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HomeMy WebLinkAbout23-16 Genie Solar4 RESOLUTION PB 23-16 TOWN OF LANSING PLANNING BOARD RESOLUTION STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION of SIGNIFICANCE AND SITE PLAN APPROVAL FOR LANSING COMMUNITY SOLAR, TAX PARCEL NO. 16. 1-19.2 WHEREAS, an application was made by Chris Koenig of C.T. MALE, for Genie Solar, Owner, for site plan approval for a 5.0 megawatt AC solar farm off Lansing Road, on approximately 18 acres of the 107.2± acres owned by Turek Farms in the Town of Lansing, New York, otherwise known as Tax Parcel 16.4-19.2. The property is in the RA — Rural Agricultural Zone; and WHEREAS; this is a proposed action reviewed under Town of Lansing Code § 270-27 Site Plan Review for which the completed application was received 24 March 2023; and WHEREAS; 6 NYCRR § 617 of the State Environmental Quality Review Act ("SEQRA") requires that a Lead Agency be established for conducting environmental review of projects in accordance with state environmental law and the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action; and WHEREAS; the Planning Board, being the local agency which has primary responsibility for approving the action, did on 24 April 2023 classify the project as a Type I Action and declared itself the Lead Agency for the coordinated environmental review with the Zoning Board of Appeals; and WHEREAS; legal notice was published on 17 May and 16 June 2023 and adjacent property owners within 600 feet were notified by mail pursuant to Town Code § 270-27(F); and WHEREAS; a public hearing was duly held before the Board upon 22 May and 26 June 2023 and the public was duly allowed to speak upon and address the proposed Site Plan, including the SEQR environmental review thereof, WHEREAS; the Tompkins County Department of Planning and Sustainability, Tompkins County Highway Department, NYS Department of Environmental Conservation, the NYS Department of Agriculture and Markets, and the Town of Lansing Volunteer Fire Department were given the opportunity to comment on the proposed action; and WHEREAS; Project plans, and related information, were duly delivered to the Tompkins County Planning and Sustainability Department per General Municipal Law § 239; et seg., and such Department responded in a letter dated 15 May 2023, from Katherine Borgella, Tompkins County Commissioner of Planning, pursuant to §239 4, -m, and - n of the New York State General Municipal Law. The proposed action was determined to have no significant county wide for inter -community impacts, however the following comment was offered: • The buffering and screening proposed as a part of this project includes the use of evergreen trees. The Town should consider clarifying the use of non-invasive evergreen trees. The County's Environmental Management Council has identified invasive species on its "Invasive Plants of Tompkins County, New York (2018)" list. Page 1 of 4 WHEREAS; the project is within a NYS Agricultural District (TOMP001), the facility has been situated to minimize disturbance to agricultural activity and leaves approximately 80% of the agricultural land available for agricultural use and does not sever or limit access agricultural land. Other than the access road and equipment pads, the project will not grade, strip, nor remove site soils, and will preserve the agricultural soils for future use; and WHEREAS; the project has incorporated a landscaping plan, which is in accordance with the Tompkins County Department of Planning and Sustainability, which includes the planting of a treed buffer which sufficiently mitigates the concerns of light and noise pollution to neighboring properties. Nor does the project propose any onsite lighting and will not result in sky -glow brighter than existing conditions; and WHEREAS; the project has submitted a stormwater pollution prevention plan which complies with the NYS General SPDES Permit for Stormwater Discharges from Construction and sufficiently attenuates any increase in erosions or stormwater runoff that project may create; and WHEREAS; the project is not visible from an officially designated federal, state, or local scenic resource and is consistent with the zoning for the area as well as the character of the area as a passive land use; and WHEREAS; each of the identified impacts were analyzed and duly considered by the Planning Board, as Lead Agency, in relation to the question of whether such impacts were so probable of occurring or so significant as to require a positive declaration of environmental impacts, and after weighing the potential impacts arising from or in connection with this site plan approval, and after also considering: (i) the probability of each potential impact occurring, including weighing the highly speculative nature of some potential future contingencies and the potential non -highly speculative nature of others; (ii) the duration of each potential impact; (iii) the irreversibility of each potential impact, including a consideration of permanently lost resources of value; (iv) whether each potential impact can or will be controlled or mitigated by permitting, reviews, or other regulatory 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 negative environmental or related social or resource impact to be or be likely to become a moderate or significant negative impact, and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: The Town of Lansing Planning Board, based upon (i) its thorough review of the EAF, Parts 1 & 2, a Site Plan application 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 of the proposed project to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617.7(c), and (iii) its completion of the FEAF, Part 2 and its determination at Part 3, including any findings noted therein (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 action, and determines that an Environmental Impact Statement will not be required; and it is FURTHER RESOLVED; that a responsible Officer 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 the fully completed and signed EAF and determination of significance shall be incorporated by reference in these resolutions AND BE IT FURTHER RESOLVED: Page 2 of 4 That the Planning Board of the Town of Lansing does hereby grant Site Plan approval for Town of Lansing Tax Parcel Number 16.4-19.2, for Lansing Community Solar which includes all site plan layouts, screening, , renderings, , and other site conditions listed in the plan set titled "Lansing Community Solar LLC, Genie Solar Energy" prepared by CT Male and Associates, subject to the following conditions: 1. A Final Site Plan, incorporating all recommended changes from the Planning Board and the Town Engineer, shall be submitted for the signature of the Chair of the Planning Board prior to the issuance of a building permit. 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 Town's Land Use Law at � 701.10. 2. 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 $428,461.25 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 decommissioning estimate and bond amount shall be reviewed every three years and adjusted as needed to cover the full cost of decommissioning. The system and site shall be 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 in any 12-month period, or for 12 of any 18 months, 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. 3. 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. 4. 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. 5. 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 Town's 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 fled in a manner and form as approved by and acceptable to the Town. 6. Approval for curb cut locations from the Tompkins County Highway Department are required. 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. 7. 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 Page 3 of 4 of 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. 8. Applicant shall supply a lock box with emergency access to any gates or locks in accord with the Town's 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. 9. 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 tows 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 of such buffer as stated in this site plan approval and the Project Site Plans. 10. Compliance with all current and future recommendations of the Town's Engineer. 11. The Applicant will provide project specific training for Emergency Services as requested or required. Dated: 24 July 2023 Motioned by: Deb Trumbull Seconded by: Dean Shea VOTE AS FOLLOWS: Tom Butler Aye Sandra Dennis Conlon Aye Christine Hass Not Voting Laurie Hemmings Absent John Licitra Aye Larry Sharpsteen Aye Dean Shea Aye Deb Trumbull Aye Al Fiorille Aye Received in the Lansing Town Clerk's Office on V?A-1 Debbie Munson, Town Clerk Town of Lansing Tompkins County, New York Page 4 of 4