Text · page 18 of 30
Read the whole document on one page (all 30 pages, each with its own heading)
August 12, 2026 construction certification from a qualified solar installer, or comparably qualified professional engineer registered in New York State that the project complies with applicable codes and industry p ractices and has been constructed and is operating according to the plans approved by the Town of Eden Planning Board and/or Town Board. G. Ownership Changes (1) The Owner of the project and/or the lessee of the parcel shall give written notice to the Town Board of any proposed change in ownership of the project as soon as possible but not later than 60 days prior to the change in ownership. Such notice shall contain: (a) A statement signed by the successor owner that such person/entity assumes all of the obligatio ns of the permit including the site plan approval, and the decommissioning plan. (b) Acknowledgement in the security that the obligations of the financial institution shall continue despite the proposed change in ownership. In the alternative the notice may contain a new security in full compliance with all requirements of this local law. (2) In the event of failure to give timely notice the permit shall be deemed terminated and the project shall be deemed abandoned. The town may immediately give notice to commence decommissioning pursuant to the Decommissioning Plan. A. Fees. The applicant/owner/operator of Solar Energy Systems shall pay all applicable fees set forth in the Town's Schedule of Fees, including an application fee, special use permit fee, building permit fee and annual inspection fee. All consulting fees and expenses will be borne by the permit holder. The applicant for a Special Use Permit shall deliver to the Town Clerk, along with its application for a Special Use Permit, $50,000 (the “Initial Deposit”) to be held in escrow by the Town for use by the Town to pay consultants and attorneys engaged by the Town to assist in review of all applications for the proposed solar energy system. If the amount held in escrow is depleted prior to grant or denial of all applications associated with the solar energy system, the Applicant shall deposit such funds necessary for the Town to pay any outstanding fees to said consultants. Following approval or denial of the required applications, any excess remaining in esc row shall be returned to the Applicant within 30 days. The Town Board may enter into an escrow agreement with the Applicant at its discretion. I. Financial Security Requirements. (1) Prior to commencement of construction of any Tier 3 or Tier 4 Solar Energy System, and as a continuing condition of any special use permit, site plan approval, building permit, or other approval issued pursuant to this chapter, the applicant, owner, operator, lessee, successor, or assign shall provide financial security in forms and amounts acceptable to the Town Board, in its sole discretion, to secure the full and timely performance of all obligations imposed pursuant to this chapter and any approval issued hereunder. The required financial security shall include, at minimum, (1) decommissioning and site restoration security;) construction/performance security; and (3) maintenance security. The Town Board may require such additional or modified security as it determines necessary to protect the Town, adjoining properties, public infrastructure, agricultural resources, environmental resources, emergency access, and the public health, safety, and welfare. (2) Acceptable forms of security. Unless otherwise approved by the Town Board pursuant to Subsection I(7) below, required financial security shall be provided in the form of an irrevocable and unconditional letter of credit issued by a financial institution licensed and authorized to do business in the State of New York, naming the Town of Eden as beneficiary, and in a form acceptable to the Town Board, Town Attorney, and Town Engineer. The Town Board may also accept, in its sole discretion, cash escrow, a surety bond, performance bond, maintenance bond, or other form of financial assurance, provided that the Town Board determines that such instrument provides protection equal to or greater than an irrevocable letter of credit. In all cases, the financial institution, surety, issuer, form, terms, expiration provisions, renewal provisions, draw provisions, and amount of the security shall be subject to approval by the Town Board in its sole discretion. (3) The applicant, owner, operator, lessee, successor, or assign may apply to the Town Board to substitute, replace, modify, or change the form of the decommissioning and site restoration security. No substitution, replacement, modification, or change in the form of security shall be effective unless approved by resolution of the Town Board and accepted by the Town Attorney as to form. Existing security shall remain in full force and effect until the replacement security has been fully executed, delivered to the Town Clerk, and accepted by the Town Board. 18