovoltaic system shall commence.

Special use permit standards. No special use permit for Large-Scale Solar Energy shall be issued unless the Planning Board specifically finds that the proposed project is in compliance with each of the following:

(1)

The Planning Board shall make a determination that the use of the land required by the proposed project shall not cause a loss of valuable agricultural lands to the Town of Canandaigua.

(2)

Setbacks. Large-Scale Solar Energy Systems shall adhere to the setback requirements for accessory structures of the underlying zoning district.

(3)

Height. Large-Scale Solar Energy Systems shall not exceed 10 feet in height.

(4)

Lot coverage. A Large-Scale Solar Energy System that is ground-mounted shall not exceed 50% of the lot on which it is installed. The entire surface area of the solar panels shall be included in the total area regardless of the method by which the panels are supported or attached to the ground, or the angle at which they are placed.

(5)

Security. All Large-Scale Solar Energy Systems shall be enclosed by fencing to prevent unauthorized access, unless the Planning Board determines that fencing will cause environmental or ecological problems, or that such fencing is unnecessary. If the Planning Board makes such a determination, then the applicant must provide for other means, acceptable to the Planning Board, to prevent access to circuit conductors and other electrical components of the system. Warning signs with the property owner's contact information shall be placed on the entrance and perimeter of the property and of the Solar Energy System at locations acceptable to the Planning Board. Any fencing installed shall be acceptable to the Planning Board and shall include screening of said fencing as required by the Planning Board.

(6)

Drainage. All Large-Scale Solar Energy Systems shall include a drainage and stormwater management plan that is acceptable to the Planning Board.

(7)

Easements. All Large-Scale Solar Energy Systems shall provide access, maintenance, and utility easements that are acceptable to the Planning Board. If the Large-Scale Solar Energy System will be operated by any entity other than the property owner, the Planning Board must approve the lease or contractual agreement between the property owner and the system operator.

(8)

The Planning Board must approve the decommissioning plan submitted by the applicant. The Planning Board shall require that the applicant or property owner post an automatically renewing security bond for construction, maintenance, and removal of solar energy systems.

(9)

The Planning Board must approve the property operation and maintenance plan submitted by the applicant.

(10)

All access roads and paths required for the project shall be integrated into other uses on the property, if possible. Access road siting and grading shall be designed to minimize any negative impacts from stormwater drainage.

(11)

All Large-Scale Solar Energy Systems shall be adequately screened, as determined by the Planning Board, to avoid adverse aesthetic impacts.

(12)

Any application under this section shall meet any substantive provisions contained in local site plan requirements in the Zoning Code that, in the judgment of the Planning Board, are applicable to the system being proposed. If none of the site plan requirements are applicable, the Planning Board may waive the requirement for site plan review.

(13)

The Planning Board may impose conditions on the approval of any special use permit under this section in order to enforce the standards referred to in this section, or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA).