Southtowns Record

Town Board minutes — August 12, 2026

Government
Town of Eden
Board
Town Board
Meeting
Aug 12, 2026
Kind
Minutes
Topics
Energy and data center siting, Zoning and land use, Water, sewer and drainage, Public safety, Budget and taxes, Parks and recreation, Audits and oversight, Moratoriums, Roads and traffic

Publisher's summary

Added by hand from the Town of Eden's minutes on eCode360.

Original document

Text · page 21 of 30

Read the whole document on one page (all 30 pages, each with its own heading)

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

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