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RESOLUTION PB 19-13
STATE ENVIRONMENTAL QUALITY REVIEW RESOLUTION
MAKING NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACTS FOR THE NEXAMP SOLAR, LLC SITE PLAN FOR PROPOSED
5 MEGAWATT SOLAR FARM AT 339 JERRY SMITH ROAD
WHEREAS, an application was made Nexamp Solar, LLC and Lansing Renewables, LLC,
as represented by Joseph Fiori and Hunt Engineers, Architects, Surveyors ("Hunt
Engineering"), for site plan approval for the proposed construction of an 5 megawatt
Community Solar Farm and related improvements to be located at 339 Jerry Smith Road,
Lansing, New York, also known as TPN 16.4-10, as located in the RA Rural Agriculture
Zone and consisting of approximately 57.8± acres; such proposed site improvements to
include an entrance driveway system, fencing, ground mounted solar panels and related
electrical equipment, landscaping improvements (the "Project"), and Hunt Engineering
having completed an Stormwater plan for the 23.9± acres of disturbance for the Project;
and the same having been duly reviewed by the Town Engineer and SMO; and
WHEREAS, the Project is classified as a SEQRA Type I Action, and the involved agencies
are determined to be the NYS Department of Agriculture and Markets, the NYS
Department of Environmental Conservation, the Tompkins County Highway
Department, the Town Board of the Town of Lansing, and the New York State Energy
Research & Development Authority; and
WHEREAS, the Planning Board proposed to be Lead Agency for SEQRA review on
January 14, 2019 and duly issued a SEQRA-compliant notice of intent to each such
agency, and each agency has either concurred in the designation of the Planning Board
as lead agency or 30 days have duly passed and such agency has not objected, such that
the Planning Board now and hereby accepts the lead agency designation and undertakes
a Type I coordinated review of the Project under SEQRA; and
WHEREAS, the Planning Board has directed and received amendments to and
supplemental information concerning and updating the FEAF, including compliance
with agricultural soils and land reclamation recommendations as set forth by NYSDAM
and Tompkins County, a reclamation bond, and information concerning land use and
specific impact data required by the FEAF, such as: (i) verification of no impact by SHPO,
which letter was duly issued for this site by SHPO upon October 16, 2018, SBPO Project
#18PR06301); and (ii) a wetlands assessment, and verification that no wetlands or wetland
impacts are present or affected, by letter dated November 30, 2018, from Ecological
Solutions, LLC; and
WHEREAS, the requisite General Municipal Law § 239 referrals were duly made, and the
reply and recommendations of County Planning are reflected in their letter dated
November 14, 2018, which noted and determined that the Project "may have negative
inter -community, or county wide impacts" and recommended as follows:
1. As the NRCS Soil Survey of the Project site, including the specific areas to be
disturbed, mainly constitute "Prime Farmland," the recommendation is to reduce
the size of the project to 10 acres or less.
2. A soil reclamation plan was recommended, along with a financial guarantee to
assure future funding for the same.
3. All land, including under solar panels, should be maintained with vegetative
cover to ease transition back to agriculture when desired, and to enhance water
quality and soil stabilization; and
WHEREAS, the Planning Board has complied with items #2 and #3 of the County
recommendation, but not item #1 as the wattage requirements for the project and its
viability cannot be achieved without the use of more than 10 acres, and locations are set
based upon land availability and leasing, such that the Planning Board will adopt this
resolution by super -majority and this resolution shall constitute the reply required by
law; and
WHEREAS, the land is currently farmed agriculturally and is located in a designated
County Agricultural District (TOMP001), and while the Planning Board recognizes that
energy farming is a part of agriculture, that the remainder of the farm field will remain
in productive agricultural use, there none -the -less will be a loss of over 20 acres of
farmland and a Notice of Intent was required to be delivered to the NYS Department of
Agriculture and Markets (NYSDAM); and
WHEREAS, by letter dated January 25, 2019, NYSDAM replied noting that the plan, as
revised, was consistent with the Agriculture and Markets, Guidelines for Agricultural
Mitigation for Solar Energy Projects dated 4/19/2018, with the following exceptions:
1. When trenching underground conduit, the recommended burial depth of is 48",
with the caveat that project specific factors should be taken into consideration when
determining trench depth, and in this case and for this Project, there are subsurface
drain tiles or and stormwater practices that would be disturbed such that a burial
depth of only 24" is found appropriate here.
2. Buried cables should not be removed upon decommissioning to avoid soil and
other disturbances, such that cabling should be abandoned in place, unless otherwise
approved by the town and landowner. Here, as the burial depth is only 24" all cabling,
conduit, and related materials are required to be removed from the Project site.
WHEREAS, the Agricultural Reclamation Plan has been revised and resubmitted for
consideration dated March 18, 2019 which plan included a decommissioning and
restoration plan, as well as requirements for the decommissioning bond, and such
reclamation plan adopted the town- and landowner -approved electric conduit burial
depth of 24" due to the number of existing drain tiles in the fields, and the conduit will
be completely removed as part the reclamation plan as submitted; and
WHEREAS, on April 8, 2019 the Town of Lansing Planning Board, in performing its
reviewing agency functions in conducting an environmental review in accordance with
Article 8 of the New York State Environmental Conservation Law and SEQRA
regulations: (i) pursued its thorough review of the project and the Applicant's FEAF, as
well as a review of all other documents prepared and submitted with respect to this
proposed action; and (ii) thoroughly analyzed the potential relevant areas of
environmental concern of the project to determine if the proposed action may have any
moderate or significant adverse impacts on the environment, including the criteria
identified in 6 NYCRR § 617.7(c); and (iii) reviewed the FEAF on the record; and each
identified potential environmental impact was analyzed and duly considered by the
Planning Board in relation to the question of whether any potential environmental
impacts were so probable of occurring or so significant as to require a positive
declaration, and after weighing the above and all other potential impacts arising from or
in connection with this project, and after also considering: (i) the probability of each
potential impact occurring; (ii) the duration of each potential impact; (iii) the
irreversibility of each potential impact, including permanently lost resources of value;
(iv) whether each potential impact can or will be controlled or mitigated by permitting or
other processes; (v) the regional consequence of the potential impacts; (vi) the potential
for each impact to be or become inconsistent with the Town's master plan or
Comprehensive Plan and local needs and goals; and (vii) whether any known objections
to the Project relate to any of the identified potential impacts, the Planning Board found
that these factors did not cause any potential impact to be or be likely to become a
moderate or significant impact such that a negative declaration will be issued; and
WHEREAS, in consideration of and upon deliberation upon the FEAF and the foregoing,
and examining the potential for negative environmental impacts, the Town of Lansing
Planning Board, as lead agency, has determined that there are not likely to be any
moderate or significant environmental impacts arising from this project, so
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. After consideration of the potential environmental impacts, including those
reviewed in accord with 6 NYCRR § 617.7(c), the Planning Board finds that the proposed
action of approving the proposed site plan, based upon the site plan and mapping as
submitted, will have no moderate or significant negative environmental consequences or
impacts.
2.. This declaration is made in accord with Article 8 of the New York State
Environmental Conservation Law and SEQRA regulations promulgated thereunder, and
accordingly, the Planning Board of the Town of Lansing, based upon: (i) its thorough
review of the FEAF, and any and all other documents prepared and submitted with
respect to this proposed action and its environmental review; (ii) its thorough review of
the potential relevant areas of environmental concern to determine if the proposed action
may have any moderate or significant adverse impact on the environment, including, but
not limited to, the criteria identified in 6 NYCRR § 617.7(c); and (iii) its completion of the
FEAF, including the findings noted therein (if any, and which findings are incorporated
herein as if set forth at length), hereby makes a negative determination of environmental
significance ("Negative Declaration") in accordance with SEQRA for the above
referenced proposed actions, and determines that an Environmental Impact Statement is
therefore not required.
3. A Responsible Officer of the Planning Board of the Town of Lansing is hereby
authorized and directed to complete and sign, as required, the determination of
significance, confirming the foregoing Negative Declaration, which fully completed and
signed FEAF and determination of significance shall be incorporated by reference in this
Resolution.
4. As required by law, the Planning Department be and is directed to file a notice of
this determination through the DEC online portal for the Environmental Notice Bulletin.
Dated: April 8, 2019
Motion By: Dean Shea
Seconded By: Larry Sharpsteen
VOTE AS FOLLOWS:
Al Fiorille - Aye
Larry Sharpsteen - Aye
Dean Shea - Aye
Thomas Butler, Alternate - Aye
Dale Baker, Alternate - Aye
Jerry Caward, Chair - Aye
Received and filed in the Lansing Town Clerk's Office on
(seal) Debbie Munson
Town Clerk
Town of Lansing
Tompkins County, New York
022 .
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RESOLUTION PB 19-14
RESOLUTION APPROVING SITE PLAN AND ISSUING FINAL SITE PLAN
APPROVAL FOR NEXAMP SOLAR, LLC - 339 JERRY SMITH ROAD
WHEREAS, an application was made Nexamp Solar, LLC and Lansing Renewables, LLC, as
represented by Joseph Fiori and Hunt Engineers, Architects, Surveyors ("Hunt Engineering"),
for site plan approval for the proposed construction of an 5 megawatt Community Solar Farm
and related improvements to be located at 339 Jerry Smith Road, Lansing, New York, also
known as TPN 16.4-10, as located in the RA Rural Agriculture Zone and consisting of
approximately 57.8± acres; such proposed site improvements to include an entrance driveway
system, fencing, ground mounted solar panels and related electrical equipment, landscaping
improvements (the "Project"), and Hunt Engineering having completed an Stormwater plan
for the 23.9± acres of disturbance for the Project; and the same having been duly reviewed by
the Town Engineer and SMO; and
WHEREAS, the requisite General Municipal Law § 239 referrals were duly made, and the reply
and recommendations of County Planning are reflected in their letter dated November 14,
2018, which noted and determined that the Project "may have negative inter -community, or
county wide impacts" and recommended as follows:
1. As the NRCS Soil Survey of the Project site, including the specific areas to be disturbed,
mainly constitute "Prime Farmland;' the recommendation is to reduce the size of the
project to 10 acres or less..
2. A soil reclamation plan was recommended, along with a financial guarantee to assure
future funding for the same.
3. All land, including under solar panels, should be maintained with vegetative cover to
ease transition back to agriculture when desired, and to enhance water quality and soil
stabilization; and
WHEREAS, the Planning Board has complied with items #2 -and #3 of the County
recommendation, but not item #1 as the wattage requirements for the project and its viability
cannot be achieved without the use of more than 10 acres, and locations are set based upon
land availability and leasing, such that the Planning Board will adopt this resolution by super -
majority and this resolution shall constitute the reply required by law; and
WHEREAS, the land is currently farmed agriculturally and is located in a designated County
Agricultural District (TOMP001), and while the Planning Board recognizes that energy farming
is a part of agriculture, that the remainder of the farm field will remain in productive
agricultural use, there none -the -less will be a loss of over 20 acres of farmland and a Notice of
Intent was required to be delivered to the NYS Department of Agriculture and Markets
(NYSDAM); and
WHEREAS, by letter dated January 25, 2019, NYSDAM replied noting that the plan, as revised,
was consistent with the Agriculture and Markets, Guidelines for Agricultural Mitigation for
Solar Energy Projects dated 4/19/2018, with the following exceptions:
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1. When trenching underground conduit, the recommended burial depth of is 48", with
the caveat that project specific factors should be taken into consideration when determining
trench depth, and in this case and for this Project, there are subsurface drain tiles or and
stormwater practices that would be disturbed such that a burial depth of only 24" is found
appropriate here.
2. Buried cables should not be removed upon decommissioning to avoid soil and other
disturbances, such that cabling should be abandoned in place, unless otherwise approved
by the town and landowner. Here, as the burial depth is only 24" all cabling, conduit, and
related materials are required to be removed from the Project site.
WHEREAS, the Agricultural Reclamation Plan has been revised and resubmitted for
consideration dated March 18, 2019 which plan included a decommissioning and restoration
plan, as well as requirements for the decommissioning bond, and such reclamation plan
adopted the town- and landowner -approved electric conduit burial depth of 24" due to the
number of existing drain tiles in the fields, and the conduit will be completely removed as part
the reclamation plan as submitted; and
WHEREAS, the Project SWPPP'has been amended and the Town's Engineer, T.G. Miller, P.C.
has approved the same and authorized the filing of the MS4 on March 19, 2019, if this project
is approved;
WHEREAS, the SWPPP, the Agricultural Mitigation Plan, and the site plan drawings C01 -
through C7.1, be and hereby are collectively and severally hereafter referred to as the "Project
Site Plans"; and
WHEREAS, Project Site Plans were submitted and consist of 7 pages dated October 22, 2018,
entitled "LANSING RENEWABLES, LLC, LANSING SOLAR ARRAY, as prepared and
certified effective such last revision date by Hunt Engineers, such site plan documents
consisting of the following documents:
• C1.0 Existing Conditions - last revision 1/3/19
• C2.0 Site Improvement & Layout Plan - last revision 3/18/19
• C4.0 Site Grading & Utility Plan - last revision 3/18/19
• C6.0 Site ES&C (Erosion & Sediment Control) Plan - last revision 3/18/19
• C6.1 Site ES&C Details - last revision 3/18/19
• C7.0 Site Details - last revision 3/18/19
• C7.1 Site Details - last revision 3/18/19
Each such site plan document being duly incorporated herein and further identified as Hunt
Project No. 3178.002, in relation to the 5 MW ground mounted solar installation at Jerry Smith
Road, Town of Lansing, County of Tompkins, New York; and
WHEREAS, the Planning Board has again considered and carefully reviewed the requirements
of the LUO relative to site plan review, the unique needs of the Town due to the topography,
the soil types and distribution, and other natural and man-made features upon and
surrounding the area of the proposed site plan, and the Planning Board has also considered
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the zoning in the area and the project in light of the Towns Comprehensive Plan and
compliance therewith; and
WHEREAS, the Applicant also submitted a land reclamation and site decommissioning plan
entitled "AGRICULTURAL MITIGATION PLAN, LANSING RENEWABLES, LLC,
339 JERRY SMITH ROAD, LANSING, TOMPKINS COUNTY, NEW YORK," dated February,
2019 and denoted as Project File No.31.018233.00, which reclamation plan is also incorporated
herein and deemed a material part of the Project site plan; and
WHEREAS, as required by NYSDAM, and in accord with Town requirements for this Project,
such reclamation plan includes both soil and agricultural reclamation, restoration, site
decommissioning and removals of improvement, as well as the bond requirements to
financially guarantee decommissioning and reclamation; and
WHEREAS, the Planning Board duly held a public hearing on this Project on November 26,
2018 and its environmental review on January. 14, 2019 and April 8, 2019, and all persons
interested in the subjects thereof were duly heard and all evidence submitted duly considered
and reviewed; and
WHEREAS, on April 8, 2019 the Planning Board duly considered the proposed site plan in
accordance with the provisions of LUO § 701.4 et seq., including concerns addressing site
drainage, lighting, nearby residences, landscaping, parking, buffering, screening, driveways,
and any potential on- and off-site environmental and developmental impacts, and upon due
consideration thereupon and deliberation by the Town of Lansing Planning Board, now
therefore be it
RESOLVED, that Site Plan application for the proposed construction of a new 5 -Megawatt
Solar Farm and site area improvements located at 339 Jerry Smith Road, Lansing, New York,
be and hereby is granted and approved, subject to the following conditions:
1. The Project Site Plans be and hereby are approved. This site plan approval is valid only
for 36 months from the date hereof in accordance with the standards set forth in the Towns
Land Use Law at § 701.10.
2. All electrical cables shall be installed in conduit and buried no deeper than 24", and
shall be completely removed upon voluntary or involuntary decommissioning.
3. No permits or building permits shall be issued until a financial guarantee substantially
in compliance with the Project Site Plans shall be delivered to, issued in favor of, and approved
by the Town of Lansing. More specifically, a decommissioning and reclamation bond (or
similar securitized financial guarantee as approved by the Town), in the amount of USD
$228,008 and written and underwritten by an agency registered to do business in New York
and reasonably approved by the Town, with a 2.5% per year escalator clause, intended and
designed to properly decommission and dispose of solar panels and all system and site
improvements, installations, and appurtenances, except that any roads, culverts, ditches, or
drainage facilities may be retained by the underlying landowner upon request (or according
to the terms as may be set forth in any applicable site lease). The system and site shall be
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decommissioned and removed, and the agricultural land reclaimed and restored, whenever
the project is abandoned, no longer functioning properly, or not producing energy and
conveying it to the electrical grid within 50% of nameplate capacity for any 6 consecutive
months, or any 8 non-consecutive months in any 12 -month period, or upon termination of land
use rights, loss or termination of interconnection permitting to the electrical grip, or as may
otherwise be required by law, in each case in accord with the then existing and known best
industry practices and applicable regulations and rules concerning land and agricultural
restoration, as well as site remediation and solid waste disposal rules, with the exception that
no BUD determination shall permit or allow any system parts, appurtenances, improvements,
or compounds to remain at the project site.
4. An Interconnection Permit required from New York State Electric and Gas (NYSEG)
and the appropriate electrical inspections and certifications as required by the NYS Building
Codes.
5. Fence installations shall be materially consistent with the fence details as submitted
upon February 13, 2019, and entitled "High Tensile, Fixed Knot Wire Fence."
6. Building Permits will be required to construct the approved building and site facilities,
and all plans must meet code requirements, including the sealing of plans. by a licensed
engineer or architect, and all improvements must be constructed in compliance with all state
and local building code requirements.
7. All stormwater information and verifications required by the most recently dated Town
Engineer's letter addressing the Stormwater Pollution Prevention Plan (SWPPP) shall be
adhered to and all final SWPPS and plans shall be subject to the approval of the Towns
Stormwater Management Officer (SMO) in accordance with NYS Department of
Environmental Conservation practices and a permit therefor. All stormwater systems and
features shall be inspected and properly working prior to the issuance of any CO or the close-
out of any building permit. Any failure of stormwater systems to function properly shall be
remedied and repaired, and if any permanent stormwater practices are necessary a suitable
stormwater operation, management, and reporting agreement ("SOMRA") shall be required,
approved, and filed in a manner and form as approved by and acceptable to the Town.
8. Approval for curb cut locations from the Tompkins County Highway Department are
required, and the culvert shall be a minimum of 30' long. Similarly, the approval of the Lansing
Fire Department shall be obtained verifying that the curbing, site, and roadway/ access designs
and plans, and emergency cut-off switching(s) are adequate for emergency access and vehicle
circulation.
9. The applicant and any future site operator shall be required to cause or perform a site
and facility inspection at least once every 2 years, starting upon the second anniversary of the
building permit close-out date. Such inspections shall be performed by a qualified installer or
engineer, and all solar panels shall be examined and inspected for cracks, breaks, or leaks. In
addition, all solar energy components and systems shall be examined and inspected for any
faults or exposed wiring, as well as to test the emergency shut-off system for verification of
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proper fire fighter and fire safety. Copies of such inspection reports shall be in writing and
immediately provide after each such two-year inspection to the Town Code Enforcement
Officer and the Lansing Fire Department, and any noted or identified system deficiencies or
panel leaks or damages shall be promptly remediated, repaired, or replaced.
10. Applicant shall supply a lock box with emergency access to any gates or locks in accord
with the Towns Local Law #4 of 2006, and a key and access codes shall at all times be kept
current and supplied to the Lansing Fire Department and the Town Code Office, together with
any bypass codes, RF devices, and like access tools and codes.
11. All parking layouts, screening, dark sky lighting, and other site conditions listed in the
Project Site Plan and the site plan review application shall be adhered to, and all existing or
previously required vegetative buffers (including as shown on the site plans described above)
shall be maintained as healthy and natural non-invasive vegetation designed to provide both
visual and sound buffering. Emphasis shall be placed upon solid cover barriers, such as hedges
and offset rows of evergreen trees, or densely placed deciduous trees with variable heights and
interspersed with evergreens or other plants as provide for such cover. Existing and any new
buffers shall be properly maintained and any dead, diseased, or dying trees or plants shall be
promptly replaced, and any tree or plants that, whether singularly or in combination, due to
lack of growth, death, recession, disease or other cause, cease to function as buffers shall be
replaced in a manner as promotes the goal ofsuch buffer as stated in this site plan approval
and the Project Site Plans.
Dated: April 8, 2019
Motion By: Thomas Butler
Seconded By: Larry Sharpsteen
VOTE AS FOLLOWS:
Al Fiorille - Aye
Larry Sharpsteen - Aye
Dean Shea - Aye.
Thomas Butler, Alternate - Aye
Dale Baker, Alternate - Aye
Jerry Caward, Chair - Aye
Received and filed in the Lansing Town Clerk's Office on
(seal) Debbie Munson
Town Clerk
Town of Lansing
Tompkins County, New York
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