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HomeMy WebLinkAboutPC Packet 2023-02-16 DEPARTMENT OF PLANNING 215 N. Tioga St 14850 607.273.1747 www.town.ithaca.ny.us TOWN OF ITHACA PLANNING COMMITTEE THURSDAY, FEBRUARY 16, 2023 at 3:00 P.M. Meeting Location: Ithaca Town Hall, 215 N. Tioga Street, Aurora Conference Room (Enter from the rear entrance of Town Hall, adjacent employee parking lot.) Members of the public may also join the meeting virtually via Zoom at https://us06web.zoom.us/j/6750593272. AGENDA 1. Persons to be heard. 2. Committee announcements and concerns. 3. Consider approval of January meeting minutes. 4. Consider request for a Limited Historic Commercial Overlay District for 110 Buttermilk Falls Rd E. 5. Continue review of revised Solar Law draft amendments. 6. Discuss potential project initiation: Transportation Plan (2007) update. 7. Staff updates and reports. 8. Discuss next meeting date and upcoming agenda items. A quorum of the Ithaca Town Board may be present, however, no official Board business will be conducted. 1 Town of Ithaca Planning Committee Thursday, January 19, 2023 (3:00 PM Aurora Conference Room and on Zoom) DRAFT Minutes Committee members: Rich DePaolo, Chair; Rod Howe. Margaret Johnson-excused. Board/Staff members: Directors of Planning, Susan Ritter & C.J. Randall; Director of Code Enforcement, Marty Mosely; Justin McNeal, Town Civil Engineer, Dan Tasman, Town Planner. Guests: via zoom Herb Engman 1. Persons to be heard: None 2. Committee announcements and concerns: The new Director of Planning C.J. Randall was introduced and welcomed to the Town and Planning Committee. 3. Approval of December meeting minutes: Rich moved; Rod seconded. The December 15, 2022, minutes were approved with one minor correction. 4. Modifications to the Inlet Valley Overlay district: The proposed language and map were presented to the Town Planning Board at their most recent meeting and positive feedback was received. The Committee reviewed the language a final time and a few minor changes were recommended for inclusion in the full redlined version to go to the Town Attorney. A summary of the minor changes are as follows: Permitted Uses E. Commercial principal uses 4) remove indoor-can just read “space and equipment….” 8) remove “or walk up window service, and no permanent outdoor seating area” Design standards and guidelines D. Building Design (9) change “must or may” to should, 3rd paragraph remove “and” add “with” F. Parking and vehicle circulation (1) parking spaces need to be site specific-no minimum-Dan will revise (3) parking surfaces also site specific-Planning Board determines materiality (7) Internal Landscaping- word to only require for asphalt lot (8) add “or converted” after expanded and word to be made of solid materials. 5. Possible updates to the RaNic Golf Club development proposal: N/A nothing new submitted. 6. Staff updates and reports: Sue reported an anticipated Site Plan review coming in for the former Chain Works building for a new industrial use. Purchase/Development Right applications anticipated to come to the Town Planning Committee in the future for recommendation to the Town Board for an appraisal. The former B&B on Buttermilk Falls has continued interest in possibly applying for the LHC. 7. Next meeting date and upcoming agenda items: February 16th, 2023. Anticipating Preservation Plan for the LHC Forest Home applicant. The Town of Ithaca Planning Committee meeting concluded at 4:00 pm. PLANNING DEPARTMENT MEMO To: Planning Committee Members From: Susan Ritter, Director of Planning Date: November 10, 2022 RE: Outstanding issues needing to be addressed with the solar law amendments: 1) Reconsider changing the large-scale solar installation threshold from 10 acres to 5 acres. Currently large-scale solar, with its 10-acre size threshold, allows installations as principal and accessory use in the Agricultural, Low Density Residential, Office Park Commercial, Light Industrial, and Industrial zones. The current draft amendment proposes lowering this threshold to 5-acres. Staff suggestion is to not lower this to 5-acres, but to instead, at a minimum, keep it at 10-acres. 2) Resolve whether to keep the New York State Ag and Market’s document “Guidelines for Solar Energy Project – Construction Mitigation for Ag Lands (2019)” as a reference in the Solar Law, or optionally, extract specific requirements and add them as town provisions tailored for town purposes. The proposed new “Full-scale” solar installation category with a 35-acre threshold is permitted only in the town’s Agricultural Zone. To address protection of ag lands (particularly soils), the amended draft references the NYS Ag and Markets Guidelines for Solar Energy Projects. For the September meeting, committee members were provided with the Ag & Markets document along with a four-page document of tailored provisions that could instead be added to the town’s Solar Law. The question for the committee is whether to pull out relevant provisions from the Ag and Markets guidelines and insert them as requirements in the town’s Solar Law. This is the strategy taken by the Town of Victor. They copied provisions, but then tailored some for their purposes. For instance, Ag & Markets requires projects involving 50 acres or more to have an environmental monitor (EM) on site whenever construction or restoration work is required involving ground disturbance. An EM is hired by the solar company for the purpose of overseeing the construction and conduct follow-up monitoring. For projects that are less than 50 acres, Ag and Markets only requires the EM “to be available for consultation and/or onsite whenever construction or restoration work that causes ground disturbance is occurring on the ag lands.” The Town of Victor modified this requirement and requires the EM on site whenever construction is occurring. Staff can discuss further examples at the meeting. 3) Consider whether to keep provision G.(2)(d)[5] restricting solar installations to no more than “50% of the parcel area” in areas containing Prime Farmland or Farmland of Statewide Importance. Incorporating and tailoring NYS Ag & Markets construction mitigation measures may safeguard soils adequately such that this restriction is not necessary. Map of soils and zoning has been provided for the meeting. Proposed Amendments to Town of Ithaca Solar Law (Draft 11/22/22) Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: Bold, Underline, Font color: Accent 2 Formatted: Left Chapter 270. Zoning Article XXVI. Special Regulations § 270-219.1. Solar energy systems. A. Purpose. The purpose of this section is to facilitate the development and operation of renewable energy systems based on sunlight, because it is in the public interest to provide for and encourage renewable energy systems and a sustainableility quality of life, in accordance with the Town of Ithaca Comprehensive Plan. Solar energy systems are appropriate in all zoning districts when measures are taken, as provided in this section, to minimize adverse impacts on neighboring properties and protect the public health, safety and welfare. B. Applicability. (1) The requirements of this section shall apply to all solar energy systems modified or installed after the effective date of this section. (2) Solar energy systems are permitted in all Town zones, including Planned Development Zones, subject to the requirements described below. Notwithstanding the foregoing, where the solar energy systems provisions of the New Neighborhood Code (Chapter 272) apply and are inconsistent with this § 270-219.1, the provisions of the New Neighborhood Code apply. [Added 11-9-2020 by L.L. No. 6-2020] C. General requirements. (1) Building permits are required for all solar energy systems. (2) The setbacks and approval required for each type of solar energy system are summarized in the table titled "Setback and Yard Requirements for Ground- Mounted Solar Energy Systems,"[1] and are further described below. [1] Editor's Note: The table is included as an attachment to this chapter. (3) Qualified installer. All solar energy installations must be performed by a qualified solar installer and, prior to issuance of a certificate of compliance, must be inspected by a Town Code Enforcement Officer or by an appropriate electrical inspection person or agency, as determined by the Town. In addition, any connection to the public utility grid must be approved by the appropriate public utility. (4) Storage batteries. When solar storage batteries are included as part of the solar energy system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of Tompkins County and other applicable laws and regulations. Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Centered Formatted: Font: 11 pt Commented [CR1]: The accumulation, collection, incineration, disposal, or storage of old, unusable, dead, or damaged batteries is expressly prohibited. Proposed Amendments to Town of Ithaca Solar Law (Draft 11/22/22) Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: Bold, Underline, Font color: Accent 2 Formatted: Left(5) Classifications: For purposes of this § 270-219.1, a photovoltaic solar energy system use is an accessory use on a parcel if it is designed for a use primarily on the parcel. may be classified as either an accessory use or a principal use as set forth: (a) Principal use. PV system constructed on a lot or parcel providing electrici ty to an offsite user (large- and full-scale PV system). (b) Accessory use/accessory structure. A solar energy system that primarily uses the energy generated from the system onsite. This includes [1] All solar thermal energy systems and [2] Solar photovoltaic systems that generate no more than 110% of the electricity consumed on-site over the previous 12 months.. (6) In the event of inconsistency between the provisions in this § 270-219.1 and other provisions in Chapter 270 or Chapter 271 (such as setback or height requirements), the provisions in § 270-219.1 shall govern. D. Rooftop and building-mounted photovoltaic solar energy systems. The following standards are applicable to rooftop and building -mounted photovoltaic solar energy systems: (1) Permitted in all zones. (2) No size thresholds, except as limited by the New York State Uniform Fire Prevention and Building Code. (3) No site plan approval is required; changes to, or the addition of, rooftop or building- mounted photovoltaic solar energy systems will not trigger site plan modification requirements. (4) Glare. All solar panels must have anti-reflective coating(s). E. Solar-thermal energy systems (rooftop, building-mounted and ground-mounted). In addition to the standards in Subsection F below, the following standards are applicable to solar-thermal energy systems: (1) Permitted in all zones as an accessory use. (2) No size thresholds, except as limited by the New York State Uniform Fire Prevention and Building Code. (3) Setbacks for ground-mounted solar-thermal energy systems shall be the same as those listed in Subsection G below for ground-mounted photovoltaic solar energy systems. (4) No lot coverage standards apply. (5) No site plan approval is required; changes to, or the addition of, solar -thermal energy systems will not trigger site plan modification requirements. (6) Safety. No roof-mounted solar-thermal energy system shall be located in a manner that would cause the shedding of ice or snow from the roof into an open porch, stairwell or pedestrian travel area. Formatted: Left, Indent: Left: 0.13", Hanging: 0.38", Tab stops: 0.5", Left + Not at 0.76" Field Code Changed Commented [CR2]: Use is 'PHOTOVOLTAIC SOLAR ENERGY SYSTEM'per 270-5 https://ecode360.com/32079981#32079981 Formatted: Not Highlight Formatted: Indent: Left: 0.81", Tab stops: 0.5", Left + Not at 0.76" Formatted: Left, Indent: Left: 0.13", Hanging: 0.31", Tab stops: 0.44", Left + Not at 0.76" Proposed Amendments to Town of Ithaca Solar Law (Draft 11/22/22) Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: Bold, Underline, Font color: Accent 2 Formatted: Left F. Standards applicable to all ground -mounted photovoltaic and ground-mounted solar- thermal energy systems. (1) Height. The maximum height for all ground -mounted systems is 25 20 feet when the system is oriented at maximum tilt. Exceptions will be made for farms in the Agriculture and Low Density Residential Zones that utilize agrivoltaic farming applications. For agrivoltaic uses the Planning Board may waive the height requirement to accommodate continued or new agricultural uses. (2) Installation of solar energy systems is prohibited in: (a) Required open space; (b) Required buffers; or (c) Park set-aside areas required as a condition of subdivision approval. (3) Maintenance. The owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, structural repairs and integrity of security measures. (4) Abandonment. If a solar energy system ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collectors, plates, piping, mounts and associated equipment and facilities by no later than 150 days after the end of the twelve-month period. (5) Solar energy systems may be built across common lot lines by mutual agreement among all property owners. Mutual easements allowing such systems are required where lot ownership is not identical. Solar energy systems that are built across common lot lines may be a principal use on one or more lots, and/or an accessory use on one or more lots, provided that the use is allowed in the relevant zone. G. Additional standards for ground -mounted photovoltaic solar energy systems. (1) Ground-mounted photovoltaic systems are divided into three four size categories, as follows: (a) Small-scale ground-mounted photovoltaic systems have a total solar facility footprint of 2,000 square feet or less. (b) Medium-scale ground-mounted photovoltaic systems have a total solar facility footprint of more than 2,000 square feet and less than up to and including 7,000 square feet. (c) Large-scale ground-mounted photovoltaic systems have a total solar facility footprint greater than 7,000 square feet and up to 10 acres. (d) Full-scale ground-mounted photovoltaic systems have a total solar facility footprint of more than 10 acres and up to a maximum of 35 acres. (2) Standards applicable to ground-mounted photovoltaic systems based on scale size. (a) Small-scale photovoltaic solar energy system standards: [1] Permitted in all zones as principal and accessory uses. Formatted: Left, Indent: Left: 0.13", Hanging: 0.38", Tab stops: 0.5", Left + Not at 0.76" Formatted: Font: 12 pt Proposed Amendments to Town of Ithaca Solar Law (Draft 11/22/22) Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: Bold, Underline, Font color: Accent 2 Formatted: Left [2] Setbacks (measured from the lot line to the closest part of the photovoltaic solar energy system): [a] Ten feet minimum from side and rear yard lot lines. [b] Minimum setback from front lot line equals the maximum number of feet for required front yards in the zone, except in Light Industrial, Industrial and Planned Development Zones. [c] In Light Industrial, Industrial and Planned Development Zones, the minimum setback from front lot line is 50 feet. [3] Lot coverage. The solar facility footprint of the system, when combined with all other buildings and structures on the lot, shall not exceed 120% of the maximum lot coverage, building area, and yard occupancy requirements for the zone. [4] Site plan review: not required unless the photovoltaic solar energy system is part of an overall new development plan or modification of an existing plan that otherwise triggers site plan review. (b) Medium-scale photovoltaic solar energy system standards: [1] Permitted use: [a] Accessory use in the following zones: Medium Density Residential, High Density Residential, Mobile Home Park, Multiple Residence, Conservation, Neighborhood Commercial, Community Commercial, and Planned Development Zones. [b] Principal and accessory uses in the following zones: Agricultural, Low Density Residential, Light Industrial, Industrial, and Office Park Commercial Zones. [2] Setbacks (measured from the lot line to the closest part of the photovoltaic solar energy system): [a] Sixty feet minimum from a lot line (except a front lot line) that abuts property in any zone except a commercial or industrial zone. [b] Thirty feet minimum from a lot line (except a front lot line) that abuts property in a commercial or industrial zone. [c] Minimum setback from front lot line equals the maximum number of feet for required front yards in the zone, except in Light Industrial and Industrial Zones. [d] In Light Industrial, Industrial and Planned De velopment Zones, minimum setback from front lot line is 50 feet. [3] Lot coverage. The solar facility footprint of the system, when combined with all other buildings and structures on the lot, shall not exceed 120% of the maximum lot coverage, building area, and yard occupancy requirements for the zone. [4] Site plan review: Commented [CR3]: Thus, no solar in front yards (except for perhaps in front of an existing structure built prior to maximum front yard setback requirements)? Proposed Amendments to Town of Ithaca Solar Law (Draft 11/22/22) Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: Bold, Underline, Font color: Accent 2 Formatted: Left [a] Required in Low Density Residential, Medium Density Residential, and High Density Residential Zones. [b] In other zones, not required unless the photovoltaic solar energy system is part of an overall new development plan or modification of an existing plan that would require site plan review even if the photovoltaic solar energy system was not part of the plan. [5] Design standards. [a] Fencing. When fencing is installed, barbed wire shall not be utilized. [b] Glare. Photovoltaic solar energy systems and other facilities shall be designed and located in order to minimize reflective glare toward roads or any habitable or occupiable buildin g on adjacent properties. (c) Large-scale photovoltaic solar energy system standards: [1] Permitted use: [a] Principal and accessory uses in the following zones: Agricultural, Low Density Residential, Office Park Commercial, Light Industrial, Industrial , and Planned Development Zones. [b] Accessory use only in the following zones: Medium Density Residential Zone. [c] Accessory use in Planned Development Zones. Principal use only if the individual Planned Development Zone specifically allows it as a permitted use. [2] Setbacks (measured from the lot line to the closest part of the photovoltaic solar energy system): [a] Seventy-five feet minimum from a lot line (except from a front lot line) that abuts property in any zone except a commercial or industrial zone. [b] Forty feet minimum from a lot line (except from a front lot line) that abuts property in a commercial or industrial zone. [c] Minimum setback from front lot line equals the maximum number of feet for required front yards in the zone, except in Light Industrial and Industrial Zones. [d] In Light Industrial, Industrial and Planned Development Zones, minimum setback from front lot line is 50 feet. [e] Roads, landscaping and fencing may occur within the setback. [3] Maximum footprint and lLot coverage. The maximum solar facility footprint of a system is 10 acres. The coverage of photovoltaic solar energy systems shall not count in the computation of lot coverage, building area, and yard occupancy. [4] Site plan review is required prior to c onstruction, installation or modification. In addition to the requirement for site plan review per Town Formatted: Not Highlight Proposed Amendments to Town of Ithaca Solar Law (Draft 11/22/22) Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: Bold, Underline, Font color: Accent 2 Formatted: Left Code § 270-186, the following additional information is required to be submitted as part of the site plan application: [a] A one- or three-line electrical diagram detailing the entire Solar Energy System layout, including the number of Solar Panels in each ground- mount array, solar collector installation, associated components, inverters, electrical interconnection methods, and utility meter, with all National Electrical Code compliant disconnects and over current devices. The diagram should describe the location and layout of all Battery Energy Storage System components if applicable and should include applicable setback and other bulk and area standards. [b] Details showing how and where the project interconnection with the utility company is planned. [c] Utility notification: submission of documentation from the utility company that operates the electrical grid where the installation is to be located acknowledging the photovoltaic solar energy systems will be connected to the utility grid. Off-grid systems shall be exempt from this requirement. [d] Safety. The owner/operator shall provide evidence that a copy of the site plan application has been submitted to the appropriate Fire Chief (Ithaca Fire Department or Cayuga Heights). All means of shutting down the photovoltaic solar energy system shall be clearly marked on the site plan and building permit applications. [e] Operation and maintenance plan: submission of a plan for the operation and maintenance of the facility, to include measures for maintaining safe access, operational maintenance of the photovoltaic solar energy system, any anticipated agrivoltaic use, and general property upkeep, such as mowing and trimming. [f] Decommissioning plan: i. Submission of a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of the facility to ensure that the site will be restored to a useful and nonhazardous condition, with a time frame provided for the completion of the work. See Decommissioning plan components in Subsection H ii. At the time of obtaining a building permit, the solar energy applicant may be required to provide a financial security bond or other form of financial security acceptable to the Town for implementation of a decommissioning plan. An estimate of the full cost of decommissioning and removal of the photovoltaic system must be prepared by a licensed engineer and take into account inflation and shall have a term consistent with the life of the solar energy systems. [5] Design standards. [a] Fencing. [i] Barbed wire shall not be utilized. [ii] When fencing will enclose the perimeter of the site or facility, wildlife-friendly fencing that allows the free range and passage Formatted: Font: Arial, 12 pt Formatted: Font: Arial, 12 pt Formatted: Font: Arial, 12 pt Formatted: Font: Arial, 12 pt Commented [CR4]: Define - add as use? Formatted: Font: Arial, 12 pt Formatted: Font: Arial, 12 pt Formatted: Left, Indent: Left: 0.94", Hanging: 0.25" Formatted: Indent: Left: 0.94" Formatted: Left, Indent: Left: 0.94", Hanging: 0.25", Tab stops: Not at 1.45" Formatted: Indent: Hanging: 0.31" Formatted: Indent: Left: 1.25", First line: 0" Formatted: Not Highlight Formatted: Left, Indent: Hanging: 0.25" Formatted: Not Expanded by / Condensed by Proposed Amendments to Town of Ithaca Solar Law (Draft 11/22/22) Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: Bold, Underline, Font color: Accent 2 Formatted: Left of small mammals and reptiles and is designed to minimize wildlife injury and death due to entanglement or strangulation shall be used on sites having a solar facility footprint greater than three five acres. Exceptions can be made by the Planning Board for sites that are not in rural locations and have limited surrounding wildlife habitat. [iii] Mechanical equipment, including any structure for Battery Energy Storage System components, shall be enclosed by a 7-foot-high fence, or whatever is currently required by NEC, with a self -locking gate to prevent unauthorized access. [b] Glare. Photovoltaic solar energy systems shall be designed and located in order to minimize reflective glare toward roads and any inhabited building on adjacent properties. [c] Roads. Roadways within the site shall be designed to minimize the width and extent of roadway construction and soil compaction. [d] Screening/Buffering. Based on site-specific conditions, including topography, adjacent structures, and roadways, reasonable efforts shall be made to minimize visual impacts by preserving natural vegetation, and providing landscape screening to abutting residential properties and roads, but should not result in shading photovoltaic solar energy systems. [e] Lighting. All lighting on the site related to the photovoltaic solar energy system shall comply with the Town's Outdoor Lighting Law[2] and be limited to that required for safety and operational purposes. Editor's Note: See Ch. 173, Lighting, Outdoor. [f] Signage. All signage shall comply with the Town's Sign Law.[3] A sign shall be displayed on or near the main access point identifying the owner and providing a twenty-four-hour emergency contact phone number. Editor's Note: See Ch. 221, Signs. [g] Utility connections. Reasonable efforts shall be made to place all utility lines from the photovoltaic solar energy system underground, depending on appropriate soil conditions, shape and topography of the site, financial feasibility, and any requirements of the utility provider. When aboveground cables and transmission lines must cross agricultural fields, utility poles that provide longer spanning distances should be located on field edges to the greatest extent Practicable to avoid bisecting of agricultural lands. Electrical transformers for utility interconnections may be aboveground if required by the utility provider. [h]Decommissioning.DECOMMISSIONING MOVED TO END OF LAW GIVEN ITS LENGTH AND TO ELIMINATE FLOW DISRUPTION BETWEEN LARGE-SCALE AND FULL-SCALE FACILITIES. (d) Full-scale photovoltaic solar energy systems standards [1] Permitted use [a] Principal and accessory uses in the following zone: Agricultural Formatted: Font: Arial, 12 pt Formatted: Font: Arial, 12 pt Formatted: Font: Arial, 12 pt Formatted: Font: Arial, 12 pt Formatted: Font: Arial, 12 pt Commented [CR5]: To add? Formatted: Indent: Hanging: 0.67", Space Before: 0 pt, Tab stops: 0.76", Left + 2.14", Left Proposed Amendments to Town of Ithaca Solar Law (Draft 11/22/22) Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: Bold, Underline, Font color: Accent 2 Formatted: Left [2] Setbacks [a] Minimum setback from the side and rear lot lines is 75 feet. [b] Minimum setback from front lot line is 50 feet. [c] Roads, landscaping and fencing may occur within the setback. [3] Lot coverage. The coverage of photovoltaic solar energy systems shall not count in the computation of lot coverage, building area, and yard occupancy. [4] Site plan review is required prior to construction, installation or modification. In addition to the requirement for site plan review per Town Code § 270-186, the following additional information is required to be submitted as part of the site plan application: [a] All site plan review requirements for large-scale solar energy systems are required for full-scale energy systems. [b] A visual assessment of the visual impacts of the solar energy system on public roads and adjacent residential properties. At a minimum, a line-of-sight profile analysis shall be provided. [5] Design standards [a] All design standards required for large-scale solar energy systems are required for full-scale energy systems. [b] The clearing of land to accommodate the solar facility must not exceed 20% removal of mature woods on the lot project site. [c] Vegetation clearing. Removal of trees and other existing vegetation shall be limited to what is necessary for the construction, operation and maintenance of the photovoltaic solar energy system but in no case result in the clearing of greater than 20 % mature wood on the lot. [d] Multiple lots. The Planning Board may consider a solar facility project that is comprised of several lots to be treated as a single lot for purposes of applying setback standards. (e) Locate noise generating inverters as far away from neighboring property lines as possible. [f] The Town of Ithaca considers agrivoltaic farming to be the preferred approach when siting solar on land that is well-suited for agriculture production. [g] Energy system owners not utilizing agrivoltaic farming shall develop, implement, and maintain native vegetation to the extent practicable pursuant to a vegetation management plan by providing native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall use native plant species and seed mixes. [6] Farmland protection. Full-scale ground-mounted solar PV systems Formatted: Indent: Left: 0.75", Hanging: 0.25", Space Before: 0 pt, Line spacing: single, No bullets or numbering, Tab stops: 1.25", Left + Not at 1.8" Formatted: Not Highlight Formatted: Not Highlight Formatted: Left, Indent: Hanging: 0.25", Tab stops: 1", Left + Not at 1.25" Formatted: Indent: Left: 0.6", Hanging: 0.4" Formatted: Indent: Hanging: 0.5", Space Before: 0 pt Formatted: Indent: Left: 0.69", Hanging: 0.81", Space Before: 0 pt Formatted: Indent: Left: 0.94", Hanging: 0.31", Tab stops: 1.25", Left Formatted: Font: Arial, 12 pt Formatted: Font: Arial, 12 pt Formatted: Font: Arial, 12 pt Formatted: Font: Arial, 12 pt Formatted: Font: Arial, 12 pt Formatted: Space Before: 0 pt Formatted: List Paragraph, Left, Indent: Left: 0.69", Hanging: 0.25", Right: 0.08", Line spacing: Multiple 0.89 li, Pattern: Clear, Tab stops: 1.8", Left Formatted: Font: 12 pt Proposed Amendments to Town of Ithaca Solar Law (Draft 11/22/22) Formatted ... Formatted ... Formatted ... Formatted ... proposed upon prime or important agricultural land as defined herein may be allowed if the Planning Board determines there are no feasible alternative locations for PV system siting on the lot in question. [7] The following standards apply to the construction, restoration, and follow - up monitoring of solar energy projects impacting prime or important agricultural land. An environmental monitor (EM) shall be hired by the applicant, at the discretion of the Town, to oversee construction, restoration and follow-up monitoring. The EM shall be an individual with a confident understanding of normal agriculture practices (such as cultivation, crop rotation, nutrient management, drainage (subsurface and/or surface), chemical application, agricultural equipment operation, fencing, soils, plant identification, etc.) and able to identify how the project may affect the site and the applicable agricultural practices. The EM should also have experience with or understanding of the use of a soil penetrometer for compaction testing and record keeping. The EM may serve dual inspection roles associated with other Project permits and/or construction duties, if the agricultural workload allows. The EM should be available to provide site -specific agricultural information as necessary for project development through field review and direct contact with both the affected farm operators and NYSDAM. The EM should maintain regular contact with appropriate onsite project construction supervision and inspectors throughout the construction phase. The EM should maintain regular contact with the affected farm operator(s) concerning agricultural land impacted, management matters pertinent to the agricultural operations and the site- specific implementation of agricultural resource mitigation measures. The EM will serve as the agricultural point of contact. [a] For projects involving less than 10 acres of prime or important agricultural land, the construction manager or some other on -site personnel may serve as the EM. The EM must be on site whenever construction or restoration work is occurring on agricultural land. [b] For projects involving 10 acres or more of prime or important agricultural land, the EM shall be on site whenever construction or restoration work is occurring on agricultural land and shall coordinate with the New York State Department of Agriculture and Markets, Division of Land and Water Resources to develop an appropriate schedule for project inspections. [c] The EM shall contact the New York State Department of Agriculture and Markets, Division of Land and Water Resources, if farm resource concerns or management matters pertinent to the agricultural operation and site-specific implementation conditions found below cannot be resolved. [d] Construction requirements: [i] The surface of access roads constructed through agricultural fields shall be level with the adjacent field surface. Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Proposed Amendments to Town of Ithaca Solar Law (Draft 11/22/22) Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: Bold, Underline, Font color: Accent 2 Formatted: Left [ii] Access roads shall be located along the edge of agricultural areas, in areas next to hedgerows and field boundaries, and in nonagricultural areas of the site to the greatest extent practicable. [iii] The width of access roads across or along agricultural fields shall be no wider than 20 feet so as to minimize the loss of agricultural lands while maintaining compliance with New York State Uniform Fire Prevention and Building Codes for emergency vehicle access. [iv] Culverts and waterbars shall be installed, where necessary, to maintain natural drainage patterns. [v] All topsoil from agricultural areas used for vehicle and equipment traffic, parking, and equipment laydown and storage areas shall be stripped and stockpiled. All vehicle and equipment traffic and parking shall be limited to the access road and/or designated work areas, such as laydown areas. Vehicles and equipment shall not be allowed outside the work area without prior approval from the landowner and, when applicable, the environmental monitor. [vi] Topsoil stripped from work areas (parking areas, electric cable trenches, along access roads) shall be stockpiled separately from other excavated material (rock and/or subsoil). A minimum of 50 feet of temporary workspace shall be provided along "open -cut" electric cable trenches for proper topsoil segregation. All topsoil shall be stockpiled immediately adjacent to the area where strippe d/removed and shall be used for restoration on that particular site. Topsoil stockpile areas shall be clearly designated in the field and on construction drawings. [vii] Electric interconnect cables and transmission lines installed aboveground can create long -term interference with mechanized farming on agricultural land. Therefore, interconnect cables shall be buried in agricultural fields wherever practicable. Interconnect cables and transmission lines installed aboveground shall be located outside field boundaries wherever possible. When aboveground cables and transmission lines must cross farmland, minimize agricultural impacts by using taller structures that provide longer spanning distances and locate poles on field edges to the greatest extent practicable. [viii] All buried electric cables in cropland, hayland and improved pasture, shall have a minimum depth of 48 inches of cover. In unimproved grazing areas and land permanently devoted to pasture, the minimum depth of cover shall be 36 inches. In areas where the depth of soil over bedrock ranges from zero inches to 48 inches, the electric cables shall be buried entirely below the top of the bedrock or at the depth specified for the particular land use, whichever is less. At no time shall the depth Formatted: Font: 12 pt Formatted: Left, Indent: Left: 1.13", Line spacing: single Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Indent: Left: 1.13" Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Left, Indent: Left: 1.13", Line spacing: single Formatted: Font: 12 pt Formatted: Indent: Left: 1.13" Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Left, Indent: Left: 1.13", Line spacing: single Formatted: Font: 12 pt Formatted: Indent: Left: 1.13" Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Left, Indent: Left: 1.13", Line spacing: single Formatted: Font: 12 pt Formatted: Indent: Left: 1.13" Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Left, Indent: Left: 1.13", Line spacing: single Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Indent: Left: 1.13" Formatted: Font: 12 pt Formatted ... Formatted: Font: 12 pt Proposed Amendments to Town of Ithaca Solar Law (Draft 11/22/22) Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: Bold, Underline, Font color: Accent 2 Formatted: Left of cover be less than 24 inches below the soil surface. [ix] When buried electric cables alter the natural stratification of soil horizons and natural soil drainage patterns the effects shall be rectified with measures such as subsurface intercept drain lines. Tompkins County Soil and Water Conservation District shall be consulted concerning the type of intercept drain lines to be installed to prevent surface seeps and the seasonally prolonged saturation of the cable installation zone and adjacent areas. All drain lines shall be ins talled in accordance with Natural Resource Conservation Service standards and specifications. Drain tile shall meet or exceed the AASHTO M252 specifications. [x] Existing drainage and erosion control structures, such as diversions, ditches, and drain tile shall remain undamaged and protected. Where existing drainage and erosion control infrastructure must be removed, appropriate measures shall be taken to maintain the design and effectiveness of the originally installed structures. Drainage and erosion control structures disturbed during construction shall be repaired or replaced to as close to original condition as possible, unles s said structures are to be eliminated based upon the large -scale ground- mounted solar PV system site plan approval. [xi.] All excess subsoil and rock shall be removed from the site. On -site disposal of such material shall only be allowed if approved by the landowner, with appropriate consideration given to any possible agricultural or environmental impacts. Any permits necessary for disposal under local, state and/or federal laws and regulations shall be obtained by the contractor, with the cooperation of the landowner when required. [xii.] All pieces of unused wire, bolts, and other metal objects shall be removed and properly disposed of as soon as practical to prevent mixing with any topsoil. [xiii] Excess concrete shall not be buried or left on the surface in active agricultural areas. Concrete trucks shall be required to use designated washout stations located outside of agricultural areas. [xiv] In pasture areas, it may be necessary to construct temporary or permanent fences around work areas to prevent l ivestock access, consistent with landowner agreements. [e] Restoration requirements. All agricultural areas temporarily disturbed by construction shall: [i] Be decompacted to a depth of 18 inches with a deep ripper or heavy - Formatted: Indent: Left: 1.13" Formatted: Font: 12 pt, Bold Formatted: Left, Indent: Left: 1.13", Line spacing: single Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Indent: Left: 1.13" Formatted: Font: 12 pt Formatted: Left, Indent: Left: 1.13", Line spacing: single Formatted: Font: 12 pt Formatted: Indent: Left: 1.13" Formatted: Font: 12 pt Formatted: Left, Indent: Left: 1.13", Line spacing: single Formatted: Font: 12 pt Formatted: Indent: Left: 1.13" Formatted: Font: 12 pt, Bold Formatted ... Formatted: Font: 12 pt Formatted: Indent: Left: 1.13" Formatted: Font: 12 pt Formatted ... Formatted: Font: 12 pt Formatted: Indent: Left: 1.13" Formatted: Font: 12 pt Formatted ... Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted ... Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted ... Formatted: Font: 12 pt Proposed Amendments to Town of Ithaca Solar Law (Draft 11/22/22) Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: Bold, Underline, Font color: Accent 2 Formatted: Left duty chisel plow. Soil compaction results should be no more than 250 pounds per square inch (PSI) as measured with a soil penetrometer. In areas where the topsoil was stripped, soil decompaction s hould be conducted prior to topsoil replacement. Following decompaction, remove all rocks four inches and larger in size from the surface of the subsoil prior to replacement of topsoil. Replace the topsoil to original depth and reestablish original contours where possible. Remove all rocks four inches and larger from the surface of the topsoil. Subsoil decompaction and topsoil replacement shall be avoided between the months of October and May unless favorable soil moisture conditions exist. [ii] Regrade all access roads to allow for farm equipment crossing and to restore original surface drainage patterns, or other drainage patt ern incorporated into site plan design, approved by the Planning Board. [iii] Seed all restored agricultural areas with the seed mix specif ied by the landowner, in order to maintain consistency with the surrounding areas. [iv] All surface or subsurface drainage structures damaged during construction shall be repaired to as close to preconstruction conditions as possible, unless said structures are to be removed as part of the site plan approval. All surface or subsurface drainag e problems resulting from construction of the large-scale ground-mounted solar PV system shall be corrected with the appropriate mitigation as determined by the EM, Tompkins County Soil and Water Conservation District and the landowner. [v] Restoration practices shall be postponed until favorable (workable, relatively dry) topsoil/subsoil conditions exist. Restoration is not to be conducted while soils are in a wet or plastic state. Stockpiled topsoil shall not be regraded and subsoil shall n ot be decompacted until plasticity, as determined by the Atterberg field test, is adequately reduced. No project restoration activities shall occur in agricultural fields between the months of October and May unless favorable soil moisture conditions exist. [vi] Following site restoration, all construction debris shall be removed from the site. [f] Monitoring and remediation requirement. Immediately following site restoration, the applicant shall provide a monitoring and remediation period of no less than two years. On site monitoring shall be conducted seasonally at least three times during the growing season (Spring, Summer and Fall). The monitoring and remediation period allows for the effects of climatic cycles such as frost action, precipitation and growing Formatted: Indent: Left: 1.19" Formatted: Font: 12 pt Formatted: Left, Indent: Left: 1.19", Line spacing: single Formatted: Font: 12 pt Formatted: Indent: Left: 1.19" Formatted: Font: 12 pt Formatted: Left, Indent: Left: 1.19", Line spacing: single Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Indent: Left: 1.19" Formatted: Font: 12 pt Formatted: Left, Indent: Left: 1.19", Line spacing: single Formatted: Font: 12 pt Formatted: Indent: Left: 1.19" Formatted: Font: 12 pt Formatted: Left, Indent: Left: 1.19", Line spacing: single Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Left, Indent: Left: 1", Hanging: 0.19", Line spacing: single Formatted: Font: 12 pt Formatted: Font: 12 pt Proposed Amendments to Town of Ithaca Solar Law (Draft 11/22/22) Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: Bold, Underline, Font color: Accent 2 Formatted: Left seasons to occur, from which various monitoring determinations can be made. The monitoring and remediation phase is used to identify any remaining agricultural impacts associated with construction that may be in need of mitigation and to implement the follow -up restoration. The EM shall consolidate each applicable growing season’s ob servation into an annual report during the monitoring period and shall be provided to the Town of Ithaca upon request. [i] General conditions to be monitored shall include topsoil thickness, relative content of rock and large stones, trench settling, crop production, drainage and repair of severed subsurface drain lines, fences, and any other conditions the Planning Board shall deem appropriate. [ii] Topsoil deficiency and trench settling shall be mitigated with imported topsoil that is consistent with the quality of topsoil on the affected site. All excess rocks and large stones are to be removed from the site. [g] Decommissioning. If the use of the solar arrays is discontinued: [i] All aboveground solar array structures shall be removed and all areas previously used for agricultural production shall be restored to conditions accepted by the landowner and, the Tompkins County Soil and Water Conservation District, and the State Department of Agriculture and Markets. [ii] All concrete piers, footers, or other supports shall be removed to a depth of 48 inches below the soil surface. Underground electric lines shall be abandoned in place. Access roads in agricultural areas shall be removed, unless otherwise specified by the landowner. H. Decommissioning. (1) In the event the photovoltaic solar energy system is not completed and functioning within 18 months of the issuance of the initial building permit, the Town may notify the operator and/or owner to complete construction and installation of the facility within 180 days of the date of notification. If the owner and/or operator fails to perform, the Town may notify the owner and/or operator to implement the decommissioning plan. (2) If a photovoltaic solar energy system ceases to perform its originally intended function for more than 12 consecutive months, the owner and/or operator shall implement the decommissioning plan, to include, but not be limited to: (a) Removal of above-ground and below-ground equipment, structures and foundations.(b) Restoration of the surface grade and soil after Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Left, Indent: Left: 1.19", Line spacing: single Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Left, Indent: Left: 1.19", Line spacing: single Formatted: Font: 12 pt Formatted: Default Paragraph Font, Font: 11 pt, Font color: Auto Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Left, Indent: First line: 0.88", Line spacing: single Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Left, Indent: Left: 1.13", Line spacing: single Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font color: Black Formatted: Left, Indent: Left: 0.38", Hanging: 0.25", No bullets or numbering Proposed Amendments to Town of Ithaca Solar Law (Draft 11/22/22) Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: Bold, Underline, Font color: Accent 2 Formatted: Left removal of equipment.(c) Revegetation of restored soil areas with native seed mixes, excluding any invasive species. (3) If the owner and/or operator fail to fully implement the decommissioning plan within 180 days, then in addition to other remedies provided by this section or chapter, by New York Town Law § 268, or by law or equity, the Town may utilize the following procedure to remove a photovolt aic solar energy system and/or implement a decommissioning plan: (a) The Code Enforcement Officer may order removal of such photovoltaic solar energy system and/or implementation of the decommissioning plan by written notice to the owner or person, company or other entity having control of the system, or to the owner of the lot on which such system is located. The notice shall set forth a deadline by which such removal and/or plan implementation must be completed. Said notice shall further advise that, should the violator fail to so act within the established deadline, the removal and/or plan implementation may be performed by a designated governmental agency or a contractor, with the expense thereof to be charged to the violator and/or to become a lien against the premises. (b) If the photovoltaic solar energy system is not removed and/or the actions in the decommissioning plan are not completed within the period set forth in the Town's notice or Town Board's decision after any appeal thereof pursuant to Subsection G(2)(c)[5][c][iv] below, the Town may enter the premises to remove the system, cause the removal to be performed, and/or implement the decommissioning plan. The Town's entry onto such premises shall be pursuant to an agreement between the Town and landowner. If no agreement exists or can be obtained in a timely manner, the Town may seek a warrant from a court of competent jurisdiction for access to the premises and/or may seek a court order requiring or authorizing all actions reasonably necessary to remove the system and/or implement the decommissioning plan, with the costs of such actions the sole responsibility of the violator. Committee recommended maintaining the remaining provisions given that financial surety “may” be required. (c) In the absence of a financial surety….The Town shall present the landowner with a bill for all costs and expenses incurred by the Town in connection with the photovoltaic solar energy system removal and/or decommissioning plan implementation. If the landowner shall fail to pay such costs and expenses within 15 days after the demand for same, or within 30 days of the final decision on any administrative or judicial contest the landowner may pursue, then such unpaid costs, expenses and interest (at the statutory interest rate for money judgments in New York State courts) incurred from the date of the system removal and/or completion of the decommissioning plan shall constitute a lien upon the land on which such removal was undertaken. A legal action or proceeding may be brought to collect such costs, expenses, interest, and recoverable attorney's fees, or to foreclose such lien. As an alternative to the maintenance of any such action, the Town may file a certificate with the Tompkins County Department of Assessment stating the costs and expenses incurred and interest accruing as aforesaid, Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Font: Italic Proposed Amendments to Town of Ithaca Solar Law (Draft 11/22/22) Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: Bold, Underline, Font color: Accent 2 Formatted: Left together with a statement identifying the property and landowner. The Tompkins County Department of Assessment shall, in the preparation of the next assessment roll, assess such unpaid costs, expenses and interest upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. (d) Appeals of notices and Town bills. Any person receiving a notice to remove a photovoltaic solar energy system and/or implement a decommissioning plan, or a bill for Town costs and expenses, may appeal to the Town Board by, within 15 days of receipt of such notice or bill, delivering to the Town Clerk at the Town offices an appeal requesting a reconsideration and administrative hearing before the Town Board. Such appeal shall state the basis for the request for reconsid eration and shall be accompanied by any supporting materials. Failure to serve such an appeal within 15 days shall be deemed a waiver of any claim or defense that the notice or bill is not justified, and the violator shall comply with the requirements of the notice or pay the bill. If the appeal is timely filed, the Town Board shall, within 40 days of the filing, hold a hearing and, based upon any relevant materials presented by the Town and the appellant, shall issue a resolution deciding the appeal within 30 days after the hearing. Such resolution shall be filed with the Town Clerk, who shall arrange for delivery of a copy of the decision to the appellant within five days after such filing, at the address for such person designated in the appeal or at such other address as the appellant may thereafter designate in writing to the Town Clerk. The Town Board's decision after the hearing shall constitute a final agency action. New Definitions to add to §270-5 Zoning Chapter: Agrivoltaic: also know as dual-use solar, is the simultaneous use of land for both solar voltaic power generation and crop or livestock farming. Battery Energy Storage System – A rechargeable or other energy storage system consisting of electrochemical or other types of storage or cyclable batteries, battery chargers, controls, power conditioning systems and associated electrical equipment designed to provide electrical power to a building or other structure or facility. Practicable – Capable of satisfying the overall project purposes, after taking into consideration cost, time, technology and logistics. Mature Woods -- is any unimproved land in excess of one (1) acre with trees that are predominantly six (6) inches diameter at breast height (dbh) or more. Amend Definition in §270-5 Zoning Chapter Existing Definition in 270-5: SOLAR FACILITY FOOTPRINT The maximum occupied surface area taken up by the rows of solar panels and the space between Formatted: Indent: Left: 0" Formatted: Font: (Default) Times New Roman, 12 pt, Highlight Formatted: Space Before: 0 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt, Bold Formatted: Font: (Default) Times New Roman, 12 pt Commented [CR6]: To add? Commented [CR7]: To add? Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt, Bold Formatted: Font: (Default) Times New Roman, 12 pt, Bold Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Space Before: 0 pt Formatted: Font: (Default) Times New Roman, 12 pt, Highlight Proposed Amendments to Town of Ithaca Solar Law (Draft 11/22/22) Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: Bold, Underline, Font color: Accent 2 Formatted: Left the rows. Proposed Amendment: SOLAR FACILITY FOOTPRINT The maximum occupied surface area taken up by the rows of solar panels and the space between the rows, except the maximum occupied surface area for a Small Scale Solar Facility does not include the rows between the solar panels. Amend §270-223 Fences Add an exception for fence heights associated with battery energy storage equipment for solar facilities. Chain link, barbed, razor, and concertina wires, electrically charged wire, railroad ties, concrete masonry units, scrap metal, tarped, and cloth fences and accessory parts are not permitted as fencing. Formatted: Space Before: 0 pt Formatted: Font: (Default) Times New Roman, 12 pt, Highlight Formatted: Highlight Formatted: Font: (Default) Times New Roman, 12 pt Commented [CR8]: To include?