REGULAR MEETING
September 21, 2020
A regular meeting of the Town Board of the Town of Busti was held on Monday, September 21, 2020 at 6:45 p.m., at the Town of Busti, Town Administration Building, 125 Chautauqua Avenue, Lakewood, New York and via HD meeting video or tele conference, with the following members present:
Supervisor Jesse M. Robbins
Councilman Todd Hanson
Councilman Jim Andrews
Councilman Paul Gustafson
Councilman Randy Sargent
The Town Board met at 5:30 p.m. at Lawson Park to recognize and thank Eagle Scout Drew Tracy for choosing Lawson Park for his Eagle Scout project. Supervisor Robbins read the following proclamation:
Town of Busti
Proclamation
Whereas, Drew Tracy has made a significant effort to improve our community through community service, and
Whereas, Mr. Tracy has fulfilled all the requirements of the Boy Scouts of America for the Eagle award, and
Whereas, the scouts have taken an oath to support their faith, their Country, and fellow citizens through service, and
Whereas, the achievement of the Eagle rank is a seldom and special occasion and an occasion that deserves to be recognized.
Now, Therefore, Jesse M. Robbins, Town of Busti Supervisor, and the Town of Busti Town Councilmen, by the virtue of the authority vested in us
do hereby proclaim September 21, 2020, as
“Eagle Scout Candidate Drew Tracy Day”
This Day, we call upon all the people in the Town of Busti to join in recognizing Drew Tracy’s accomplishments and commitment to community.
In Witness Whereof, we have hereunto set our hand this twenty-first day of September,
in the year two thousand twenty.
_______________ _______________
Jesse M. Robbins Todd M. Hanson
Town Supervisor Town Councilman
___________________ ____________________
James B. Andrews Paul A. Gustafson
Town Councilman Town Councilman
___________________
Randy L. Sargent
Town Councilman
Supervisor Robbins called the meeting to order with the salute to the flag and a moment of silence was observed.
Present at the meeting were: Highway Superintendent Melvin Peterson, Lakewood Busti Police Chief John Bentley, Attorney Joel Seachrist, Code Enforcement Officer Jeff Swanson, Fire Inspector David Wilfong, Busti Fire Department Chief Matt Stafford, Jeremy Hasson, Penny Tracy, Drew Tracy, Jack Allen, Alex Pashkow, Nicole Pashkow, Brian Pashkow, Misti Allen, Kim Greyber, Cole Smith, Douglas Brown, Jack Knowlton, Taylor West – Chautauqua Lake and Watershed Management Alliance, Laurie Currie, Greg Johnson, Skyler and Jennifer Applebee, Solar Liberty – Nathan Rizzo, Adam Rizzo, and Paul Lavou, and Post Journal reporter – Cameron Hurst; Randall Perry – Chautauqua Alliance and Diane & Ang Terrano attended meeting via HD meeting video or tele conference.
All present practiced social distancing as advised under NYS FORWARD directive.
Town Clerk Darlene Nygren reported she attended the Association of Towns’ Municipal Ethics 101 and 2020 Town Finance School webinars, she noted Bookkeeper Debbie Johnson also attended the 2020 Town Finance School webinar. Clerk Nygren is registered to attend the AOT’s NYS Public Employer Mandatory Emergency Planning webinar on October 7, 2020. She noted the town received a renewal for the Sam’s Club account and recommends the account be canceled. She requested the board’s authorization to open an account under Amazon Tax Exemption Program (ATEP). Clerk Nygren reported she received a list of residents who will receive a letter from Jamestown Board of Public Utilities for unpaid water bills; if the bills remain unpaid by November 15, 2020 they will be re-levied on the 2021 County Town Tax bills.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, Town Clerk Nygren be authorized to open an account under Amazon Tax Exempt Program (ATEP) and to close the town’s Sam’s Club account.
Upon roll call vote, all aye, carried.
Chief John Bentley reported 5,500 incidents ytd and 741 incidents since the last meeting. Chief Bentley is working with the Village and the Town to appoint members for the Police Reform and Stake Holders Reinvention Collaborate.
Superintendent Melvin Peterson reported the Highway Department has been blacktopping the following roads: Winchester, Holly Lane, Davidson Lane, Paterniti Place, Gleason between N. Maple and Hunt, and Cramar Drive. They will be doing Nova Chip in a couple weeks. Superintendent Peterson noted Highway Superintendent Deputy Randy Milks will be retiring effective Friday, September 25th; Superintendent Peterson is recommending appointing Greg Johnson as Highway Deputy Superintendent effective Monday, September 28, 2020. The board would like to enter executive session at the end of the meeting to discuss personnel matters. Supervisor Robbins asked for clarification on a voucher to lease a stump grinder. Superintendent Peterson noted there are approximately sixty stumps around town that need to be ground out, he felt the lease was cost effective and would help to reach the stumps that are not accessible to tree companies. He explained the lease is for one month with the option to buy with the option to trade-in a trencher; and the equipment is in Waterford, PA. The lease is $3,150 for the month; to purchase would include the trade-in and the total of two-month rental payments of $3,150 for a total $6,300. Superintendent Peterson noted that he does not have a tree budget therefore all right of way tree maintenance cost comes out of the “Roads” budget. Councilman Hanson asked if the cost should be split between parks and highway. Supervisor Robbins asked for clarification of another voucher totaling $2,600 for the Kenworth; Superintendent Peterson explained the payment was for pollution equipment, but another engine code was covered under warranty in the amount of $30,000. Councilman Hanson asked to continue the discussion regarding the stump grinder, asking how long the town had to decide if they wanted to purchase the grinder. Superintendent Peterson stated the town could make the decision at the next board meeting. Councilman Hanson noted there would be a trade-in value for the equipment if the town decide to purchase the equipment and trade it later.
Councilman Hanson moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the board approve the one-month lease in the amount of $3,150 for the stump grinder from Bobcat of Erie and decide if they would like to purchase the equipment after the one-month lease. The cost of the one-month lease will go towards the purchase if the board decides to purchase the equipment.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted it was 7:00 p.m. and moved to open a Public Hearing to consider Local Law NO. 4 of 2020 “A LOCAL LAW AMENDING THE SOLAR ENERGY SYSTEMS LAW”.
Motion was duly moved by Councilman Hanson.
All in favor, carried.
Proof of publication was placed on file.
Laurie Currie stated her concerns regarding the large-scale project on Garfield and S. Main Streets and the long-term effect that it may have on area residents.
Councilman Hanson noted this public hearing was regarding changes to the current zoning law and not on any specific application.
Kim Greyber thanked the board and Attorney Joel Seachrist for their work in creating the amended law and thinks that the law is good.
Paul Lavau representing Solar Liberty noted large-scale solar projects are cost sensitive business and asked the board to consider reducing the acreage requirement, the underground lines, the height of required fencing, the ground covering requirement, the bonding amount, and the setbacks.
Adam Rizzo, Solar Liberty representative, requested the board reconsider the KW requirement to allow for small businesses to install solar units.
Code Enforcement Officer Jeff Swanson requested the transfer ownership go to the Town Clerk’s office where the Special Use Permit is filed. He noted the ICC emergency roadway requirement is 20 feet not the 15 feet in the proposed law. He is also concerned with the entry height; he would like that changed to 13 feet headway for the entry and exit.
Councilman Hanson noted the amended law did not add any zoning districts where the large-scale solar facilities were permitted; the Conservation Agricultural (CA), Industrial (IND), and CAMP districts are the districts permitting such facilities. The facilities are not permitted in the Conservation Residential (CR) district. He explained the intent of the board is to limit the number of such units in the town and to make the cost feasible with justification. He feels the fence height should be no less than 7 feet. The vegetation should be identified along with how it will be maintained, which should not include herbicides that could harm the environment. He thought the security bond or equivalent requirement should not be changed. He, also, wanted the buffer to remain at 100 feet but allow for an adjustment if the change can be justified. Attorney Seachrist noted section F allows for provision.
Mr. Greyber cautioned the board to be sure the town was covered for decommissioning depending on the megawatts.
Attorney Seachrist noted a referral was submitted to Chautauqua County Division of Planning and Community Development who responded that the matter was of local concerns. However, the department offered the following informal comments:
1. Given the presence of prime farmland throughout the Town; the desire to preserve remaining prime agricultural lands, as mentioned in the Town’s comprehensive plan; and the impacts that large-scale solar systems can have on farmland availability and preservation; we would encourage the Town to consider adding provisions for agricultural protection to the amendment. Members of the Town Board may find the Department of Agriculture and Markets’ “Guidelines for Agricultural Mitigation for Solar Energy Projects” to be a helpful resource. The guide can be found at the following address: http://www.yorkny.org/archive/minutes/solar/Solar-02-28-2018-Handouts.pdf. Additionally, NYSERDA’s Model Solar Energy Law includes a section on agricultural resources that may provide further guidance. The model law may be found at the following address: https://www.nyserda.ny.gov/-/media/NYSun/files/Model-Solar-Energy-Law-Guidance-Document.pdf.
2. The Town may also want to consider the potential construction impacts of such solar projects, both generally and in the case of construction on agricultural land (see “Guidelines for Agricultural Mitigation for Solar Energy Projects”).
Attorney Seachrist noted Section (5) (C) 8 was new from the original amended law. Councilman Hanson recommended to have Section F include “can be changed if justified”, ensuring that area residents were protected.
Supervisor Robbins noted it was 7:35 p.m. and moved to close the public hearing which was duly moved by Councilman Andrews.
Upon roll call vote, all aye, carried.
Attorney Seachrist noted a SEQR review had been completed and negative declaration prepared.
RESOLUTION
Moved by Supervisor Robbins, seconded by Councilman Hanson:
WHEREAS, the Town of Busti has proposed Local Law No. 4 of 2020, which would amend the Town’s Solar Energy Systems Law, and
WHEREAS, the proposed law has been subject to environmental review pursuant to Article 8 of the New York State Environmental Conservation Law (State Environmental Quality Review Act), including the preparation and review of a long Environmental Assessment Form, and
WHEREAS, Part 617 of the implementing regulations pertaining to the State Environmental Quality Review Act requires this Board to determine and give notice of the environmental impact of the proposed local law, and
WHEREAS, the Board has determined that the proposed law will not have a significant environmental impact,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby issues a Notice of Determination of Non-Significance, also known as a Negative Declaration, for the proposed Local Law No. 4 of 2020 and authorizes the Supervisor to complete Part III of the EAF accordingly.
Upon roll call vote, all aye, carried.
Attorney Seachrist reviewed the recommended changes to the Local Law and noted the changes were not significant to require a subsequent hearing:
1. [4] Vehicular Paths. Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction and to give sufficient access for emergency vehicles. The main access road into the facility shall be at least twenty (20) feet wide with at least thirteen (13) feet of clearance to accommodate emergency and other large vehicles. There shall be a second point of ingress and egress to the facility to be used in case of emergency,
2. [8] Any site containing a Large Scale Solar Energy System or Solar Farm shall be enclosed by perimeter fencing of chain link or other similar and suitable type of fencing to restrict unauthorized access at a height of at least seven (7) feet, including barbed wire. The fencing and the System may be further screened by any landscaping needed to avoid adverse aesthetic impacts.
3. [20]Solar Permits and Site Plan approvals granted for Large Scale Solar Energy Systems or Solar Farms shall be assignable or transferable to future landowners of that system on the approved parcel so long as they are in full compliance with this article and all conditions, and the Town Clerk is notified of the property transfer at least thirty (30) days prior thereto.
TOWN OF BUSTI
RESOLUTION TO ADOPT LOCAL LAW NO. 4 OF 2020
Moved by Councilman Todd Hanson, seconded by Councilman Paul Gustafson
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Busti for a public hearing to be held by said Board on September 21, 2020 at the Town Hall, 125 Chautauqua Avenue, Lakewood, New York, and online, to hear all interested parties on a proposed Local Law to amend the Solar Energy Systems law, and
WHEREAS, notice of said public hearing was duly published in the Jamestown Post-Journal and posted in the Town Clerk’s office, and
WHEREAS, said public hearing was duly held on September 21, 2020 at the said time and place and all parties in attendance in person and online were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and
WHEREAS, the County Planning Department by letter dated September 21, 2020, sent in response to a referral made pursuant to Section 239-m of the General Municipal Law, has advised that the proposed Local Law is of local option, and
WHEREAS, the Board has determined that the adoption of the local law is a Type I action for purposes of the State Environmental Quality Review Act, has prepared an Environmental Assessment Form, and has duly adopted a Negative Declaration finding that the proposed Local Law will not have significant adverse environmental impacts, and
WHEREAS, the Town Board, after due deliberation, finds it in the best interests of the Town to adopt said Local Law,
NOW, THEREFORE, the Town Board of the Town of Busti hereby adopts said Local Law as Local Law No. 4 of 2020, a copy of which is attached hereto and made a part hereof, and the Town Clerk hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Busti, and to give due notice of the adoption of the Local Law to the Secretary of State.
TOWN OF BUSTI
LOCAL LAW NO. 4 OF 2020
A LOCAL LAW AMENDING THE SOLAR ENERGY SYSTEMS LAW
Be it enacted by the Town of Board of the Town of Busti, County of Chautauqua and State of New York, as follows:
SECTION 1. AUTHORITY.
This local law is promulgated pursuant to the authority granted by:
1. Article IX of the New York State Constitution, §2(c)(10);
2. New York Statute of Local Governments, §10(1) and (7);
3. New York Municipal Home Rule Law, §10(1)(i) and (ii) and §10(1)(a), (11), (12), and (14);
4. New York Town Law §130 (11)(peace, good order and safety), (15)(promotion of public welfare); and
5. New York Town Law §64(17-a)(protection of aesthetic interests), (23)(general powers).
SECTION 2. SOLAR ENERGY SYSTEM REGULATIONS.
Section 405-48.1 the Town of Busti Zoning Code is hereby amended to provide as follows:
A. Solar Energy Systems.
(1) Purpose. The Town Board of the Town Busti, exercising the authority granted to under the
Town Law of the State of New York to protect the health, safety, and welfare of the residents and
property owners of the Town of Busti, does hereby enact this Section to regulate the construction,
maintenance and placement of solar energy systems and equipment in the Town of Busti. The
purpose of this regulation is to balance the potential impact on neighbors when solar collectors may be installed near their property, while preserving the rights of property owners to install solar collection systems without excess regulation. The Town of Busti recognizes the importance of solar systems in generating electricity for on- premise and off-premise use, the reduction of greenhouse gas emissions and support for emerging solar system economic development.
(2) Definitions. As used in this Section, the following terms shall have the meaning indicated:
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) – A solar energy system that consists of
integrating photovoltaic modules into the building structure. Technologies include PV shingles or tiles,
PV laminates and PV Glass. Examples of placement include vertical facades, semi-transparent skylights,
awnings, fixed awnings and roofs
GLARE – The effect by reflections of light with intensity sufficient as determined in a commercially
reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any
material respects.
GROUND MOUNTED SYSTEMS – A solar energy system that is anchored to the ground and attached
to a pole or similar mounting system, detached from any other structure.
LARGE-SCALE SYSTEM – Solar energy systems located on land in the Town of Busti used primarily to convert solar energy into electricity for off-site consumption or sale and/or systems that have
the capacity to produce more than 25KW per hour of energy.
ROOF-MOUNTED SYSTEM – A solar power system in which solar panels are mounted on top of the
structure of a roof either as a flush mounted system or as modules fixed to frames which can be tilted
toward the sun at an optimal angle. Roof mounted systems shall be located on a roof of a permitted
principal use or accessory structure.
SMALL-SCALE SOLAR – Small Scale Solar means a solar energy system that installed and placed for
the production of energy for consumption only on site, and that has the capacity to produce less than 25KW
of energy.
SOLAR ENERGY EQUIPMENT – Energy storage devices, materials, hardware, or electrical equipment
and conduit associated with the production of electrical energy.
SOLAR ENERGY PRODUCTION FACILITY – Energy Generation facility or area of land principally
used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices
or various experimental solar technologies, with the primary purpose of wholesale or retail sales of
electricity.
SOLAR ENERGY SYSTEM – Includes a combination of both solar panels and solar energy equipment.
SOLAR PANEL – A device capable of collecting and converting solar energy into electrical energy.
SOLAR STORAGE BATTERY – A device that stores energy from the sun and makes it available in an
electrical form.
(3) Applicability.
(a) The requirements of this Section shall apply to all Solar Energy Systems installed or modified
after the effective date of the local law by which it was adopted, excluding general maintenance
and repair.
(b) All Solar Energy Systems shall be designed, erected and installed or modified in accordance with
all applicable codes, regulations and industry standards as referenced in the New York State
Building Code and the Town Code as well as the National Electrical Code (NEC), National Fire
Protection Code 70 (NFPA 70), and local regulations.
(c) Under SEQRA regulations, actions are classified as Type I, Type II, or Unlisted Actions. Type II
Actions are exempt from review and include actions such as the construction, expansion or placement
of minor or accessory structures. The Town of Busti considers Building-integrated solar
components and Small-scale systems to be Type II Actions and therefore exempt from all SEQRA
requirements, including the submission of an EAF (Environmental Assessment Form). Large Scale
Systems and solar energy production facilities that meet thresholds contained in the SEQRA
regulations and are considered more likely than others to have a significant adverse impact shall be
considered Type I Actions. However, the need for a complete Environmental Impact Statement (EIS)
shall be determined by the permitting board on a case-by-case basis in accordance with the
significance of the potential adverse environmental impact.
(4) Solar as an Accessory Use/Structure. This section governs the placement and installation of Small-scale
Solar systems as defined herein. The installation of Small-scale Solar systems does require the applicant
to obtain a building permit from the Town of Busti.
(a) Roof-mounted Systems.
Roof-mounted Systems are permitted as an accessory use in all zoning districts when attached to
a lawfully-permitted principal structure and/or accessory structure, subject to the following
requirements:
[1] Height. Solar energy systems shall not exceed maximum height restrictions within any zoning
district and are provided the same height exemptions granted to building-mounted mechanical
devices and equipment.
[2] Setback. Solar energy systems are subject to the setback requirements of the underlying
zoning district.
[3] Aesthetics. Solar energy equipment shall incorporate the following design requirements:
[a] Solar energy equipment shall be installed outside the primary residence or accessory structure
and as close to a public utility electrical meter as practicable.
[b] Roof-mounted Panels facing the front yard must be mounted at the same angle as the roof’s
surface with a maximum distance of 18 inches between the roof and highest edge of the system.
[c] Access and Pathways (NFPA Section 324.7) Roof access, pathways, and spacing
requirements for solar photovoltaic systems shall be provided in accordance with NFPA
Sections R324.7.1 through R324.7.6
EXCEPTIONS:
[1] Roof access, pathways and spacing requirements need not be provided where an
alternative ventilation method has been provided, or where vertical ventilation techniques
will not be employed.
[2] Detached garages and accessory units.
[d] Size of solar photovoltaic array (324.7.1). Each photovoltaic array shall not exceed 150 feet
in any direction. (45,720 mm).
[e] Roof Access Points (324.1.2). Roof access points shall be located:
[1] In areas that establish access pathways which are independent of each other and as remote
from each other as practicable so as to provide escape routes from all points along the
roof.
[2] In areas that do not require the placement of ground ladders over openings such as
windows or doors or areas that may cause congestion or create other hazards.
[3] At strong points of building construction, such as corners, pilasters, hips, and valleys and
other areas capable of supporting the live load from emergency responders.
[4] Where the roof access point does not conflict with overhead obstructions such as tree
limbs, wires or signs.
[5] Where the roof access point does not conflict with ground obstructions such as decks,
fences or landscaping.
[6] In areas that minimize roof tripping hazards such as vents, skylights, satellite dishes,
antennas, or conduit runs.
[f] Ground access areas (324.7.3). Ground access areas shall be located directly beneath access
roofs and roof access points. The minimum width of the ground access area shall be the full
width of the access roof or roof access point, measured at the eave. The minimum depth s hall allow for the safe placement of ground ladders for gaining entry to the access roof.
[g] Single ridge roofs (324.7.4). Panels, modules or arrays installed on roofs with a single ridge
shall be located in a manner that provides two (2), 36 inches wide (914mm) access pathways extending from the roof access point to the ridge. Access pathways on opposing roof slopes shall not be located along the same plane as truss, rafter, or other such framing system that supports the pathway
EXCEPTIONS:
[1] Roofs with slopes of 2 units vertical in 12 units horizontal (16.6 percent) or less.
[2] Structures where an access roof fronts a street, driveway or other area readily accessible
to emergency responders.
[3] One access pathway shall be required when a roof slope containing panels, modules or
arrays is located not more than 24 inches (610 mm) vertically from an adjoining roof
which contains an access roof.
[h] Hip roofs (324.7.5). Panels, modules and arrays installed on dwellings with hip roofs shall
be located in a manner that provides a clear access pathway not less than 36 inches (914mm), extending from the roof access point to the ridge or peak, on each roof slope where panels, modules or arrays are located.
EXCEPTIONS:
[1] Roofs with slopes of 2 units vertical in 12 units horizontal (16.6 percent) or less.
[2] Structures where an access roof fronts a street, driveway or other area readily accessible
to emergency responders
[i] Roofs with valleys (324.7.6), Panels and modules shall not be located less than 18 inches (457mm) from a valley.
EXCEPTIONS:
[1] Roofs with slopes of 2 units vertical in 12 units horizontal (16.6 percent) or less.
[i] Allowance for smoke ventilation operations (324.7.7). Panels and modules shall not be
located less than 18 inches (457 mm) from a ridge or peak.
EXCEPTIONS:
[1] Where an alternative ventilation method has been provided or where vertical ventilation
methods will not be employed between the uppermost portion of the solar photovoltaic
system and the roof ridge or peak.
[2] Detached garages and accessory structures.
[4] Glare. All solar panels shall have anti-reflective coating(s).
[5] Notification to the Fire Service. Notification in writing to the Fire Department having
operational authority at the location where the system will be installed shall be made no later then
ten (10) days following installation:
[a] Notification shall include a site map showing the location of the solar energy electrical panel,
as well as the proper operation of the disconnect switch(s) in the event of a fire or other
emergency situation where the homeowner, tenant or other personnel is not available or
familiar with the safe shut down operation of unit so as to have the ability to cut power from
the solar panels.
[b] In addition a proper written statement showing the method of shut down shall be posted inside
the main electrical panel of the unit which can be readily accessible for and to firefighting
personnel.
(b) Ground Mounted Systems.
[1] Ground mounted solar energy systems are permitted as an accessory structure in all zoning
districts, subject to the requirements set forth in this section.
[2] All ground mounted solar panels in residential districts shall be installed in the rear yard.
If a side yard installation is applied for, it shall be subject to all setback requirements of the
underlying zoning district, and such an application for side yard shall require site plan review by
the Town of Busti Zoning Board of Appeals.
[3] Setback(s). Ground mounted solar panels are subject to setback requirements of the underlying
zoning district.
[4] Height. Solar panels are restricted to a height of fifteen (15) feet when located with a minimum
set back distance of ten (10) feet from a lot line; a height of twenty (20) feet when located with a
minimum set back distance of fifteen (15) feet from a lot line; and maximum height of twenty five
(25) feet when located with a setback distance of twenty five (25) feet or greater. All height
measurements are to be calculated when the solar energy system is oriented at maximum tilt.
[5] Lot Coverage. The surface area of ground mounted solar panels shall be included in lot
coverage and impervious surface calculations and shall not exceed thirty percent (30%) of
the lot size.
[6] Glare. All solar panels shall have anti-reflective coating(s).
[7] Other:
[a] Any application for installation and placement of small-scale solar energy system under this
section in a side yard location shall require an application containing a site plan showing the
location of all solar energy system components, their location on the premises, their location
on the premises in relation to the property line and any and all structures on the premises, and
the nearest structure located on the premises adjacent thereto.
[b] The site plan for such installation shall be reviewed by the Planning Board and shall be
approved by a majority thereof.
(5) Solar as Principal Use.
(a) Large Scale Solar Systems are permitted by the issuance of a special use permit by the Town Board within the Industrial (I), Conservation-Agricultural (C-A), and CAMP Districts, subject to the requirements set forth in this section.
(b) Application Process.
[1] Every application for a Large Scale System within the Town of Busti shall be made to the Town Board and shall be approved by a majority vote thereof.
[2] Prior to Town Board review of the application it may refer said application to the Town Planning Board for site plan review, report and recommendation of approval or disapproval.
[3] The Town Board shall hold a public hearing upon ten (10) days notice duly posted and published in the official newspaper of the Town and on the Town bulletin board, before granting the special use permit.
(c) Special Use Permit Application Requirements. Every application for a Special Use Permit under this section shall contain the following information:
[1] Verification of utility notification. Foreseeable infrastructure upgrades shall be documented and submitted. Off-grid systems are exempt from this requirement.
[2] Name, address, and contact information of the applicant, property owner(s) and agent submitting the proposed project application.
[3] If the property of the proposed project is to be leased, legal consent among all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements.
[4] Plans and drawings of the Solar Energy System signed by a professional engineer or architect registered in New York State showing the proposed layout of the entire Solar Energy System along with a description of all components, whether on site or off-site, existing vegetation, and proposed clearing and grading of all sites involved.
[5] Equipment specification sheets for all photovoltaic panels, significant components, mounting systems and invertors that are to be installed.
[6] The location, type, and intensity of any lighting on the Site.
[7] Plan for clearing and/or grading the site.
[8] A map showing the soil types underlying the site of the proposed Solar Energy System and a narrative of the Applicant’s plan to avoid disturbing prime farmland.
[9] A Storm water Pollution Prevention Plan- (SWPPP) as per NYS DEC requirements to detail storm water runoff management and erosion control plans for the site will need to be completed by the Applicant prior to construction.
[10] A property operation and maintenance plan describing continuing photovoltaic maintenance and property upkeep, such as mowing, trimming, etc., to ensure the property does not become a safety hazard.
[11] Decommissioning Plan. To ensure the proper removal of large scale systems, the decommissioning plan shall include details regarding the removal of all infrastructures, including the removal of concrete to a depth of four feet, and the remediation of soil and vegetation back to its original state prior to construction, unless otherwise permitted. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a Professional Engineer or contractor. Cost estimates shall take inflation into account. In the case of a lease, the cost of decommissioning shall be borne by the entity or corporation that is leasing the property in question and not the landowner. The plan shall include a description of the form of surety the applicant intends to use.
[12] The Town may require the applicant to fund an escrow account to cover the amount by which the Town’s costs to review the application exceed the application fees. The uses for which the funds may be used include, but are not limited to, private consultation and
engineering fees or other extraordinary expenses incurred by the Town in connection
with the application.
(d) Special Use Permit Standards.
[1] All Large-Scale Solar Systems or Solar Farms shall adhere to all applicable New York State Building Codes.
[2] A minimum parcel size of ten (10) acres is required for Large Scale -Solar Systems or Solar Farms.
[3] Underground Requirements. All on-site utility lines shall be placed underground to the
extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way.
[4] Vehicular Paths. Vehicular paths within the site shall be designed to minimize the extent
of impervious materials and soil compaction and to give sufficient access for emergency vehicles. The main access road into the facility shall be at least twenty (20) feet wide with at least thirteen (13) feet of clearance to accommodate emergency and other large vehicles. There shall be a second point of ingress and egress to the facility to be used in case of emergency,
[5] Signage.
a) No signage or graphic content shall be displayed on the Solar Energy Systems except the manufacturer’s name, equipment specification information, safety information, and 24-hour emergency contact information. Said information shall be depicted within an area no more than 8 square feet.
b) As required by National Electric Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
[6] Development and operation of Solar Energy Systems shall not have a significant adverse impact on fish, wildlife, or plant species or their critical habitats, or other significant habitats identified by the Town of Busti or other federal or state regulatory agencies. Applicants shall describe how the proposed Large-Scale Solar Energy System or Solar Farm shall avoid or mitigate adverse impacts to these resources. Lands which have the highest ecological values as evidenced by large, contiguous areas of forest, undisturbed drainage areas, wetlands, prime soils, or NYS DEC identified critical habitats or rare plant and animal populations shall be avoided.
[7] There shall be a minimum one hundred (100) foot buffer between any component of the Large Scale Solar Energy System or Solar Farm and the parcel boundary line, with the width determined by the Town Board after analysis of site conditions and adjacent land uses.
[8] Any site containing a Large Scale Solar Energy System or Solar Farm shall be enclosed by perimeter fencing of chain link or other similar and suitable type of fencing to restrict unauthorized access at a height of at least seven (7) feet, including barbed wire. The fencing and the System may be further screened by any landscaping needed to avoid adverse aesthetic impacts.
[9] A locked gate at the intersection of the access way and public road may be required to obstruct entry by unauthorized vehicles. Such gate must be located entirely upon the lot and not on the public right-of-way.
[10] Previously cleared or disturbed areas are preferred locations for Solar Panel Arrays.
[11] Native grasses, vegetation. or geo-fabric with crusher run and no topsoil or other configuration, as determined by the Town Board shall be maintained below the Solar Arrays.
[12] The Solar Energy System, including any proposed on-site or off-site infrastructure, shall be located and screened in such a way as to avoid or minimize visual impacts as viewed from:
a) Publicly dedicated roads and highways;
b) Existing residential dwellings located within 500 feet of the boundaries of the site on which the Solar Energy System is located;
c) A berm, landscape screen, or other opaque enclosure, or any combination thereof acceptable to the Town capable of fully screening the site shall be provided.
The screening requirements set forth in this Section shall only be required if the Town Board determines that screening is necessary.
[13] The design, construction, operation, and maintenance of any Solar Energy System shall prevent the misdirection and/or reflection of solar rays onto neighboring properties, public roads, and public parks in excess of that which already exists to the fullest extent possible. In addition, all structures and devices used to support Solar Collectors or Solar Panels shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties or roadways and shall be nonreflective and/or painted a subtle or earth-tone color to aid in blending the facility into the existing environment.
[14] All transmission lines and wiring with a Solar Energy System shall be buried and include necessary encasements in accordance with the National Electric Code and Town of Busti requirements. The Town Board may waive this requirement if sufficient engineering data is submitted by the applicant to demonstrate that underground transmission lines are not feasible or practical. The applicant is required to show locations of all proposed overhead and underground electric utility lines, including substations and junction boxes and other electrical components for the project on the Site Plan. All transmission lines and electrical wiring shall be in compliance with the utility company’s requirements for interconnection.
[15] Artificial lighting of Solar Energy Systems shall be limited to lighting required for safety and operational purposes and shall be shielded from all neighboring properties and public roads and shall be in compliance with the Town of Busti Site Plan Regulations.
[16] Any signage used to advertise the Solar Energy Facility shall be in accordance with the Town of Busti Zoning Code. The manufacturers or installer’s identification and appropriate warning signage shall be posted at the site and clearly visible At least one sign shall be maintained at the entrance to the facility showing an emergency contact number. No trespassing or warning signs shall be posted at appropriate intervals along the perimeter fencing.
[17] The average height of the Solar Panel Array shall not exceed ten (10) feet.
[18] Site disturbance, including but not limited to, grading, soil removal, excavation, soil compaction, and tree removal in connection with the installation of a Large Scale Solar Energy System or Solar Farm shall be minimized to the extent practicable.
[19] Following construction of a Large Scale Solar Energy System or Solar Farm, all disturbed areas where soil has been exposed shall be reseeded with grass and/or planted with low- level vegetation capable of preventing soil erosion and airborne dust.
[20] Solar Permits and Site Plan approvals granted for Large-Scale Solar Energy Systems or Solar Farms shall be assignable or transferable to future landowners of that system on the approved parcel so long as they are in full compliance with this article and all conditions, and the Town Clerk is notified of the property transfer at least thirty (30) days prior thereto.
[21] Any post-construction changes or alterations to the Large-Scale Solar Energy System or Solar Farm shall be done by amendment to the Solar Permit only and subject to the requirements of this Local Law.
[22] After completion of a Large Scale Solar Energy System or Solar Farm, the applicant shall provide a post-construction certification from a professional engineer registered in New York State that the project complies with applicable codes and industry practices and has been constructed and is operating according to the design plans. The applicant shall further provide certification from the utility that the facility has been inspected and connected
(e). Abandonment and Decommission of Large-Scale Solar Energy Systems or Solar Farms
[1] Large Scale Solar Energy Systems or Solar Farms which have not been in active and continuous service for a period of one (l) year shall be removed at the owner’s or operator’s expense. Decommissioning shall include removal of all energy facilities, structures and equipment Including fencing and any subsurface wires and footings from the parcel.
[2] Full restoration of the parcel is required unless restoration is unnecessary because the parcel is to be put into active agricultural use or approved for other development in accordance with the Town of Busti Zoning Code within that twelve (12) month period.
[3] All safety hazards created by the installation and operation of the Solar Energy System shall be eliminated and the site restored to its pre-existing condition within six (6) months of the removal of the Large Scale Solar Energy System or Solar Farm.
[4] A surety bond or its equivalent shall be required to be kept in escrow by the Town of Busti to ensure satisfaction of the above. Prior to approval of any application for a Large Scale Solar Energy System, the Town Board shall establish the amount of such surety, which may be in the form of escrowed funds, bonds or. otherwise, but it is the intention of this provision to ensure that the Town has sufficient funds available to remove the installations and restore landscaping consistent herewith, if the applicant fails to comply with its decommissioning obligations.
(f) The Town Board recognizes that no regulation can anticipate every creative plan that may be devised, which, though not in strict compliance with the provisions of this article, nevertheless, is not objectionable. Accordingly, the Town Board is hereby empowered to grant relief to an applicant from the strict application of this article where the applicant provides sufficient grounds for a finding that the proposal comports as much as feasible with the spirit and letter of this article and, though not in strict compliance therewith, remains aesthetically pleasing, protects neighboring properties, and pre serves property values within the Town of Busti.
(6) Solar Storage Batteries.
(a) If solar storage batteries are included as part of the Solar Energy Collection system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code. All solar storage batteries, their maintenance, placement, and location shall also comply with all applicable rules and regulations as promulgated by New York State Building Code and the National Electric Code.
(b) When batteries are no longer in use, they shall be disposed of in accordance with the laws of the State of New York and any applicable Federal or Local disposal rules or regulations.
(7) Violations.
(a) Any violation of any provisions of this section shall be punishable by penalty or a term of imprisonment as prescribed in Section 268 of the Town Law of the State of New York.
(b) Notwithstanding the above, the Town Board of the Town of Busti hereby reserves the right to proceed to enforce the provisions of this section by civil action, injunction, and any other remedy afforded to it by the laws of the State of New York or the United States.
SECTION 3. VALIDITY AND SEVERABILITY.
If any part or provision of this Local Law shall be declared invalid, void, unconstitutional or unenforceable by a court of law, all unaffected provisions hereof shall survive such declaration and this Local Law shall remain in full force and effect as if the invalidated portion had not been enacted.
SECTION 4. EFFECTIVE DATE.
This Local Law shall take effect immediately upon filing with the Secretary of State of the State of New York.
Michael Miceli, “Snap On” Franchise, stated he is interested in purchasing a vacant building located on Forest Avenue. The building would be used to store and work on his business vehicles. The building is located on a 60-acre parcel and his intent is to ultimately build a residence on the property as well. The property is located in the Conservation Residential District. Discussion followed. Attorney Joel Seachrist will review the current law and see what the options are to permit the requested use.
Code Enforcement Officer Jeff Swanson reported the Comprehensive Implementation Committee will be meeting on Tuesday, September 25th and Tuesday, October 13th. He and Town Clerk Nygren sat through an online presentation of the Williamson Law Code Enforcement software. CEO Swanson stated the cost of the software would be $18,000 with an annual fee of $1,800. He noted he has begun to implement the Building Without a Permit fee and will be sending out approximately 15 letters. Councilman Gustafson stated he understood the software was costly but is concerned about the documentation of inspections and other CEO matters.
Supervisor Robbins introduced Fire Inspector Dave Wilfong, who has completed the Code Enforcement Training and started working in the office today.
Busti Fire Department Chief Matt Stafford reported the following incidents: 36 EMS, 2 Fire, no Motor Vehicle Accidents, and 7 Service Calls. The department has had 283 incidents YTD.
Supervisor Robbins reported the town had not received any bids for the advertised rental of the Cold Storage Building located behind the Town Administration Building.
Supervisor Robbins will contact Chautauqua Lake Partnership regarding the status of the RFA application which is due September 24th.
Randall Perry, via telephone, presented the results from yesterday’s bid opening for the Town of Busti Swales Project. The apparent low bid was submitted by Rock of WNY, Inc. – please note the following for your review/recommendation:
• All cost sections and bid certification sheets appear to have been completed in accordance with the bid instructions.
• The sealed bid did not include a signed Non-Collusion Statement (however, there is also a statement regarding collusion on page 2 of the bid that was signed) – a signed copy was sent immediately on 9/18 once the contractor realized he forgot it in the sealed envelope.
• The sealed bid did not include an acknowledgement of receipt for Addendum #1 – if awarded, bidder will be bound to the updated design plans that were sent with Addendum #1 on 9/15/20; Rob Hetrick indicated that he received the Addendum #1 and his bid is based on the updated information contained therein.
• Rob Hetrick indicated that he has a plan to meet the NYS-required 20% MWBE utilization goal for the contract.
• Both Andy and Randall have worked with Rock WNY (who is based in Mayville) on several similar types of projects, including NYS grant-funded projects. The results have been very good.
The total amount available to the Town for construction through the NYS grant is $181,343. The Rock WNY base bid ($158, 800), plus any/all additive items (up to $17,200), would be within that maximum budget (total award value if all 3 additive items are selected by Town would be $176,000). The other 2 bids received are in excess of the maximum construction budget.
Councilman Gustafson motioned the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town of Busti accept the bid from Rock WNY in the amount of $158,800 along with any/all additive items (up to $17,200) for the construction of the Busti Lakewood Precision Swale Stormwater Retrofits Project.
Upon roll call vote, all aye, carried.
Supervisor Robbins congratulated Randall Perry for his appointment of Chautauqua Lake and Watershed Management Alliance Director.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Sargent:
RESOLVED, the Town of Busti Town Board set a public hearing to be held on October 5, 2020 at 7:00 p.m. on the application of Tore Arvidson, 5293 Lewis Road, Bemus Point, New York, for a Special Use Permit to have a Stand-Alone Accessory building at 3344 Baker Street. Said property is owned by him and known as Section 403.00, Block 2, and Lot 10 of the official tax map of the Town of Busti.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the town board received a request to reduce the speed limit on Cowing Road between Big Tree and Wellman Roads. The current speed limit is 55 mph and the request is to reduce it to 45 mph.
Supervisor Robbins motioned the Town of Busti submit a request to New York State to reduce the speed limit as request, motion was duly moved by Councilman Hanson.
All in favor, carried.
Supervisor Robbins informed the board that the Town of Ellicott has requested reimbursement in the amount of $250 for an Assessor error that resulted a Ellicott resident having to pay late fees totaling $250. Discussion followed.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti pay the Town of Ellicott $250 for a reimbursement of tax late fees returned to an Ellicott resident. The fees were a result of an Assessor error.
Upon roll call vote,
Supervisor Robbins – aye
Councilman Sargent – nay
Councilman Andrews – aye
Councilman Hanson – aye
Councilman Gustafson – aye
Carried.
Supervisor Robbins noted the town had received a request to add members of IEC New York Chapter Inc Electric Inspection Division as approved electrical inspectors for the Town of Busti.
Councilman Hanson moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, the Town of Busti approve the said electrical inspectors requiring each electrician to submit their certification before being added to the approved the list.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund, Highway Fund, and the Joint Recreation Fund for Abstract No. 10 from warrant #483 to and including warrant #548 in the amount of $255,011.78.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the August 17, 2020 Regular Town Board minutes; motion was duly moved by Councilman Hanson.
All in favor, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Sargent:
RESOLVED, the Town of Busti appoint Greg Johnson as Deputy Highway Superintendent upon the retirement of Deputy Randy Milks, at the current Deputy Highway Superintendent pay rate.
Upon roll call vote, all aye, carried.
Councilman Andrews reported he, Highway Superintendent Peterson, and Town Clerk Nygren met with Donna Thompson, Integrated Benefits, to review the 2021 Health Insurance rates. The new rates for Univera have an increase of 3%.
Councilman Andrews motioned the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti offer Univera Insurance and the same plans to the eligible employees. The town will pay 90% of the monthly premium and have the lowest plan’s deductible which is $300 for single and $600 for all other plans.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to enter into Executive Session at 8:40 p.m. to discuss a personnel matter, motion was duly moved by Councilman Hanson.
All aye, carried.
Supervisor Robbins motioned to end the Executive Session and reenter the regular meeting at 9:36 p.m., motion was duly moved by Councilman Hanson.
All aye, carried.
Supervisor Robbins motioned the following resolution which was duly moved by Councilman Sargent;
RESOLVED, Collin Larson be appointed fulltime MEO effective October 5, 2020 at a pay rate of $15/hour.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti Town Board set a public hearing to be held on October 5, 2020 at 7:15 p.m. regarding the adoption of Local Law No. 5 for the year 2005, which imposes a moratorium on municipal approvals for Utility Distribution Facilities through January 31, 2021.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to adjourn the meeting at 9:39 p.m. which was duly moved by Councilman Andrews.
All in favor, carried.
Respectfully Submitted,
________________________________
Darlene H. Nygren, Town Clerk