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August 12, 2026 J. General Liability Insurance Required. (1) The applicant shall provide a certificate of insurance, declaration pages and policy of insurance, including all endorsements, in a form and amount as determined by the Town Board which, at minimum, provides for the following: (a) That the applicant and any and all organizations, corporations, and/or subsidiaries, successors or assigns, that in any way have and/or are engaged or contracted with by the applicant to either develop, build, construct, monitor, maintain, repair, replace and/or decommission the Utility-Scale Solar System shall establish, among other things, that they have adequate general liability coverage, as determined by the Town Board, in its sole discretion, including without limitation, property damage coverage, pollution and environmental damage coverage and third party liability coverage. (b) That the Town of Eden, including all departments, Boards, and committees, are listed as an additional insured under said policy. If the property the Utility-Scale Solar Energy System is not legally owned by the applicant then the actual owner shall also be listed as an additional insured under said general liability policy of insurance. (c) The general liability policy of insurance shall not exclude coverage for any environmental or pollution damages that occurs at the solar site during its development, construction, monitoring, operation, repair, replacement, maintenance or decommissioning. (d) The policy of insurance shall provide that it is primary coverage, and that any applicable policies of insurance possessed by the Town are excess insurance. No payment of the primary coverage required herein shall diminish in any manner the capacity, defense obligations and/or policy limits of any policies of insurance possessed by the Town. K. The applicant is required to obtain all necessary regulatory approvals and permits from all federal, state, county and local regulatory agencies having jurisdiction over Tier 3 or Tier 4 Solar Energy Systems. L. The special use permit may be granted or denied, or granted with stated written conditions. Denial of a special use permit shall be by written decision based upon substantial evidence considered by the Board. Upon issuance of a special use permit, the applicant shall seek a building permit for the Tier 3 or Tier 4 Solar Energy System. § 172-9. Completion; inspections; continued operation; removal; determination of abandonment; fees; alterations; transferability. A. Time limit for completion of Tier 3 or Tier 4 Solar Energy Systems. After the granting of a special use permit of a Utility-Scale Solar Energy System with site plan approval, a building permit shall be obtained within twelve (12) months. The project shall be completed within eighteen (18) months after issuance of the building permit. If not completed within 18 months of issuance of the building permit, a $1,000 per week fee will be paid by the project owner to the Town of Eden. If not completed within 24 months of permit issuance, the Special use Permit and Building Permit will be revoked and project will be terminated. The Project Owner may seek relief from this section by application to the Town Board and a showing of good cause. B. Inspections. Upon reasonable notice, the Code Enforcement Officer or his or her designee may inspect any Solar Energy System for the purpose of assuring compliance with this chapter. Twenty -four hours' advance notice by telephone to the owner/operator or designated contact person shall be deemed reasonable notice. Furthermore, a Utility-Scale Solar Energy System shall be inspected annually by a New York State licensed professional engineer that has been approved by the Town or at any other time, upon a belief by the Town Board and/or the Code Enforcement Officer that damage may have occurred, or that the Solar Energy System is not in compliance with the requirements of this chapter. A copy of the inspection report shall be submitted to the Code Enforcement Officer. Fees or expenses associated with inspections shall be borne entirely by the permit holder. C. Continued operation. All Solar Energy Systems shall be maintained in safe operational condition at all times, subject to reasonable maintenance and repair outages. Operational condition includes meeting all approval requirements and conditions required by the Town Board. Further, the Code Enforcement Officer shall have the right to require annual documentation of the on-site usage and total electricity output of any Solar Energy System. D. If the project sustains any damage greater than normal maintenance, applicant must apply for a building permit for repairs. If not repaired with 3 months, a $1,000 per week fee will be paid by the developer to the Town of Eden. If not completed within the 6 months of permit issuance, the Special use Permit and Building 21