§ 85-709. Special permit criteria.

In addition to the criteria set forth within Article VIII, § 85-107, the following special permit criteria shall be required for the uses so indicated:

A. 

Solar energy production facility.

(1) 

Shall be permitted only on those lands previously cleared prior to the enactment of §§ 85-703 through 85-712 and for those lands currently used for agricultural purposes as defined in this chapter.

(2) 

There shall be no additional clearing of large trees six inches in diameter or greater.

(3) 

The minimum lot area for a solar energy production facility shall be 20 acres.

(4) 

The maximum height for freestanding solar panels located on the ground or attached to a framework located on the ground shall not exceed 10 feet in height above the ground.

(5) 

The total coverage of a lot with freestanding solar panels cannot exceed the greater of 53% lot coverage.

(6) 

A minimum setback for a solar energy production facility and equipment used in conjunction with the solar farm shall be located at least 100 feet from any residential dwelling or zone other than a dwelling owned by the owner of the land on which the solar farm is located.

(7) 

Ground cover under and between the rows of solar panels shall be low-maintenance, drought-resistant natural vegetation.

(8) 

A sign not to exceed 2.25 square feet shall be attached to a fence adjacent to the main access gate and shall list the facility name, owner and phone number.

(9) 

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

(10) 

Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction.

(11) 

All on-site utility and transmission lines shall, to the extent feasible, be placed underground.

(12) 

All solar energy production facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way.

(13) 

The proposed solar energy production facilities shall not be located adjacent to, or within, the control zone of any airport.

(14) 

All mechanical equipment of the principal solar energy production facility, including any structure for batteries or storage cells, shall be completely enclosed by a minimum six-foot-high fence with a self-locking gate, and provided with landscape screening in accordance with the landscaping provisions of this chapter.

(15) 

A solar farm connected to the utility grid shall provide a "proof of concept letter" from the local utility company acknowledging that the solar farm will be interconnected to the utility grid in order to sell electricity to the public utility entity.

B. 

All applications for a solar energy production facility shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of the solar energy production facility or structure. Prior to issuance of a building permit, the owner or operator of the facility or structure shall post a performance bond or other suitable guarantee in a face amount of not less than 150% of the estimated cost, as determined by the Town Engineer, to ensure removal of the facility or structure in accordance with the decommissioning plan described below. The form of the guarantee must be reviewed and approved by the Town Engineer and Town Attorney, and the guarantee must remain in effect until the system is removed. Review of the guarantee by the Town Engineer and Town Attorney shall be paid from an escrow established by the applicant. Prior to removal of a solar energy production facility or structure, a demolition permit for removal activities shall be obtained from the Town of Brookhaven.

(1) 

If the applicant ceases operation of the solar energy production facility or structure for a period of 18 months, or begins but does not complete construction of the project within 18 months after receiving final site plan approval, the applicant will submit a decommissioning plan that ensures that the site will be restored to a useful, nonhazardous condition without delay, including but not limited to the following:

(a) 

Removal of aboveground and belowground equipment, structures and foundations.

(b) 

Restoration of the surface grade and soil after removal of equipment.

(c) 

Revegetation of restored soil areas with native seed mixes, excluding any invasive species.

(d) 

The plan shall include a time frame for the completion of site restoration work.

(2) 

In the event that construction of the solar energy production facility or structure has been started but is not completed and functioning within 18 months of the issuance of the final site plan, the Town may notify the operator and/or the owner to complete construction and installation of the facility within 180 days. If the owner and/or operator fails to perform, the Town may notify the owner and/or operator to implement the decommissioning plan. The decommissioning plan must be completed within 180 days of notification by the Town.

(3) 

Upon cessation of activity of a fully constructed solar energy production facility or structure for a period of one year, the Town may notify the owner and/or operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or operator can either restore operation equal to 80% of approved capacity, or implement the decommissioning plan.

(4) 

If the owner and/or operator fails to fully implement the decommissioning plan within the one-hundred-eighty-day time period and restore the site as required, the Town may, at its own expense, provide for the restoration of the site in accordance with the decommissioning plan and may, in accordance with the law, recover all expenses incurred for such activities from the defaulted owner and/or operator. The cost incurred by the Town shall be assessed against the property, shall become a lien and tax upon said property, shall be added to and become a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officer and in the same manner as other taxes.