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August 12, 2026 emergency access constraints. (13) Tree clearing and vegetation removal. Tree clearing and removal of existing vegetation shall be limited to the minimum extent necessary for construction, operation, maintenance, emergency access, and decommissioning of the Solar Energy System. Removal of healthy existing trees greater than six inches DBH shall be avoided to the maximum extent practicable. Where removal of trees greater than six inches DBH is proposed, the applicant shall submit a Tree Inventory and Tree Clearing Mitigation Plan identifying the location, species, size, condition, and reason for removal of such trees. Mitigation shall be required for removal of trees greater than six inches DBH and may include replacement plantings, enhanced screening, conservation areas, reforestation, or other mitigation approved by the Town Board. Replacement trees used for mitigation shall be appropriately sized, non -invasive, and suitable for local site conditions. (14) Agricultural soils. Disturbance of Prime Farmland, Prime Farmland if Drained, Farmland of Statewide Importance, and Mineral Soil Groups 1 through 4 shall be avoided to the maximum extent practicable. Where such disturbance cannot be avoided, the applicant shall demonstrate why avoidance is not practicable and shall implement mitigation measures approved by the Town Board, including compliance with applicable New York State Department of Agriculture and Markets guidance, topsoil segregation, compaction avoidance, restoration, drainage protection, and continued agricultural use or dual-use strategies where practicable. (15) Environmentally, historically, agriculturally, recreationally, and scenically sensitive resources. The Solar Energy System shall be sited and designed to avoid, to the maximum extent practicable, areas of environmental, scenic, historic, agricultural, or recreational sensitivity, including unique natural areas, floodplains, wetlands, streams, regulated waterbodies, threatened or endangered species habitat, historic or archaeological resources, conservation easements, trails, parkland, public open spaces, prime agricultural soils, and significant public viewsheds, including the Lake Erie viewshed. The applicant shall identify such resources on the site plan and shall demonstrate how the project has avoided or minimized impacts to such resources. (16) Slopes. Installation of Solar Energy System components on areas with slopes greater than 15% shall be avoided to the maximum extent practicable. Where disturbance of such slopes is proposed, the applicant shall demonstrate that the disturbance is necessary and shall provide engineering, stormwater, erosion control, and slope stabilization measures acceptable to the Town Engineer and Town Board. (17) Agricultural Mitigation. For projects located on active agricultural lands, the applicant shall implement agricultural dual-use strategies, continued agricultural activity, or agricultural mitigation measures to the maximum extent practicable and as approved by the Town Board. Such measures may include livestock grazing, haying, pollinator plantings, crop production, soil restoration, agricultural access, drainage protection, or other measures that preserve or offset agricultural productivity. Incorporation of sheep grazing into the vegetation management plan is encouraged where feasible and compatible with site conditions, project safety, and agricultural operations. (18) Noise. The Solar Energy System shall be designed, constructed, operated, and maintained so that operational noise from inverters, transformers, tracking motors, battery components, and all other equipment does not create a material adverse noise impact at any nonparticipating residence or nonparticipating property line. Unless a more restrictive standard is imposed by the Town Board, the operational sound pressure level attributable to the Solar Energy System, measured at the exterior of any nonparticipating residence or at any nonparticipating property line, shall not exceed the preconstruction ambient background sound level by more than 6 dBA, expressed as Leq-8hr, as measured by a qualified acoustician using a methodology approved by the Town Board or Town Engineer. The applicant shall provide a preconstruction baseline noise analysis and, if required by the Town Board, post-construction noise testing after the facility begins operation. If post-construction testing demonstrates exceedance of the approved noise standard or the presence of tonal, impulsive, or low-frequency noise that creates a material adverse impact, the owner/operator shall implement mitigation measures acceptable to the Town Board. (19) Continuing compliance. Compliance with the requirements of this section shall be a continuing condition of any special use permit, site plan approval, building permit, or other approval issued for a Tier 3 or Tier 4 Solar Energy System. Failure to install, maintain, repair, replace, or operate the Solar Energy System and all required improvements in accordance with this section and the approved plans shall constitute a violation of this chapter. F. After completion of a Tier 3 or Tier 4 Solar Energy System, the applicant shall provide written post- 17