Text · page 25 of 30
Read the whole document on one page (all 30 pages, each with its own heading)
August 12, 2026 permit condition or approval. J. Injunctive relief. In addition to any other remedy available at law or equity, the Town may commence an action or proceeding in a court of competent jurisdiction to compel compliance with this chapter, restrain any violation, require removal or decommissioning of a Solar Energy System, require restoration of the property, recover costs and expenses, draw upon or enforce financial security, or obtain any other relief deemed necessary by the Town. K. Revocation or suspension of approvals. The Town Board may suspend or revoke any special use permit, site plan approval, building permit, or other approval issued pursuant to this chapter upon a finding that the applicant, landowner, owner, operator, lessee, successor, assign, or other responsible party has violated this chapter, violated a condition of approval, failed to maintain required financial security or insurance, failed to reimburse Town costs, failed to correct a violation after notice, made a material false or misleading submission, or failed to construct, operate, maintain, transfer, decommission, or restore the Solar Energy System in accordance with the approved plans and condition s. Prior to revocation, the Town Board shall provide written notice of the alleged violation and an opportunity to be heard, except where immediate action is necessary to protect public health, safety, welfare, property, the environment, public infrastructure, emergency access, or the Town’s financial interests. Nothing herein shall limit the Town’s ability to issue stop-work orders, take emergency action, draw upon security, or seek judicial relief before or during a revocation proceeding. L. Emergency action. Where the Town determines that a condition associated with a Solar Energy System presents an imminent or substantial threat to public health, safety, welfare, property, the environment, public infrastructure, or emergency access, the Town may take or direct immediate action to abate or mitigate the condition without prior notice. The responsible party shall reimburse the Town for all costs incurred in connection with such emergency action within 30 days after written demand. M. Remedies cumulative. The remedies provided in this chapter are cumulative and not exclusive. The Town may pursue any one or more remedies simultaneously or sequentially, including notice of violation, stop -work order, civil penalty, criminal penalty, suspension or revocation of approvals, use of escrow or security, assessment and lien, civil action, injunctive relief, decommissioning, removal, restoration, or any other remedy available under the Town Code, state law, federal law, permit condition, approval, agreement, or security instru ment. § 172-11. Interpretation; conflict with other law; severability. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. It is not intended to interfere with, abrogate, or annul other rules, regulations or laws, provided that whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted regulations, rules or laws, the mos t restrictive, or those which impose the highest standards, shall govern. If any portion of this chapter is for any reason held invalid, void, unconstitutional, or unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. § 172-12. Requests for Relief. A. Purpose. The purpose of this section is to establish a procedure by which an applicant, owner, operator, lessee, successor, or assign may request limited relief from specific requirements of this chapter where strict compliance is impracticable, unnecessary, duplicative, or inconsistent with the purposes of this chapter, and where such relief may be granted without requiring a use variance or area variance from the Zoning Board of Appeals. B. Authority of Town Board. The Town Board may, by resolution, grant relief from one or more specific requirements of this chapter applicable to Solar Energy Systems, provided that the requested relief does not authorize a use not otherwise permitted under this chapter, does not modify or reduce a dimensional requirement that would require an area variance, does not modify any requirement imposed by state or federal law, and does not otherwise fall within the jurisdiction of the Zoning Board of Appeals. C. Relief not available for use or area variance matters. Nothing in this section shall be construed to authorize the Town Board to grant a use variance, area variance, interpretation of the Zoning Code, or other relief within the jurisdiction of the Zoning Board of Appeals. Where the Code Enforcement Officer, Town Attorney, or Town Board determines that the requested relief would require a use variance or area variance, the applicant shall be referred to the Zoning Board of Appeals, and no relief may be granted by the Town Board pursuant to this section. D. Eligible requests. Subject to the limitations of this section, the Town Board may consider requests for relief 25