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HomeMy WebLinkAbout2018 - Current - Ordinances, Local Laws & Code BookLOCAL LAWS - TOWN OF CORTLANDVILLE LOCAL LAW NO. 1 OF 2018 PAGE 1 AMENDING THE ZONING LAW AND MAP OF THE TOWN OF CORTLANDVILLE FOR A ZONE CHANGE FOR PROPERTY LOCATED OFF OF WEAVER ROAD SUBMITTED BY EMMANUEL POTHOS TAX MAP #87.00-05-11.000 LOCAL LAW NO. 2 OF 2018 PAGE 2 AMENDING THE ZONING LAW OF THE TOWN OF CORTLANDVILLE FOR SOLAR ENERGY SYSTEMS LOCAL LAW NO. 3 OF 2018 PAGE 11 TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW SECTION 3-C LOCAL LAW NO. 1 OF 2019 PAGE 13 AMENDING LOCAL LAW NO. 1 OF 2010, ENTITLED “ENACT VETERANS TAX EXEMPTION PURSUANT TO SECTION 458-B OF THE REAL PROPERTY TAX LAW FOR QUALIFIED RESIDENTS OF THE TOWN OF CORTLANDVILLE LOCAL LAW NO. 2 OF 2019 PAGE 14 AMENDING CHAPTER 178, ARTICLE XVIII “SIGNS”, SECTION 178-112 “PERMITTED SIGNS” OF THE CODE OF THE TOWN OF CORTLANDVILLE LOCAL LAW NO. 1 OF 2020 PAGE 16 AMENDING CHAPTER 178, ARTICLE XVIII “SIGNS”, SECTION 178-112 “PERMITTED SIGNS”, A(4) AND A(5) OF THE ZONING CODE OF THE TOWN OF CORTLANDVILLE LOCAL LAW NO. 2 OF 2020 PAGE 17 AMENDING PART II OF GENERAL LEGISLATION OF THE CODE OF THE TOWN OF CORTLANDVILLE, PART 1, ARTICLE 1, CHAPTER 171 – WATER AND SEWERS LOCAL LAW NO. 3 OF 2020 PAGE 19 “FIREARMS” LOCAL LAW NO. 1 OF 2021 PAGE 22 MORATORIUM OF INSTALLATIONS OF GROUND-MOUNTED LARGE SCALE ENERGY SOLAR SYSTEMS LOCAL LAW NO. 2 OF 2021 PAGE 24 OPT OUT OF ALLOWING CANNABIS RETAIL DISPENSARIES AND ON-SITE CONSUMPTION SITES AS AUTHORIZED UNDER CANNABIS LAW ARTICLE 4 LOCAL LAW NO. 3 OF 2021 PAGE 26 INCREASING THE TERM OF OFFICE FROM TWO YEARS TO FOUR YEARS FOR THE TOWN SUPERVISOR, TOWN CLERK/COLLECTOR AND TOWN HIGHWAY SUPERINTENDENT OF THE TOWN OF CORTLANDVILLE LOCAL LAW NO. 1 OF 2022 PAGE 28 AMEND THE ZONING CODE TO FURTHER SAFEGUARD THE EXISTING WELLHEAD PROTECTION AREAS WITHIN THE TOWN OF CORTLANDVILLE’S AQUIFER PROTECTION DISTRICT AND OTHER RELATED AMENDMENTS LOCAL LAW NO. 2 OF 2022 PAGE 39 ADOPTING THE TOWN OF CORTLANDVILLE’S SOLAR ENERGY SYSTEM PILOT LAW LOCAL LAW NO. 3 OF 2022 PAGE 43 ADOPTING THE TOWN OF CORTLANDVILLE’S BATTERY ENERGY STORAGE SYSTEM LAW LOCAL LAW NO. 4 OF 2022 PAGE 53 AMENDING THE TOWN OF CORTLANDVILLE’S ZONING CODE TO PERMIT SOLAR ENERGY SYSTEMS IN THE TOWN OF CORTLANDVILLE LOCAL LAW NO. 5 OF 2022 PAGE 67 ADOPTING THE TOWN OF CORTLANDVILLE’S VACANT PROPERTY LAW IN THE TOWN OF CORTLANDVILLE LOCAL LAW NO. 6 OF 2022 PAGE 71 ADOPTING THE TOWN OF CORTLANDVILLE’S PARTICIPATION IN MEETINGS VIA VIDEOCONFERENCE IN THE TOWN OF CORTLANDVILLE LOCAL LAW NO. 7 OF 2022 PAGE 73 ADOPTING THE TOWN OF CORTLANDVILLE’S PRIVATE FIRE HYDRANT LAW IN THE TOWN OF CORTLANDVILLE, NEW YORK LOCAL LAW NO. 1 OF 2023 PAGE 77 AMENDING CHAPTER 86 FIRE PREVENTION AND BUILDING CODE ADMINISTRATION LOCAL LAW NO. 2 OF 2023 PAGE 79 AMENDING TOWN OF CORTLANDVILLE’S CHAPTER 1 GENERAL PROVISIONS § 1-7 AMENDMENTS TO CODE LOCAL LAW NO. 3 OF 2023 PAGE 81 AMENDING TOWN OF CORTLANDVILLE’S CHAPTER 178-76 ZONING CONDITIONAL PERMIT ADDITIONAL SPECIFIC REQUIREMENTS • TOWN OF CORTLANDVILLE PAGE 1 TOWN BOARD MEETING OF SEPTEMBER 5, 2018 FILED WITH THE STATE EFFECTIVE SEPTEMBER 17, 2018 RESOLUTION#217 ADOPT LOCAL LAW NO. 1 OF 2018 AMENDING THE ZONING LAW AND MAP OF THE - TOWN OF CORTLANDVILLE FOR A ZONE CHANGE FOR PROPERTY LOCATED OFF OF WEAVER ROAD SUBMITTED BY EMMANUEL POTHOS Motion by Councilman Withey Seconded by Councilman Reynolds VOTES: AYE—Tupper, Testa, Reynolds, Withey NAY—0 ABSENT—Proud ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a Public Hearing to be held by said Board to hear all interested parties on a proposed Local Law amending the Zoning Ordinance and Map of the Town of Cortlandville to rezone one (1) parcel from its present zoning classification AG (Agricultural) to B-3'(Planned Commercial Business), and WHEREAS, a notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland,New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity To speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law it has been determined by the said Town Board that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by their applicable governmental agencies without further regard to SEQRA, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 1 of 2018, a copy of which is attached hereto and made a part hereof, and the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it hereby enacted by the Town Board of the Town of Cortlandville as follows: • Section 1. The Town Board of the Town of Cortlandville having received a request from Emmanuel Pothos to consider the rezoning of one (1) parcel in the Town of Cortlandville from its present zoning classification, AG (Agricultural) district to be reclassified as B-3 (Planned Commercial Business) district, and the Town Board having considered the request and its f environmental impact and having conducted a Public Hearing; Section 2. The following tax map parcel is hereby rezoned from its present zoning classification AG (Agricultural) district to B-3 (Planned Commercial Business)district: 87.00-05-11.000—2.82 acres Section 3. This Local Law shall become effective when filed with the Secretary of State of the State of New York, as required by law. - TOWN OF CORTLANDVILLE PAGE 2 SPECIAL TOWN BOARD MEETING OF OCTOBER 30, 2018 FILED WITH THE STATE EFFECTIVE NOVEMBER 8, 2018 RESOLUTION#258 ADOPT LOCAL LAW NO. 2 OF 2018 AMENDING THE ZONING LAW OF THE TOWN OF CORTLANDVILLE FOR SOLAR ENERGY SYSTEMS Motion by Councilman Proud Seconded by Councilman Testa VOTES: Supervisor Tupper AYE Councilman Testa AYE Councilman Proud - AYE Councilman Reynolds AYE Councilman Withey AYE ADOPTED WHEREAS, on or about August 1, 2018, the Town Board of the Town of Cortlandville (the "Town Board") introduced a proposed solar law, and WHEREAS, the Town Board referred the proposed solar law to the County Planning Board, pursuant to GML §239-m, and WHEREAS, the County Planning Board provided comments on the proposed solar law, which were incorporated into this version of the Solar Law, and WHEREAS, on September 19, 2018 the Town Board re-introduced the revised Solar Law (the "Solar Law"), and WHEREAS, the Town Board adopted Resolution 223 on September 19, 2018, which classified the Solar Law as a Type I Action under the New York State Environmental Quality Review Act ("SEQRA"), and 111 WHEREAS, The Town Board prepared a Full Environmental Assessment Form, and WHEREAS, The Town Board issued a Negative Declaration of Environmental Significance (a "Neg Dec") and passed a resolution adopting said Neg Dec, and WHEREAS, The Town Board has satisfied its obligation under the New York State Environmental Quality Review Act("SEQRA"), and WHEREAS, a final version of the proposed Solar Law was placed on the desks of all Town Board members at least eight days before prior to this date, NOW, THEREFORE, it is resolved that the Town Board hereby approves and adopts the Solar Law AND THEREFORE, the Town Board hereby directs the Town Clerk to file the Solar Law with the New York State Secretary of State in Albany within five days. This must be done on the appropriate forms provided by the Secretary of State and in accordance with Municipal Home Rule Law §27. These must be completed in accordance with the Department of State's instructions (rules for filing-local laws). When the form is complete, the Town Attorney is directed to certify it on the final page. One original copy_must be mailed to the Secretary of State, Records and Law Bureau, Department of State,'which is located in Albany, New York. After filing is complete, the Town will receive a post card from the Secretary of State verifying that the law was filed, which the Town Clerk is directed to file in the Town Clerk's office as proof of filing. AND THEREFORE, the Town Board hereby directs the Town Clerk,to publish the Solar Law, or a summary or abstract of the Solar Law, in a newspaper published in the Town, if any, or in a County newspaper having circulation in the Town. AND THEREFORE, the Town Board hereby directs the Town Clerk to enter this resolution and the attached Solar Law in the minutes of this meeting. PAGE 3 Town of Cortlandville Ordinance No. XIX 178.123.3 Adopted October 30, 2018 • An Ordinance to amend the Zoning Ordinance of Cortlandville by modifying Article I/Section 178.2- Definitions, adding definitions for solar photovoltaic systems and by amending Article XIX/Section 178.123.3- Supplemental Regulations and Exceptions, Solar Energy Systems, incorporating new sections to permit certain solar energy systems as accessory uses in any zoning district and by revising Article XIV/Section 178.73-77- Conditional Permit, adding provisions for the permitting of certain solar photovoltaic systems. This Zoning for Solar Energy Law is adopted pursuant to sections 261-264 of York Town Law, of the State of New York, which authorize the Town of Cortlandville to adopt zoning provisions that advance and protect the health, safety, and welfare of the community. BE IT HEREBY ENACTED AND ORDAINED by the Town Board of Town of Cortlandville, Cortland County,New York, that the Town of Cortlandville Zoning Ordinance shall be amended in the following respects: A. Intent This section regulates and promote the safe, effective and efficient use of installed solar energy systems in order to encourage the renewable energy systems and a sustainable life style, while protecting the health, safety and welfare and minimize the adverse impact on the adjacent and surrounding neighboring properties. B. Definitions Array:.Any number of electrically connected photovoltaic (PV) modules providing a single electrical output. Building-Integrated System: A solar photovoltaic system that is constructed as an integral part of a principal or accessory building or structure and where the building-integrated system features maintain a uniform profile or surface of vertical walls, window openings, and roofing. Such a system is used in lieu of a separate mechanical device, replacing or substituting for an architectural or structural component of the building or structure that appends or interrupts the uniform surfaces of walls, window openings and roofing. A building-integrated system may occur within vertical facades, replacing view glass, spandrel glass or other façade material; into semitransparent skylight systems; into roofing systems, replacing traditional roofing materials; or other building or structure envelope systems. Building-Mounted System: A solar photovoltaic system attached to any part or type of roof on a building or structure that has an occupancy permit on file with the Town of Cortlandville and that is either the principal structure or an accessory structure on a recorded lot. This system also includes any solar-based architectural elements. Drip line: The outermost edge of a roof including eaves, overhangs and gutters. Farmland of Local Importance: A land that has been identified by the local agency or agencies as farmlands for the production of food, feed, fiber, forage, and oilseed crops, even though these lands are not identified as having national or statewide importance. Farmlands of local importance may include tracts of land that have been designated for agriculture by local ordinance. Farmland of Statewide Importance: A land, in addition to prime and unique farmlands, that is of statewide importance for the production of food, feed, fiber, forage, and oil seed crops as determined by the appropriate state agency or agencies. Farmlands of statewide importance may include tracts of land that have been designated for agriculture by state law. Ground-Mounted System: A solar photovoltaic system mounted on a structure, pole or series of poles constructed specifically to support the photovoltaic system and not attached to any other structure, and the primary purpose of producing electricity or thermal energy for onsite or offsite use. PAGE 4 Interconnection: The technical and practical link between the solar generator and the grid providing,electricity to the greater community. Kilowatt (kW): A unit of electrical power equal to 1,000 Watts, which constitutes the basic unit of electrical demand. A watt is a metric measurement of power (not energy) and is the rate(not the duration) at which electricity is used. 1,000 kW is equal to 1 megawatt(MW). Large Solar Energy System: A Solar Energy System that is primarily for the purpose of onsite or offsite sale or electricity consumption, and is larger than three thousand (3,000) square feet in area of solar collectors (measuring the equipment surface area) per lot. This system may be ground-mounted or building-mounted. Module: A module is the smallest protected assembly of interconnected PV cells. Net Metering Agreement: An agreement with a local electric utility that allows customers to receive a credit for surplus electricity generated by certain renewable energy systems. Prime farmland: A land designated by the U.S. Department of Agriculture'as land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is also available for these land uses. Qualified Solar Installer: A person who has skills and knowledge related to the construction and " operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy. Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition.. Remote Net Metering: Allows solar photovoltaic owner generators to apply excess generation credits from the generator system ("Host Account") to other meters on property that is owned or leased by the same customer and are within the same load zone as the generator("Satellites"). Rooftop or Building Mounted System: A solar power system in which solar panels are mounted on top of the structure of a roof either as a flush-mounted system or as modules fixed to frames which can be tilted toward the south at an optimal angle. Small Solar Energy System: A solar photovoltaic energy systems up to and including 3000SF (measuring the equipment surface area) and the principal purpose of which is to provide electrical power to be consumed on site or to provide power to be shared with other power customers (which'may include both physical and virtual-aggregation). Solar-based Architectural Element: Structural/architectural element that provides protection from weather that includes awnings, canopies, porches or sunshades and that is constructed with the primary covering consisting of solar PV modules, and may or may not include additional solar PV related equipment Solar Photovoltaic (PV) Related Equipment: Items including a solar photovoltaic cell, panel or array, lines, mounting brackets, framing and foundations used for or intended to be used for collection of solar energy. Solar collector: A photovoltaic cell, panel or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat. Solar Easement: A document recorded pursuant to NYS Real Property Law 335-b, the purpose of which is to secure the right to receive sunlight across real property of another for continued access to sunlight necessary to operate a Solar Energy System. Solar Energy Applicant: Any person, firm, corporation or any other entity submitting an application to the Town of Cortlandville for a Solar Energy System. Solar Energy Equipment: Solar collectors, controls, inverters, energy storage devices, and other materials and hardware, associated with the production of electrical or thermal energy from solar radiation. PAGE 5 Solar Energy System: An electrical or thermal energy generating system composed of Solar Collectors, Solar Thermal Systems, and/or Solar Energy Equipment. Solar Panel: A photovoltaic device capable of collecting and converting solar energy into electrical energy. Solar Thermal System: A system in which water or other liquid is directly heated by the sunlight. The heated liquid is then used for purposes such as space heating and cooling, domestic hot water and the heating of swimming pools. Tracking System: A number of photovoltaic modules mounted such that they track the movement of the sun across the sky to maximize energy production, either with a single-` axis or dual-axis mechanism. C. Applicability 1. This Ordinance applies to all building-mounted and ground-mounted systems installed and constructed after the effective date of the Ordinance. 2. Solar Energy systems constructed prior to the effective date of this Ordinance are not required to meet the requirements of this Ordinance. 3. Any upgrade, modification or structural change that alters the size or placement of an existing solar energy system shall comply with the provisions of this Ordinance. 4. The installation of any Solar Energy System does not carry with it a right to a clear line of sight to the sun. It shall be the responsibility of the Applicant, installer, or developer to gain any and all solar easements or agreements to maintain a line of sight to the sun if necessary. 5. The substantive requirements and standards for Large Solar Energy Systems set forth in this Ordinance are intended to apply to all projects with more than three thousand(3,000) square feet in area of solar collectors, including large projects subject to the siting authority of the New York State Board on Electric Siting and the Environment pursuant to Article 10 of the New York State Public Service Law. D. Permitted Locations No solar energy system or device shall be installed or operated in the Town of Cortlandville except in compliance with this article. 1. Building-Mounted Solar Energy Systems a. Building-Mounted Solar Energy Systems (large or small scale) are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure. b. Height. Solar Energy Systems shall not exceed the maximum height restrictions of the Zoning district within which they are located and are provided the same height exemptions that apply to building-mounted mechanical devices or equipment. c. All Building-Mounted Solar Energy Systems shall be exempt from the requirement • for a Conditional Permit, unless such Building- Mounted system increases the overall height of the structure by six (6) feet or more. d. All owners of Building-Mounted Solar Energy Systems must file a building permit application with the Building Department, and obtain a valid building permit, prior to starting their installation. 2. Ground-Mounted Small -Scale Solar Energy Systems a. Ground-Mounted Small-Scale Solar Energy Systems shall not be located in the following areas, unless otherwise approved by the Planning Board in conjunction with a Conditional Permit provided in Article XIV/Section 178.73-77. PAGE 6 i. Prime farmland soils as identified by the United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) or alternative available resource. ii. Areas of potential environmental sensitivity, such as Unique Natural Areas as designated by the Cortland County Soil and Water Conservation District, flood plains, historic, sites, airports, state-owned lands, conservation easements, trails, parkland, prime soils, and wetlands as identified by Cortland County Planning Department mapping services, the New York State Department of Environmental Conservation, or the United States Army Corps of Engineers iii. Development is prohibited on slopes of greater than fifteen percent (15%) unless the Solar Energy Applicant can demonstrate through engineering studies and to the satisfaction of the Town that the proposed development will cause no adverse environmental impact that will not be satisfactorily mitigated. iv. Placement within the front yards of residential lots, if any above-ground portion of the system is within 100 feet of a Public Highway right-of-way. b. Ground-Mounted Small-Scale Solar Energy Systems are permitted as principal and accessory structures in all zoning districts and shall adhere to the following: i. Lot Coverage. The horizontal surface area covered by ground-mounted solar collectors shall be included in total lot coverage and when combined with the coverage of other structures, the total area shall not exceed the maximum lot coverage as permitted in the underlying zoning district. c. Except as provided in subsection 2.a above, Ground-Mounted Small-Scale Solar Energy Systems shall be exempt from the requirement for a Conditional Permit. 3. Ground-Mounted Large-Scale Solar Energy Systems; a. Ground-Mounted Large-Scale Solar Energy Systems are permitted as principal and accessory uses through the issuance of a Conditional Permit within Agricultureand Industrial Zoning Districts, subject to the requirements set forth in this section. i. Ground-Mounted Large-Scale Solar Energy Systems that produce electricity or thermal energy primarily for active farming or agricultural uses, where the generation is less than one hundred and ten percent (110%) of the farm use, shall be exempt from the requirement to obtain a Conditional Permit. b. Ground-Mounted Large-Scale Solar Energy Systems shall not be located in the following areas unless otherwise approved by the Town Planning Board in conjunction with the Conditional Permit approval process. i. Prime farmland soils as identified by the USDA-NRCS or alternative available resource. ii. Areas of potential environmental sensitivity, including Unique Natural Areas, flood plains, historic sites, state-owned lands, conservation easements, trails, parkland, prime soils, and wetlands as identified by Cortland County Planning Department mapping services, the New York State Department of Environmental Conservation, or the United States Army Corps of Engineers. iii. On slopes of greater than fifteen percent (15%), unless the Solar Energy Applicant can demonstrate through engineering studies and to the satisfaction • of the Town that the proposed development will cause no adverse environmental impact that will not be satisfactorily mitigated. c. No Conditional Permit or renewal thereof or amendment of a current Conditional Permit relating to a Ground-Mounted Large-Scale Solar Energy System shall be granted by the Town Planning Board unless the Solar Energy Applicant demonstrates that such Ground-Mounted Large-Scale Solar Energy System: PAGE 7 i. Conforms to all federal and state laws and -all applicable rules and regulations promulgated by any federal or state agencies having jurisdiction. ii. Is designed and constructed in a manner which minimizes visual impact to the extent practical. iii. Complies with all other requirements of the Town of Cortlandville Zoning Law. iv. Conforms to all adopted plans of the Town of Cortlandville. v. Complies with a fifty-foot (50) front yard, rear yard, and side yard setback. vi. Does not exceed twenty (20) feet in height. vii. Has a solar collector surface area (as measured in the horizontal plane) that, when combined with the coverage of other structures on the lot, does not exceed twice the maximum lot coverage as permitted in the underlying zoning district. E. Conditional Use Design and Installation Standards 1. Appearance and Buffering: a. The Ground-Mounted Large-Scale Solar Energy System shall have the least visual effect practical on the environment, as determined by the Town Planning Board. 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 screening should minimize the shading of solar collectors. b. Any exterior lighting installed shall have the least visual effect practical on the contiguous properties and shall be approved by the Town Planning Board. c. The Town Planning Board may require additional information, such as line-of- sight drawings, detailed. elevation maps, visual simulations, before and after renderings, and alternate designs to more clearly identify adverse impacts for the purpose of their mitigation. d. Equipment and vehicles not used in direct support, renovations, additions or repair of any Ground-Mounted Large-Scale Solar Energy System shall not be stored or parked on the facility site. 2. Access and Parking: a. Ground-Mounted Large-Scale Solar Energy Systems shall be enclosed by fencing to prevent unauthorized access. Warning signs with the owner's name and emergency contact information shall be placed on any access point to the system and on the,perimeter of the fencing. The fencing and the system shall be further screened by any landscaping or decorative fencing needed to avoid adverse aesthetic impacts as approved by the Town Planning Board. b. Motion-activated or staff-activated security lighting around the equipment area of a Ground-Mounted Large-Scale Solar Energy System or accessory structure entrance may be installed provided that such lighting does not project off the site. Such lighting should only be activated when the area within the fenced perimeters has been entered. c. A locked gate at the intersection of the access way and a public road may be required to obstruct entry by unauthorized vehicles. Such gate must be located entirely upon the lot and not on the public right-of-way. 3. Engineering and Maintenance: PAGE 8 a. Every Solar Energy System shall be built, operated and maintained to acceptable industry standards, including but not limited to the most recent, applicable standards of the Institute of Electric and Electronic Engineers ("IEEE") and the American National Standards Institute ("ANSI"). b. The Town, at the expense of the Solar Energy Applicant, may-employ its own consultant(s) to examine the application and related documentation and make recommendations as to whether,the criteria for granting the Conditional Permit have been met, including whether the 'Applicant's conclusions regarding safety analysis, visual analysis, structural inspection, and storm water management aspects are valid and supported by generally accepted and reliable engineering and technical data and standards. F. Special Provision • The Town Planning Board may impose conditions on its approval of any Conditional Permit under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act(SEQRA). G. Height and Setback Restrictions 1. Building-mounted systems shall not exceed height limitations of the zoning district: a. System installed on a pitched roof that faces the front yard of a property, the system must be installed at the same angle,as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of eighteen (18) inches between the roof and edge or surface of the system. b. System installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached. c. System installed on a flat roof, the highest point of the system shall be permitted to extend up to six(6) feet above the roof to which it is attached. 2. Ground-mounted systems may not exceed the permitted height of accessory structures in the zoning district where the solar energy system is to be installed or 20 feet from the ground, whichever is less. 3. Setback for Ground-mounted Systems as a primary use or accessory use are subject to setback requirements in the zoning district in which the system is to be constructed. a. The required setbacks are measured from the Property line to the nearest part of the system. No part of the ground-mounted system shall extend into the required setbacks due to a tracking system or other adjustment of solar energy related equipment or parts. H. Non-conformance 1. Building-mounted systems: a. If a building-mounted system is to be installed on any building or structure that is non-conforming`because its height violates the height restrictions of the zoning district in which it is located, the,building-mounted system shall be permitted, so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the other provisions of this Ordinance. b. If a building-mounted system is to be installed on a building or structure on a non- conforming,property that does not meet the minimum setbacks required and/or exceeds the lot coverage limits for the zoning district in which it is located, a building-mounted system shall be permitted, so long as there is no expansion of any setback or lot coverage non-conformity and so long as it complies with the other provisions of this Ordinance. 2. Ground-mounted systems: PAGE 9 a. If a ground-mounted system is to be installed on a property containing a structure that is non-conforming because the required minimum setbacks are exceeded, the proposed system shall be permitted so long as the system does not encroach into the established setback for the property. b. If a ground-mounted system is to be installed on a property that is non- conforming because it violates zoning district requirements other than setbacks, then a Conditional Permit must be obtained for the proposed installation. I. Signage and/or Graphic Content 1. No signage or graphic content may be displayed on the solar PV system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than thirty-six (36) square inches in size. 2. Disconnect and other emergency shutoff information will be clearly displayed on a light reflective surface. 3. 24 hour emergency contact information will be clearly displayed. 4. Systems and sites may not be used for displaying advertising except for reasonable identification of the owner/operator and shall comply with all signage restrictions. J. Right of Inspection 1. In order to verify that the Solar Energy System's owners and any and all lessees, renters and/or operators-of the Solar Energy System place, construct, modify and maintain such Systems, including solar collectors and solar inverters, in accordance with all applicable technical, safety, fire, building and zoning codes, laws, ordinances and regulations and other applicable requirements, the Town may inspect all facets of said System's placement, construction,modification and maintenance. 2. Any inspections required by the Town of Cortlandville Building Department that are beyond its scope or ability shall be at the expense of the Solar Energy Applicant. K. Abandonment and Decommissioning 1. At the time of submittal of the application for a Conditional Permit for a Ground- Mounted Large-Scale Solar Energy System, the Solar Energy Applicant shall submit and agree to the performance of a decommissioning plan that includes the removal of the Solar Energy System and all associated equipment, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, and gates. If such System becomes technologically obsolete or ceases to perform its originally intended function for more than six (6) consecutive months, the Town may require its removal in accordance with the decommissioning plan. The Town shall provide the Solar Energy System Owner thirty (30) days prior written notice of a request for decommissioning. Upon removal of a Ground-Mounted Large-Scale Solar Energy System, the land shall be restored to its previous condition, including but not limited to the seeding and sodding, as appropriate depending upon the season of the work, of exposed soils. 2. At the time of obtaining a building permit, the Solar Energy Applicant may be required to I provide a financial security bond or other form of financial security acceptable to the Town for removal of the Ground-Mounted Large-Scale Solar Energy System and property restoration, with the Town of Cortlandville as the obligee, in an amount approved, by the Town Board (the amount to restore the site to its pre-construction or negotiated condition). Upon any amendment of the Conditional Permit; the Town Board may adjust the required amount of the financial security bond, to adequately cover increases in the cost of removal of the Ground-Mounted Large-Scale Solar Energy System and property restoration. If the Ground-Mounted Large-Scale Solar Energy System is not decommissioned after being considered abandoned,the Town may remove the system and restore the property and impose a lien on the property to recover these costs to the Town. r PAGE 10 3. All other Solar Energy Systems shall be considered abandoned after 6 consecutive months without electrical energy or thermal energy generation and must be removed from the property. The Town Board may consider and grant, for good cause shown, an application for one extension not exceeding 24 months for Solar Energy Systems other than-Ground-Mounted Large-Scale Solar Energy Systems." L. Permit Requirements 1. Before any construction or installation on any solar PV system shall commence, a building permit issued by town of Cortlandville shall be obtained to document compliance with this Ordinance. -The end of ordinance- TOWN OF CORTLANDVILLE PAGE 11 TOWN BOARD MEETING OF NOVEMBER 7, 2018 FILED WITH THE STATE EFFECTIVE NOVEMBER 15, 2018 RESOLUTION#260 ADOPT LOCAL LAW NO. 3 OF 2018 TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW SECTION 3-C Motion by Councilman Proud Seconded by Councilman Testa VOTES: Supervisor Tupper AYE Councilman Testa AYE Councilmen Proud AYE Councilman Reynolds NAY Councilman Withey ABSENT ' ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law enacting a resolution to override the tax levy limit established in General Municipal Law Section 3-c, and WHEREAS, a notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland,New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law,now therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 3 of 2018, enacting a resolution to override the tax levy limit established in General Municipal Law Section 3-c, a copy of which is attached hereto and made part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows:. Section 1. Legislative Intent. It is the intent of this Local Law to override the limit on the amount of real property taxes that may be levied by the Town of Cortlandville, County of Cortland pursuant to General Municipal • Law Section 3-c, to allow the Town of Cortlandville, County of^Cortland to adopt a town budget for (a) town purposes and (b) any other special or improvement district governed by,the Town " Board for the fiscal year 2019 that requires a real property tax levy in excess of the "tax levy , limit" as defined by General Municipal Law Section 3-c. Section 2. Authority. I , This Local Law is adopted pursuant to subdivision 5 of General Municipal Law Section 3-c, which expressly authorizes the town Board to override the tax levy limit by the adoption of a Local Law approved by vote of sixty percent(60%) of the Town Board. Section 3. Tax Levy Limit Override. The Town Board of the Town of Cortlandville, County,of Cortland is hereby authorized to adopt a budget for the fiscal year 2019 that requires a real property tax levy, in excess if the limit specified in General Municipal Law Section 3-c. PAGE 12 Section 4. Severability. • If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its,operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgement or order shall be rendered. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. TOWN OF CORTLANDVILLE PAGE 13 TOWN BOARD MEETING OF FEBRUARY 6, 2019 FILED WITH THE STATE EFFECTIVE FEBRUARY 20, 2019 RESOLUTION#44 ADOPT LOCAL LAW NO. 1 OF 2019 AMENDING. LOCAL LAW NO. 1 OF 2010, ENTITLED "ENACT A VETERANS TAX EXEMPTION PURSUANT TO SECTION 458-B OF THE REAL PROPERTY TAX LAW FOR QUALIFIED RESIDENTS OF THE TOWN OF CORTLANDVILLE" Motion by Councilman Proud Seconded by Councilman Testa VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman Proud Aye Councilman Ross Aye Councilman Withey Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law amending Local Law No. 1 of 2010, entitled"Enact a Veterans Tax Exemption Pursuant to Section 458-b of the Real Property Tax Law for Qualified Residents of the Town of Cortlandville", and WHEREAS,notice of said public hearing was duly published in the Cortland Standard,the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road,Cortland,New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local. Law, or any part , thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 1 of 2019,"amending Local Law No. 1 of 2010 in manner following, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1: Section 2 of Local Law No. 1 of 2010 is amended by adding a subparagraph thereto as follows: 2a. Pursuant to subsection 2(a)(iii) of Section 458-b of the NYS Real Property Tax Law, the exemption heretofore authorized shall apply to qualifying owners of qualifying real property for as long as they remain qualifying owners, without regard to any ten year limitation. Section 2: This Local Law shall take effect immediately upon its filing with the Secretary of State and shall be applicable to all assessment rolls prepared pursuant to the first taxable status date occurring on or after the effective date of this local law. TOWN OF CORTLANDVILLE PAGE 14 TOWN BOARD MEETING OF OCTOBER 2, 2019 FILED WITH THE STATE EFFECTIVE OCTOBER 11,2019 RESOLUTION#224 r ADOPT LOCAL LAW.NO. 2 OF 2019 AMENDING CHAPTER 178, ARTICLE XVIII "SIGNS", SECTION 178-112 "PERMITTED SIGNS", OF THE ZONING CODE OF THE TOWN OF CORTLANDVILLE Motion by Councilman Ross Seconded by Councilman Withey VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman Proud Aye Councilman Ross Aye Councilman Withey Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing-to be held by said Board to hear all interested parties on a proposed Local Law amending Chapter 178, Article XVIII, Section 178-112 of the Code of the Town of Cortlandville, and WHEREAS,notice of said public hearing was duly published in the Cortland Standard,the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland,New York,as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, fmds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 2 of 2019, amending Chapter 178, Article XVIII "Signs", Section 178- 112 "Permitted Signs", of the Code of the Town of Cortlandville, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1: Amend Chapter 178, Article XVIII, Section 178-112 of the Cortlandville Town Code in the following manner: For permitted signs, allow illuminated signs on properties which are classified as: 1. Business uses for freestanding signs 2. Professional offices 3. Recreational and social activities 4. Religious institutions Section 2: Add a notation that all building mounted signs used for a business or activity may be illuminated two (2) hours before opening until two (2)hours after closing. Section 3: Table 1, entitled "Permitted Sign Requirements", shall be amended and replaced in accordance with the modifications set forth herein. PAGE 15 Section 4: This Local Law shall become effective when filed with the Secretary of State of the State of New York, as required by law. TOWN OF CORTLANDVILLE PAGE 16 TOWN BOARD MEETING OF MARCH 4, 2020 FILED WITH THE STATE EFFECTIVE MARCH 13, 2020 RESOLUTION#76 ADOPT LOCAL LAW NO. 1 OF 2020 AMENDING CHAPTER 178, ARTICLE XVIII "SIGNS", SECTION 178-112 "PERMITTED SIGNS", A(4)AND A(5) OF THE ZONING CODE OF THE TOWN OF CORTLANDVILLE Motion by Councilman Guido 111 Seconded by Councilman Withey VOTES: Supervisor Williams Aye Councilman Cobb Aye Councilman Guido Aye Councilman Testa Aye Councilman Withey Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law amending Chapter 178, Article XVIII, Section 178-112 A(4) and A(5) of the Code of the Town of Cortlandville,and WHEREAS,notice of said public hearing was duly published in the Cortland Standard,the official newspaper of the said Town, and posted at the.Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland,New York, as required by law,and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 1 of 2020, amending Chapter 178, Article XVIII "Signs", Section 178- 112 "Permitted Signs", A(4) and A(5), of the Code of the Town of Cortlandville, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to<enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice`of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1: Amend Chapter, 178, Article XVIII, Section 178-112 A(4) and A(5) of the Zoning Code of the Town of Cortlandville by adding a sentence to each of the subsections as follows: For purposes of this section, "election" shall mean the earliest date by which a vote total can be tabulated exclusive of absentee ballots. Section 2: This Local Law shall become effective when filed with the Secretary of State of the State of New York, as required by law. TOWN OF CORTLANDVILLE PAGE 17 TOWN BOARD MEETING OF AUGUST 5, 2020 FILED WITH THE STATE EFFECTIVE AUGUST 28, 2020 RESOLUTION#187 ADOPT LOCAL LAW NO. 2 OF 2020 AMENDING PART II OF GENERAL LEGISLATION OF THE CODE OF THE TOWN OF CORTLANDVILLE,PART 1,ARTICLE 1, CHAPTER 171 — WATER AND SEWERS Motion by Councilman Withey Seconded by Councilman Guido VOTES: Supervisor Williams Aye Councilman Cobb Aye Councilman Guido Aye Councilman Testa Aye Councilman Withey Nay ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law amending Part II of General Legislation of the Code of the Town of Cortlandville,Part 1,Article 1, Chapter 171—Water and Sewers, and • WHEREAS,notice of said public hearing was duly published in the Cortland Standard,the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland,New York,as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE,the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 2 of 2020, amending Part II of General Legislation of the Code of the Town of Cortlandville, Part 1, Article 1, Chapter 171 — Water and Sewers, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: A.Add 3 subsections (E,F and G) to §171-2; Applications and Permits 1. All water project plans need to be reviewed and approved by the Cortland County Health Department before any type of installation of any water project can be started. 2. All water project plans must to be reviewed and approved by the Water/Sewer Superintendent or his designee prior to any installation work. 3. No permit will be issued to any person or persons who are indebted to the Town of Cortlandville. B.Add a subsection (E)(3)(a) to §171-4; Services - Any copper service line up to 1" in diameter and is over 200' in length or any plastic service line with a connection between the Curb stop and the first shut off, requires a meter pit at the right of way or at a location approved by the Department head or his designee. Any service line greater than 1" shall be 4" D.I. pipe (Refer to section 171-13 B.0 and D for installation and testing procedure). PAGE 18 C. Add a subsection 4(E)(5) to §171-4; Services - Only one connection shall be allowed between the curb box and the first shutoff inside the building and there shall be no connections between the corporation and the curb box D. Add a subsection 4(E)(6)to §171-4; Services -There shall be no sweat fittings before the first valve within any building. E. Add a subsection I to §171-6; Meters - Any customer wishing to dispute the accuracy of a meter shall complete a customer Dispute Form and file the same with the Town within 30 days from the billing date in question. F.Delete subsections (6)(H)(1) and (6)(H)(2) of§171-6; Meters -these provisions allow for a second meter G.Replace subsections (6)(H)(1) and (6)(H)(2) of§171-6; Meters with new subsection 1 - All bypass lines installed in the Town shall have a meter and a backflow device installed in that line. H. Change subsection A of§171-10; Bills and Payment - Change payable at the "office of the Town Department of Water and Sewer" to "office of the Town Clerk." I. Change subsection D of§171-10; Bills and Payment - Change"Town Water Department"to "office of the Town Clerk." J. Change subsection D of§171-10; Bills and Payment - Change "turned off by an employee of the Town Board" to "turned off by a Town Water/Sewer Department Operator or employee thereof." K. Change subsection E of§171-10; Bills and Payment - Change "making application at the office of the Town Water Department" to."making application at the office of the Town Clerk." L. Add subsection F of§171-12; Hydrants and Valves - Any fire hydrant outside the Town's right of way is considered private and therefore shall be the responsibility of the property owner to test and maintain. M. Add a sentence to subsection E of §171-13; Technical standards and specifications for connecting water systems and mains -All installed brass fittings that come in contact with potable water shall not be composed of lead N. Add subsection I of §171-13; Technical standards and specifications for ,connecting water systems and mains -All water mains, fitting, valves and fire hydrants shall have a minimum cover of 5 feet but not less than 6 inches in diameter. TOWN OF CORTLANDVILLE PAGE 19 TOWN BOARD MEETING OF AUGUST 5, 2020 FILED WITH THE STATE EFFECTIVE AUGUST 28, 2020 RESOLUTION#188 ADOPT LOCAL LAW NO. 3 OF 2020 ENTITLED "FIREARMS" Motion by Councilman Withey Seconded by Councilman Guido VOTES: Supervisor Williams Nay - Councilman,Cobb Aye Councilman Guido Aye Councilman Testa Aye Councilman Withey Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law adding provisions regarding the discharge and possession of firearms to Part II of General Legislation of the Code of the Town of Cortlandville,as Chapter 91 entitled"Firearms",and WHEREAS,notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland,New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law; with an amendment to the definition of "person" to replace "authorized by the Supervisor of the Town of Cortlandville" with "authorized by the Town Board", NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 3 of 2020, adding provisions regarding the discharge and possession of firearms to Part II of General Legislation of the Code of the Town of Cortlandville, as Chapter 91 entitled "Firearms", a,copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: y ARTICLE I: DISCHARGE § 91-1. Discharge restricted: A. No person shall discharge any gun, pistol, revolver or other firearm upon any premises owned or used for any public purpose by the Town of Cortlandville, except with the permission of the Town Board of the Town of Cortlandville. IB. No person shall discharge any gun, pistol, revolver or other firearm upon any premises owned or used by any water district located within the Town of Cortlandville, except with the permission of the Town Board of the Town of Cortlandville. §91-2. Penalties for offenses. ' Any person violating the provisions of this Article shall be guilty of as misdemeanor and, upon ' conviction thereof, shall be punishable by a fine of not exceeding one hundred dollars ($100) or ' imprisonment for not exceeding ten(10) days, or both such fine and imprisonment. • PAGE 20 ARTICLE II: POSSESSION OR DISPLAY IN PUBLIC BUILDINGS § 91-3.Purpose. The Town Board of the Town of Cortlandville, in order to assure the proper protection, health, safety and welfare of persons lawfully in the public buildings of the Town of Cortlandville, and in order to ensure the performance of essential governmental functions by town employees without threat or intimidation to such employees or others, finds it to be in the public interest to prohibit the open display or transport of any weapon in certain public buildings of the Town of Cortlandville. § 91-4. Definitions. When used in this Article, the following words and phrases shall have the meanings herein ascribed to them: OPENLY CARRY OR DISPLAY—The possession or transport by any person of a weapon as hereinafter defined, in such a manner that such weapon is visible to persons in the immediate vicinity except where such possession or transportation is consistent with-an authorized activity or function at the specific town building where such possession occurs. CONCEALED CARRY—The practice of carrying a weapon (such as a handgun) in public in a concealed manner, either on one's person or in close proximity. .PERSON—Any person except a police officer, sheriff or deputy sheriff,New York State police officer or peace officer or any other such person that is authorized by the Town Board. PUBLIC BUILDING—Any and all buildings or properties owned, occupied or operated by the Town of Cortlandville. WEAPON. — Any firearm, electronic dart gun, gravity knife, switchblade knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chuka stick, sandbag, shirken, sandclub, slungshot, dagger, dangerous knife, dirk, bow and arrow and other archery equipment, razor stiletto, imitation pistol or any other dangerous or deadly instrument or weapon. § 91-5. Open display of weapon. No person shall openly carry or display any weapon in any public building owned, occupied or operated by the Town of Cortlandville. § 91-6. Concealed Carry of weapon. No person shall concealed carry any weapon in any public building owned, occupied or operated by the Town of Cortlandville. § 91-7. Surrender of weapon; return. A. No person who openly carries or displays a weapon in any public building shall refuse to surrender such weapon at the request of any police officer, sheriff or deputy sheriff, or peace officer. B. Any legal weapon so surrendered shall be returned to such person upon his or her departure from the public building. § 91-8. Exceptions. A. Nothing contained in this Article shall be deemed to authorize the possession of any weapon, the possession of which is made unlawful by any other law, statute, ordinance or resolution. B. Nothing contained in this Article shall be deemed to prohibit the possession of any weapon, otherwise lawful, except under the circumstances herein specified. PAGE 21 § 91-9. Penalties for offenses. Any person who violates the provisions of § 91-5 or 91-6 of this Article shall be guilty of an offense and may be punished by a fine not to exceed two hundred dollars ($200) or imprisonment for not more than ten(10) days, or both such fine and imprisonment. TOWN OF CORTLANDVILLE PAGE 22 TOWN BOARD MEETING—APRIL 7, 2021 FILED WITH THE STATE EFFECTIVE APRIL 14, 2021 RESOLUTION#102 ADOPT LOCAL LAW NO. 1 OF 2021, "MORATORIUM OF • INSTALLATIONS OF GROUND-MOUNTED LARGE SCALE ENERGY SOLAR SYSTEMS" Motion by Supervisor Williams Seconded by Councilman Cobb VOTES: Supervisor Williams AYE Councilman Cobb AYE Councilman Guido AYE Councilman Testa AYE Councilman Withey AYE ADOPTED WHEREAS,the Town'Board of the Town of Cortlandville is committed to the encouragement of alternative sources of renewable energy; and WHEREAS, there has been a significant increase of interest by residents, landowners and others in developing solar facilities/farms and similar installations in the Town; and WHEREAS, Part II of the General Legislation of the Town of Cortlandville Code, Part 2, Article 1,Chapter 178-123.3 contain several adopted regulations and zoning measures which address solar installations; and WHEREAS, it is in the best interest of the residents of the Town to adopt modifications to the existing regulations and zoning measures to address the location and technical issues related to Ground-Mounted Large Scale Energy Solar Systems as defined in the above referenced section of the Town of Cortlandville Code; and WHEREAS, for purposes of this local law, any applications involving Ground-Mounted Large Scale Energy Solar Systems include new projects or existing projects which apply for an expansion; and WHEREAS,a list of all Ground-Mounted Large Scale Energy Solar Systems currently in the Town of Cortlandville is attached. BE IT ENACTED by the Town Board of the Town of Cortlandville as follows: 1. MORATORIUM There is hereby established a moratorium on the review and approval of any and all applications for the installation of Ground-Mounted Large Scale Energy Solar Systems in the Town of Cortlandville. A. This moratorium shall NOT apply to any and all Ground-Mounted Large Scale Energy Solar Systems which have been approved in all respects by the Town Board, Planning Board and/or Zoning Board of Appeals of the Town of Cortlandville. B'. This moratorium shall apply to all real property within the Town. - C. Pursuant to this moratorium,the Town Board,Planning Board and/or Zoning Board of Appeals of the Town of Cortlandville shall NOT review any applications whatsoever for any Ground-Mounted Large Scale Energy Solar Systems except as provided herein. Any and all applications which have been filed with the Town that are currently under review by the Town Board, Planning Board and/or Zoning Board of Appeals of the - Town of Cortlandville shall be tabled until this moratorium ends except as provided herein. D. Pursuant to this moratorium, the Code/Planning Enforcement Officer of the Town of Cortlandville shall not issue Building Permits for any construction involving any Ground-Mounted.Large Scale Energy Solar Systems within the Town except as provided herein. PAGE 23 E. Pursuant to this moratorium,no applications for variances, special use permits or other approvals involving Ground-Mounted Large Scale Energy Solar Systems shall be accepted or issued by the Town except as provided herein. 2. EXCEPTIONS No part of the moratorium to be enacted by this local law shall apply to the following: A. Any and all applications involving Ground-Mounted Large Scale Energy Solar Systems which have been filed with the Town and have been approved in all respects by the Town Board,Planning Board and/or Zoning Board of Appeals of the Town of Cortlandville even if the said projects have not yet been issued a Building Permit by the Code/Planning Enforcement Officer of the Town. 3. PENALTIES. Any person, firm, entity or corporation which shall violate the provisions of this local law, shall be subject to: A. A penalty in the amount of a minimum of$100.00 and a maximum of$250.00 for each day that such violation shall exist; and B. Injunctive relief in favor of the Town to cease any and all such actions which conflict with this local law and, if necessary, to remove any construction or improvements which may have been built in violation of this local law. 4. EFFECTIVE DATE A. This moratorium shall expire on midnight of the date certain which is six (6) months after this local law shall become effective or unless the Town Board of the Town of Cortlandville adopts a resolution either extending it or ending it. B. This Local Law shall become effective when filed with the Secretary of State as required by law. TOWN OF CORTLANDVILLE PAGE 24 TOWN BOARD MEETING – AUGUST 18, 2021 FILED WITH THE STATE EFFECTIVE OCTOBER 19, 2021 RESOLUTION #233 ADOPT LOCAL LAW NO. 2 OF 2021, “A LOCAL LAW TO OPT OUT OF ALLOWING CANNABIS RETAIL DISPENSARIES AND ON-SITE CONSUMPTION SITES AS AUTHORIZED UNDER CANNABIS LAW ARTICLE 4” SUBJECT TO PERMISSIVE REFERENDUM Motion by Councilman Guido Seconded by Councilman Cobb VOTES: Supervisor Williams Aye Councilman Cobb Aye Councilman Guido Aye Councilman Testa Aye Councilman Withey Nay ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed local law, “A Local Law to Opt Out of Allowing Cannabis Retail Dispensaries and On-Site Consumption Sites as Authorized Under Cannabis Law Article 4”, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 2 of 2021, amending the Code of the Town of Cortlandville to add legislation to “Opt Out of Allowing Cannabis Retail Dispensaries and On-Site Consumption Sites as Authorized Under Cannabis Law Article 4”, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: A local law to opt out of allowing cannabis retail dispensaries and on-site consumption sites as authorized under Cannabis Law Article 4 Section 1. Legislative Intent It is the intent of this local law to opt out of allowing cannabis retail dispensaries and on-site cannabis consumption sites in the Town of Cortlandville that would otherwise be allowed under Cannabis Law Article 4. Section 2. Authority This local law is adopted pursuant to Cannabis Law § 131 which expressly authorizes the town board to adopt a local law requesting the Cannabis Control Board to prohibit the establishment of cannabis retail dispensary licenses and/or on-site consumption licenses within the jurisdiction of the Town of Cortlandville and is subject to a permissive referendum, the procedure of which is governed by Municipal Home Rule Law § 24. PAGE 25 Section 3. Local Opt-Out The Town Board of the Town of Cortlandville hereby opts out of allowing cannabis retail dispensaries and on-site cannabis consumption sites from being established and operated within the town’s jurisdiction. Section 4. Severability If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Permissive Referendum/Referendum on Petition This local law is subject to a referendum on petition in accordance with Cannabis Law § 131 and the procedure outlined in Municipal Home Rule Law § 24. Section 6. Effective date This local law shall take effect immediately upon filing with the Secretary of State. TOWN OF CORTLANDVILLE PAGE 26 TOWN BOARD MEETING – APPROVAL – JULY 7, 2021 APPROVED AT THE NOVEMBER 2, 2021 GENERAL ELECTION BY REFERENDUM TOWN BORD MEETING – CONFIRMED – DECEMBER 1, 2021 FILED WITH THE STATE EFFECTIVE DECEMBER 9, 2021 RESOLUTION #329 CONFIRM ADOPTION AND APPROVAL OF LOCAL LAW NO. 3 OF 2021, “A LOCAL LAW INCREASING THE TERM OF OFFICE FROM TWO YEARS TO FOUR YEARS FOR THE TOWN SUPERVISOR, TOWN CLERK/COLLECTOR AND TOWN HIGHWAY SUPERINTENDENT OF THE TOWN OF CORTLANDVILLE” Motion by Councilman Guido Seconded by Councilman Cobb VOTES: Supervisor Williams Aye Councilman Cobb Aye Councilman Guido Aye Councilman Testa Aye Councilman Withey Absent ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law of 2021, “A Local Law Increasing the Term of Office from Two Years to Four Years for the Town Supervisor, Town Clerk/Collector, and Town Highway Superintendent of the Town of Cortlandville”, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, on July 7, 2021 by Resolution #188, the Town Board of the Town of Cortlandville, after due deliberation, found it in the best interest of the Town to adopt said Local Law as a Local Law of 2021, “A Local Law Increasing the Term of Office from Two Years to Four Years for the Town Supervisor, Town Clerk/Collector, and Town Highway Superintendent of the Town of Cortlandville”, subject to Mandatory Referendum at the November 2, 2021 General Election, and filing of said Local Law with the Secretary of State after approval of a majority of the electors voting thereon, and WHEREAS, there were three propositions on the November 2, 2021 General Election ballot that were approved by the electors of the Town of Cortlandville to increase the term of office from two years to four years for the Town Supervisor, Town Clerk/Collector, and Town Highway Superintendent with votes recorded as follows: Town Supervisor: Yes 862 No 852 Town Clerk/Collector: Yes 1002 No 716 Town Highway Superintendent: Yes 1001 No 717 NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby confirms the adoption and approval of Local Law No. 3 of 2021, “A Local Law Increasing the Term of Office from Two Years to Four Years for the Town Supervisor, Town Clerk/Collector, and Town Highway Superintendent of the Town of Cortlandville”. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1: Statutory Authority: This local law is adopted pursuant to the provisions of the Municipal Home Rule Law of the State of New York. PAGE 27 Section 2: Term for Town Supervisor: The term of office of the elective Town Supervisor of the Town of Cortlandville shall be four (4) years. Such four-year term shall commence on the first day of January following the first biennial town election after the effective date of this chapter. Section 3: Term for Town Clerk/Collector: The term of office of the elective Town Clerk/Collector of the Town of Cortlandville shall be four (4) years. Such four-year term shall commence on the first day of January following the first biennial town election after the effective date of this chapter. Section 4: Term for Town Highway Superintendent: The term of office of the elective Town Highway Superintendent of the Town of Cortlandville shall be four (4) years. Such four-year term shall commence on the first day of January following the first biennial town election after the effective date of this chapter. Section 5: Election At the biennial town election next following the effective date of this chapter, and every four (4) years thereafter, the Town Supervisor, Town Clerk/Collector and Town Highway Superintendent shall be elected for a term of four (4) years. Section 6: Supersession of Statutory Provisions: This Local Law shall supersede, in its application to the Town of Cortlandville, §24 of the Town Law, with respect to the term of office of the elective Town Supervisor, Town Clerk/Collector and Town Highway Superintendent. Section 7: Approval at referendum: Propositions authorizing this Local Law extending the terms of office of the elective Town Supervisor, Town Clerk/Collector and Town Highway Superintendent to a four (4) year term were approved by the electors of the Town of Cortlandville at a biennial town election held on November 2, 2021, not less than sixty (60) days after the adoption of resolutions by the Town Board of the Town of Cortlandville authorizing this Local Law. Section 8: Severability: If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Town Board of the Town of Cortlandville hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent. Section 9: Repeal: All ordinances, local laws, and parts thereof inconsistent with this Local Law are hereby repealed. Section 10: When effective: This Local Law shall take effect immediately upon filing with the Secretary of State. PAGE 28 TOWN OF CORTLANDVILLE TOWN BOARD MEETING – FEBRUARY 16, 2022 FILED WITH THE STATE EFFECTIVE MARCH 3, 2022 RESOLUTION #64 ADOPT LOCAL LAW NO. 1 OF 2022, “A LOCAL LAW TO AMEND THE ZONING CODE TO FURTHER SAFEGUARD THE EXISTING WELLHEAD PROTECTION AREAS WITHIN THE TOWN OF CORTLANDVILLE’S AQUIFER PROTECTION DISTRICT AND OTHER RELATED AMENDMENTS” Motion by Councilman Guido Seconded by Councilman Testa VOTES: Supervisor Williams Aye Councilman Cobb Aye Councilman Guido Aye Councilman Leach Aye Councilman Testa Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law amending the Zoning Ordinance and Map of the Town of Cortlandville titled, “A Local Law to Amend the Zoning Code to Further Safeguard the Existing Wellhead Protection Areas Within the Town of Cortlandville’s Aquifer Protection District and Other Related Amendments”, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law it has been determined by the said Town Board that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by their applicable governmental agencies without further regard to SEQRA, and WHEREAS, the Town Board issued a Negative Declaration under SEQRA and adopted the form of the Notice of Determination of Non-Significance, and WHEREAS, the proposed Local Law was forwarded to the Town and County Planning Boards for review and recommendations, and WHEREAS, the Cortland County Planning Board recommended approval of the proposed Local Law with conditions, which were complied with and incorporated into the proposed Local Law, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 1 of 2022, “A Local Law to Amend the Zoning Code to Further Safeguard the Existing Wellhead Protection Areas Within the Town of Cortlandville’s Aquifer Protection District and Other Related Amendments”, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: PAGE 29 A LOCAL LAW AMENDING THE TOWN OF CORTLANDVILLE’S ZONING CODE TO FURTHER SAFEGUARD THE EXISTING WELLHEAD PROTECTION AREAS LOCATED WITHIN THE TOWN OF CORTLANDVILLE’S AQUIFER PROTECTION DISTRICT BE IT ENACTED by the Town Board of the Town of Cortlandville, as follows: SECTION 1. TITLE. This Local Law shall be known as the “A Local Law to Amend the Zoning Code to Further Safeguard the Existing Wellhead Protection Areas Within the Town of Cortlandville’s Aquifer Protection District and Other Related Amendments.” SECTION 2. STATUTORY AUTHORITY. This Local Law is intended to be consistent with and is enacted by the Town Board of the Town of Cortlandville pursuant to its authority to adopt laws under the New York State Constitution, the New York State Municipal Home Rule Law, and the New York State Town Law. It is intended and is hereby declared to address matters of local concern only and is intended to act in furtherance of the Town’s authority with respect to existing zoning and land use laws and its police powers, related to the planning and physical use of real property within the Town. This Local Law is intended to replace, modify and/or supplement identified provisions of the “1985 Zoning Local Law of the Town of Cortlandville, Cortland County, New York”. SECTION 3. PURPOSE AND INTENT. The Town Board finds that it is in the best interest of the Town of Cortlandville to enact additional protective measures within Chapter 178 of the Town Code entitled “Zoning”, in order to further safeguard the Town’s drinking water supply wells, and where applicable, the City of Cortland’s public water supply because certain Wellhead Protection Areas within the Town are located within the contributing area to the City’s Public Wells immediately adjacent to the Town. As such, the Local Law is intended to protect the health and welfare of the citizens of the Town and the public generally, and to reorganize, enact additions and amendments to various provisions in the Code to best effect those safeguards in a manner that the Board believes is legally sustainable. Figures depicting the Wellhead Protection Areas are appended as Exhibit A. SECTION 4. ADDITIONS, DELETIONS AND MODIFICATIONS TO PART II OF GENERAL LEGISLATION OF THE TOWN OF CORTLANDVILLE CODE, PART II, CHAPTER 178 – ZONING. 1. The following definitions are hereby added to Section 178-2 of Article I entitled: “Definitions”: “Mine” Any excavation from which a mineral is to be produced for sale or exchange, or for commercial, industrial or municipal use; all haulageways and all equipment above, on or below the surface of the ground used in connection with such excavation, and all lands included in the life of the mine as identified in any permit issued by the New York State Department of Environmental Conservation. “Mining” The extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial, or construction use; exclusive of manufacturing processes, at the mine location; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location. "Mining" shall not include the excavation, removal and disposition of minerals from construction projects, exclusive of the creation of water bodies, or excavations in aid of agricultural activities. PAGE 30 “NYSDEC” New York State Department of Environmental Conservation. “Public Wells” Municipal or public drinking water supply wells. “Wellhead Protection Area” The surface and subsurface area surrounding a drinking water well, supplying a public water system, through which contaminants are reasonably likely to pass before reaching such well or group of wells, as designated pursuant to New York’s Wellhead Protection Program. Wellhead Protection Areas are located within Wellhead Protection Area Districts which overlay other districts within the Town. While Wellhead Protection Areas are generally located with the Town’s Aquifer Protection District, they contain separate requirements than the Aquifer Protection District because land uses within Wellhead Protection Areas in the Town provide a more immediate threat to Public Wells. 2. The title of Article IA is changed to “Wellhead Protection Area District”. 3. Existing § 178-2.1 is hereby replaced with the following provision: Statement of Intent. The purpose and intent of the Wellhead Protection Area District is to preserve the quality and quantity of limited drinking water resources to ensure a safe and plentiful public drinking water supply. This is accomplished through the establishment of an overlay district that is coterminous with the Wellhead Protection Areas and Wellhead Protection Zones within such Wellhead Protection Areas identified in § 178-2.3. This overlay district contains regulatory prohibitions and procedures governing land uses within the Wellhead Protections Areas which are in the Town. Such Wellhead Protection Areas correspond to the Town’s own Public Wells and the City of Cortland’s Public Wells located immediately adjacent to the Town. 4. Add the following as new § 178-2.2: § 178-2.2 Scope and authority. The Wellhead Protection Area District shall be considered as overlying other zoning districts. Any uses permitted in the portion of the districts so overlaid shall be permitted subject to all the provisions of this district, unless prohibited by this district. In the event of any conflict between these Wellhead Protection Area District regulations and any other existing regulations, the more restrictive regulations shall apply. 5. Add the following as new § 178-2.3: § 178-2.3 Establishment of Wellhead Protection Areas and Wellhead Protection Zones. A. The Town of Cortlandville operates three public drinking water supply wells within the Otter-Dry Creek Aquifer which supply drinking water to the residents of the Town. Two of the Town’s Public Wells are located adjacent to Lime Hollow Road (the “Lime Hollow Wells”) and one well is Adjacent to Terrace Road (the “Terrace Road Well”). Additionally, the City of Cortland operates Public Wells within the City limits, that are located immediately adjacent to its boundary with the Town. B. “Wellhead Protection Areas” and “Wellhead Protection Zones” in the Town of Cortlandville which correspond to the Town of Cortlandville’s Public Wells and the City of Cortland’s Public Wells have been designated by the Cortland County Soil and Water Conservation District with the assistance of the Cortland County Health Department and the United States Geological Survey, in accordance with applicable federal and state laws, rules and policy to protect public drinking water supply wells. PAGE 31 These Wellhead Protection Areas were identified in a report entitled: “FINAL Delineation of Wellhead Protection Areas”, dated May 2002 and each Wellhead Protection Area is divided into three separate sub-areas known as “Wellhead Protection Zones”. The Wellhead Protection Areas and Wellhead Protection Zones within such Wellhead Protection Areas in the Town that were designated by the County Soil and Water Conservation District have been adopted by the Town of Cortlandville to facilitate protection of public drinking water systems through the Wellhead Protection Area District. C. Wellhead Protection Zones within the Wellhead Protection Area District are described as follows and are depicted in the Wellhead Protection District Map described in § 178- 4: (1) Zone 1A. Zone 1A includes those land areas within the Town located directly over the aquifer and immediately surrounding each Public Well. It covers those areas within which groundwater is estimated to take approximately two years or less to reach the corresponding well. (2) Zone 1B. Zone 1B includes those land areas within the Town located directly over the aquifer but outside of Zone 1A, within which groundwater is estimated to take approximately five years or less to reach the corresponding well. (3) Zone 2. Zone 2 is also known as the “Watershed Recharge Area” for each well. It includes those land areas within the Town that contribute water to the corresponding Public Well. It can include portions of the aquifer that contribute flow to the supply well and can also include upland areas, outside of the aquifer boundary. It is essentially the drainage area to Zones 1A and 1B. D. Prohibited Uses and Activities. The following uses and activities and expansions of any such existing uses and activities, except as allowed herein, are prohibited within Wellhead Protection Zone 1A regardless of whether such use or activity is an allowable use within the underlying Zoning District that is overlain by that zone: (1) The discharge, land application or disposal of any hazardous material, toxic substance, or radioactive material (as defined by any applicable state or federal law). (2) The production or processing of bulk quantities of any hazardous material or toxic substance (as defined by any applicable state or federal law). (3) The open storage of pesticides, herbicides, or fungicides (as defined by any applicable state or federal law). (4) The dumping or disposing of snow or ice collected off-site from roadways or parking areas. (5) The open or bulk storage of coal or chloride salts. (6) Any form of underground injection of hazardous materials or toxic substances (as defined under any applicable state or federal law). (7) Gas stations, solid waste disposal facilities and junkyards. (8) Any activities associated with industrial development as per Section 178-77 of Article XIV (Conditional Permit) of the Cortlandville Town Code. PAGE 32 (9) The use of septic system additives and cleaners which contain toxic substances or hazardous materials (as defined by applicable state or federal law). (10) The disposal of toxic substances or hazardous materials (as defined under applicable state or federal law) by means of discharge to a septic system. (11) All new Mines and all forms of Mining are prohibited within Wellhead Protection Zone 1A, except that existing Mines in such areas may continue to operate if previously permitted, and may expand laterally within the existing property, but may not expand into and below the water table in Wellhead Protection Zone 1A unless such expansion or operation below the water table was previously permitted by the NYSDEC prior to the enactment of this provision. E. The uses identified in subparagraph D above are not prohibited within Wellhead Protection Zone 1B or Zone 2, unless such uses are not authorized in or are otherwise prohibited in the underlying zoning district, but new Mines and Mining may not be undertaken or expanded if located within the Aquifer Protection District without a Special Permit issued pursuant to § 178-46. 6. Renumber existing § 178-2.2 as § 178-2.4. 7. Add new § 178-3 K.: Wellhead Protection Area District. 8. § 178-4 entitled: “Zoning Map” is hereby amended to read as follows: The boundaries of the districts are established as shown on the map entitled “Zoning Map” in this chapter, except that the Aquifer Protection District is set forth on the Aquifer Protection District Map filed with the Town of Cortlandville, and the Wellhead Protection Zones are set forth on the Wellhead Protection District Map filed with the Town of Cortlandville. Reference is also made to § 178-80 B of this chapter herein concerning the filed plan and maps for flood hazard areas. The Zoning Map, the Aquifer Protection District Map and the Wellhead Protection District Map, including any explanatory material on each, are made a part of this chapter. The Town Clerk shall certify each of the maps as part of this chapter and keep them on file in the clerk’s office. Any change to district boundaries or other information depicted in the maps shall be made on the certified Zoning Map, Aquifer Protection District Map and the Wellhead Protection District Map. The local law making any change shall provide for its entry upon the corresponding map. 9. § 178-45 B (3) is replaced with the following: (3) No Mine of any kind is a permitted use within the Aquifer Protection District, except sand and gravel Mines that are located within an underlying Agricultural District provided they are not located within Wellhead Protection Zone 1A. Mines are a special permitted use in Wellhead Protection Zone 1B or Zone 2 in Agricultural Districts that are overlayed by the Aquifer Protection District. 10. Add new § 178-15 F to Uses subject to conditional permit in an Agricultural District: F. Sand and Gravel Mines, unless located within Wellhead Protection Zone 1A. 11. Add new § 178-34 B.: B. Mines of any type. PAGE 33 12. Add new § 178-36.5 B.: B. Mines of any type. 13. Add new § 178-36.12 B.: B. Mines of any type. 14. Add new § 178-40.2 C.: C. Mines of any type. 15. Delete § 178-40.4 A. (7) and renumber former § 178-40.4 A. (8), (9) and (10) as (7), (8) and (9). 16. Add new § 178-40.6 C.: C. Mines of any type. 17. Replace § 178-116 with the following: § 178-116 Mines and Mining. A. New Mines. All new Mines and Mining operations within the Town shall be permitted only within Agricultural Districts. To the extent any such proposed new Mine in an Agricultural District is also located within an Aquifer Protection District or Zone 1B or Zone 2 of a Wellhead Protection Area District, they shall be subject to the Special Permit requirements in § 178-46. New Mines located within Zone 1A of the Wellhead Protection Area District are prohibited in accordance with § 178-2.3. B. Existing Mines. Existing Mines located within Zone 1A of a Wellhead Protection Area District may expand only in accordance with § 178-2.3. D (11). Existing Mines not located within Zone 1A of a Wellhead Protection Area District must be either permitted by NYSDEC or exempt by State law from such permit requirements. C. Requirements For Exempt Mines. All new and existing Mines located within an Agricultural District, but which are not located in either Zone 1A of the Wellhead Protection Area District or the Aquifer Protection District, and which are exempt from NYSDEC permitting requirements, must comply with the following requirements: 18. Renumber existing § 178-116 A. through J. as § 178-116 C. (1) through (10). SECTION 5. STATE ENVIRONMENTAL QUALITY REVIEW ACT. This Local Law is classified a Type I action pursuant to 6 NYCRR § 617.4 (b) (2) under the State Environmental Quality Review Act. SECTION 6. SEVERABILITY. PAGE 34 If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in operation to the clause, sentence, paragraph, section or part hereof directly involved in the controversy in which such determination shall have been rendered. SECTION 7. EFFECTIVE DATE. This Local Law shall become effective ten (10) days after being filed by the Secretary of State. PAGE 35 PAGE 36 PAGE 37 PAGE 38 PAGE 39 TOWN OF CORTLANDVILLE TOWN BOARD MEETING – APRIL 20, 2022 FILED WITH THE STATE EFFECTIVE MAY 4, 2022 RESOLUTION #119 ADOPT LOCAL LAW NO. 2 OF 2022, “A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S SOLAR ENERGY SYSTEM PILOT LAW OF THE TOWN OF CORTLANDVILLE, NEW YORK” Motion by Councilman Guido Seconded by Councilman Cobb VOTES: Supervisor Williams Aye Councilman Cobb Aye Councilman Donlick Aye Councilman Guido Aye Councilman Leach Aye ADOPTED WHEREAS, on or about February 16, 2022, the Town Board of the Town of Cortlandville (the “Town Board”) introduced a proposed Local Law, “A Local Law Adopting the Town of Cortlandville’s Solar Energy System PILOT Law of the Town of Cortlandville, New York”, and referred it to the Cortland County Planning Board pursuant to GML §239-m, and WHEREAS, the County Planning Board recommended approval of the proposed Local Law with conditions, which were complied with and incorporated into the proposed Local Law, a final version of which was re-introduced by the Town Board on April 6, 2022, and WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on the proposed Local Law, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law it has been determined by the said Town Board that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by their applicable governmental agencies without further regard to SEQRA, and WHEREAS, the Town Board has satisfied its obligation under the New York State Environmental Quality Review Act (“SEQRA”), and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, now therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 2 of 2022, “A Local Law Adopting the Town of Cortlandville’s Solar Energy System PILOT Law of the Town of Cortlandville, New York”, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S SOLAR ENERGY SYSTEM PILOT LAW OF THE TOWN OF CORTLANDVILLE, NEW YORK. BE IT ENACTED by the Town Board of the Town of Cortlandville, as follows: PAGE 40 SECTION 1. TITLE. This Local Law shall be known as the “Solar Energy System PILOT Law of the Town of Cortlandville, New York.” SECTION 2. STATUTORY AUTHORITY. This Local Law is intended to be consistent with and is enacted by the Town Board of the Town of Cortlandville pursuant to its authority to adopt laws under the New York State Constitution, the New York State Municipal Home Rule Law, the New York State Town Law, and the New York Real Property Tax Law. It is intended and hereby declared to address matters of local concern only and is intended to act in furtherance of the Town’s authority with respect to zoning and land use laws and its police and taxation powers, related to solar energy systems. SECTION 3. PURPOSE AND INTENT. This Local Law is adopted to ensure that the benefits of the community’s solar energy resource are available to the entire community, by promoting the installation of solar energy generating equipment through a payment in lieu of taxes (PILOT), granting reduced costs to system developers and energy consumers, and providing a revenue stream to the entire community. SECTION 4. DEFINITIONS. As used in this section, the following terms shall have the meanings indicated: Annual Payment: the payment due under a PILOT Agreement entered into pursuant to Real Property Tax Law § 487(9). Annual Payment Date: January 1st of each year. Capacity: the manufacturer’s nameplate capacity of the Solar Energy System as measured in kilowatts (kW) or megawatts (MW) AC. Owner: the owner of the property on which a Solar Energy System is located or installed, or their lessee, licensee or other person authorized to install and operate a Solar Energy System on the property. Residential Solar Energy System: a Solar Energy System with a nameplate generating capacity less than 50 kW AC in size, installed on the roof or the property of a residential dwelling (including multi-family dwellings), and designed to serve that dwelling. Solar Energy Equipment: collectors, controls, energy storage devices, heat pumps and pumps, heat exchangers, windmills, and other materials, hardware or equipment necessary to the process by which solar radiation is (i) collected, (ii) converted into another form of energy such as thermal, electrical, mechanical or chemical, (iii) stored, (iv) protected from unnecessary dissipation and (v) distributed. It does not include pipes, controls, insulation or other equipment which are part of the normal heating, cooling, or insulation system of a building. It does include insulated glazing or insulation to the extent that such materials exceed the energy efficiency standards required by New York law. Solar Energy System: an arrangement or combination of Solar Energy Equipment designed to provide heating, cooling, hot water, or mechanical, chemical, or electrical energy by the collection of solar energy and its conversion, storage, protection and distribution. SECTION 5. PILOT REQUIRED. 1. The owner of a property on which a Solar Energy System is located or installed (including any improvement, reconstruction, or replacement thereof), shall enter into a PILOT Agreement with the Town of Cortlandville consistent with the terms of this Local Law, except for a) Residential Solar Energy Systems b) Solar Energy Systems that do not seek or qualify for an exemption from real property taxes pursuant to Real Property Tax Law § 487(4). PAGE 41 2. The Lessee or licensee of any owner of a property required to enter into a PILOT Agreement by this section, which owns or controls the Solar Energy System, may enter into the PILOT Agreement on behalf of the owner of the property. 3. Pursuant to Real Property Tax Law § 487(9)(b), the Town of Cortlandville hereby expresses its ongoing intent to require a contract for PILOT for such Solar Energy Systems, and this Local Law shall be considered notification to owners or developers of such systems and no further action is required on the part of the Town of Cortlandville with respect to the notification requirements by the Town of Cortlandville as set forth in Real Property Tax Law § 487(9)(a). 4. Nothing in this Local Law shall exempt any requirement for compliance with state and local codes for the installation of any solar energy equipment or a solar energy system, or authorize the installation of any solar energy equipment or a solar energy system. All solar energy systems must file a Real Property Tax Exemption application pursuant to Real Property Tax Law § 487 to receive a tax exemption. SECTION 6. CONTENTS OF PILOT AGREEMENTS. 1. Each PILOT Agreement entered into shall include: a) Name and contact information of the Owner or other party authorized to act upon behalf of the Owner of the Solar Energy System. b) The SBL number for each parcel or portion of a parcel on which the Solar Energy System will be located. c) A requirement for fifteen to twenty successive annual payments, to be paid commencing on the first Annual Payment Date after the effective date of the Real Property Tax Exemption granted pursuant to Real Property Tax Law § 487. d) The Capacity of the Solar Energy System, and that if the Capacity is increased or increased as a result of a system upgrade, replacement, partial removal or retirement of Solar Energy Equipment, the annual payments shall be increased or decreased on a pro rata basis for the remaining years of the Agreement. e) That the parties agree that under the authority of Real Property Tax Law § 487 the Solar Energy System shall be considered exempt from real property taxes for the fifteen-year life of the PILOT Agreement. f) That the PILOT Agreement may not be assigned without the prior written consent of the Town of Cortlandville, which consent may not be unreasonably withheld if the Assignee has agreed in writing to accept all obligations of the Owner, except that the Owner may, with advance written notice to the Town of Cortlandville but without prior consent, assign its payment obligations under the PILOT Agreement to an affiliate of the Owner or to any party who has provided or is providing financing to the Owner for or related to the Solar Energy System, and has agreed in writing to accept all payment obligations of the Owner. g) That a Notice of this Agreement may be recorded by the Owner at its expense, and that the Town of Cortlandville shall cooperate in the execution of any Notices or Assignments with the Owner and its successors. h) The Town of Cortlandville Town Board may establish by resolution the payment amount and terms of PILOT Agreements and/or Community Host Agreements by developers of Solar Energy Systems with the Town of Cortlandville or may delegate to the Cortland County Industrial Development Agency the authority to negotiate such agreements on behalf of the Town of Cortlandville. i) That if the Annual Payment is not paid when due, that upon failure to cure within thirty days, the Town of Cortlandville may cancel the PILOT Agreement without notice to the Owner, and the Solar Energy System shall thereafter be subject to taxation at its full assessed value. SECTION 7. SEVERABILITY. PAGE 42 If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in operation to the clause, sentence, paragraph, section or part hereof directly involved in the controversy in which such determination shall have been rendered. SECTION 8. EFFECTIVE DATE. This Local Law shall be effective upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law, and shall apply to all solar energy systems constructed. PAGE 43 TOWN OF CORTLANDVILLE TOWN BOARD MEETING – APRIL 20, 2022 FILED WITH THE STATE EFFECTIVE MAY 4, 2022 RESOLUTION #121 ADOPT LOCAL LAW NO. 3 OF 2022, “A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S BATTERY ENERGY STORAGE SYSTEM LAW OF THE TOWN OF CORTLANDVILLE, NEW YORK” Motion by Councilman Cobb Seconded by Councilman Donlick VOTES: Supervisor Williams Aye Councilman Cobb Aye Councilman Donlick Aye Councilman Guido Aye Councilman Leach Aye ADOPTED WHEREAS, on or about February 16, 2022, the Town Board of the Town of Cortlandville (the “Town Board”) introduced a proposed Local Law, “A Local Law Adopting the Town of Cortlandville’s Battery Energy Storage System Law of the Town of Cortlandville, New Yo rk”, and referred it to the Cortland County Planning Board pursuant to GML §239-m, and WHEREAS, the County Planning Board recommended approval of the proposed Local Law with conditions, which were complied with and incorporated into the proposed Local Law, a final version of which was re-introduced by the Town Board on April 6, 2022, and WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on the proposed Local Law, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law it has been determined by the said Town Board that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by their applicable governmental agencies without further regard to SEQRA, and WHEREAS, the Town Board has satisfied its obligation under the New York State Environmental Quality Review Act (“SEQRA”), and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, now therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 3 of 2022, “A Local Law Adopting the Town of Cortlandville’s Battery Energy Storage System Law of the Town of Cortlandville, New York”, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S BATTERY ENERGY STORAGE SYSTEM LAW OF THE TOWN OF CORTLANDVILLE, NEW YORK. BE IT ENACTED by the Town Board of the Town of Cortlandville, as follows: PAGE 44 SECTION 1. TITLE. This Local Law shall be known as the “Battery Energy Storage System Law of the Town of Cortlandville, New York.” SECTION 2. STATUTORY AUTHORITY. This Local Law is intended to be consistent with and is enacted by the Town Board of the Town of Cortlandville pursuant to its authority to adopt laws under the New York State Constitution, the New York State Municipal Home Rule Law, and the New York State Town Law. It is intended and hereby declared to address matters of local concern only and is intended t o act in furtherance of the Town’s authority with respect to adopt zoning provisions that advance and protect the health, safety and welfare of the community. SECTION 3. PURPOSE AND INTENT. This Battery Energy Storage System Law is adopted to advance and protect the public health, safety, welfare, and quality of life of the Town of Cortlandville by creating regulations for the installation and use of battery energy storage systems, with the following objectives: 1. To provide a regulatory scheme for the designation of properties suitable for the location, construction and operation of battery energy storage systems. 2. To ensure compatible land uses in the vicinity of the areas affected by battery energy storage systems. 3. To mitigate the impacts of battery energy storage systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources; and 4. To create synergy between battery energy storage system development and other stated goals of the community pursuant to its Comprehensive Plan. SECTION 4. DEFINITIONS. As used in this section, the following terms shall have the meanings indicated: ANSI: American National Standards Institute BATTERY(IES): A single cell or a group of cells connected electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this law, batteries utilized in consumer products are excluded from these requirements. BATTERY ENERGY STORAGE MANAGEMENT SYSTEM: An electronic system that protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. BATTERY ENERGY STORAGE SYSTEM: One or more devices, assembled, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle. A battery energy storage system is classified as a Tier 1 or Tier 2 Battery Energy Storage System as follows: 1. Tier 1 Battery Energy Storage Systems have an aggregate energy capacity less than or equal to 600kWh and, if in a room or enclosed area, consist of only a single energy storage system technology. 2. Tier 2 Battery Energy Storage Systems have an aggregate energy capacity greater than 600kWh or are comprised of more than one storage battery technology in a room or enclosed area. CELL: The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy. PAGE 45 COMMISSIONING: A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements. DEDICATED-USE BUILDING: A building that is built for the primary intention of housing battery energy storage system equipment, is classified as Group F-1 occupancy as defined in the International Building Code, and complies with the following: 1. The building’s only use is battery energy storage, energy generation, and other electrical grid-related operations. 2. No other occupancy types are permitted in the building. 3. Occupants in the rooms and areas containing battery energy storage systems are limited to personnel that operate, maintain, service, test, and repair the battery energy storage system and other energy systems. 4. Administrative and support personnel are permitted in areas within the buildings that do not contain battery energy storage system, provided the following: 5. The areas do not occupy more than 10 percent of the building area of the story in which they are located. 6. A means of egress is provided from the administrative and support use areas to the public way that does not require occupants to traverse through areas containing battery energy storage systems or other energy system equipment. ENERGY CODE: The New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law, as currently in effect and as hereafter amended from time to time. FIRE CODE: The fire code section of the New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time. NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL): A U.S. Department of Labor designation recognizing a private sector organization to perform certification for certain products to ensure that they meet the requirements of both the construction and general industry OSHA electrical standards. NEC: National Electric Code. NFPA: National Fire Protection Association. NON-DEDICATED-USE BUILDING: All buildings that contain a battery energy storage system and do not comply with the dedicated-use building requirements. NON-PARTICIPATING PROPERTY: Any property that is not a participating property. NON-PARTICIPATING RESIDENCE: Any residence located on non-participating property. OCCUPIED COMMUNITY BUILDING: Any building in Occupancy Group A, B, E, I, R, as defined in the International Building Code, including but not limited to schools, colleges, daycare facilities, hospitals, correctional facilities, public libraries, theaters, stadiums, apartments, hotels, and houses of worship. PARTICIPATING PROPERTY: A battery energy storage system host property or any real property that is the subject of an agreement that provides for the payment of monet ary compensation to the landowner from the battery energy storage system owner (or affiliate) regardless of whether any part of a battery energy storage system is constructed on the property. PAGE 46 UNIFORM CODE: the New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time. SECTION 5. APPLICABILITY. 1. The requirements of this Local Law shall apply to all battery energy storage systems permitted, installed, or modified in the Town of Cortlandville after the effective date of this Local Law, excluding general maintenance and repair. 2. Battery energy storage systems constructed or installed prior to the effective date of this Local Law shall not be required to meet the requirements of this Local Law. 3. Modifications to, retrofits or replacements of an existing battery energy storage system that increase the total battery energy storage system designed discharge duration or power rating shall be subject to this Local Law. SECTION 6. GENERAL REQUIREMENTS. 1. A building permit and an electrical permit shall be required for installation of all battery energy storage systems. 2. Issuance of permits and approvals by the Planning Board shall include review pursuant to the State Environmental Quality Review Act [ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 (“SEQRA”)]. 3. All battery energy storage systems, all Dedicated Use Buildings, and all other buildings or structures that (1) contain or are otherwise associated with a battery energy storage system and (2) subject to the Uniform Code and/or the Energy Code shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the Energy Code, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code, and the Town of Cortlandville Code. SECTION 7. PERMITTING REQUIREMENTS FOR TIER 1 BATTERY ENERGY STORAGE SYSTEMS. Tier 1 Battery Energy Storage Systems shall be permitted in all zoning districts, subject to the Uniform Code and the “Battery Energy Storage System Permit,” and exempt from site plan review. SECTION 8. PERMITTING REQUIREMENTS FOR TIER 2 BATTERY ENERGY STORAGE SYSTEMS Tier 2 Battery Energy Storage Systems are permitted through the issuance of a special use permit within the Agriculture and Industrial zoning districts and shall be subject to the Uniform Code and the site plan application requirements set forth in this Section. 1. Applications for the installation of Tier 2 Battery Energy Storage System shall be: a. Reviewed by the Code Enforcement/Zoning Enforcement Officer and Planning Board for completeness. An application shall be complete when it addresses all matters listed in this Local Law including, but not necessarily limited to, (i) compliance with all applicable provisions of the Uniform Code and all applicable provisions of the Energy Code and (ii) matters relating to the proposed battery energy storage system and Floodplain, Utility Lines and Electrical Circuitry, Signage, Lighting, Vegetation and Tree-cutting, Noise, Decommissioning, Site Plan and Development, Special Use and Development, Ownership Changes, Safety, and Permit Time Frame and Abandonment. Applicants shall be advised within 10 business days of the completeness of their application or any deficiencies that must be addressed prior to substantive review; PAGE 47 b. Subject to a public hearing to hear all comments for and against the application. The Planning Board of the Town of Cortlandville shall have a notice printed in a newspaper of general circulation in the Town of Cortlandville at least five 5 days in advance of such hearing. Applicants shall have delivered the notice by first class mail to adjoining landowners or landowners within two hundred 200 feet of the property at least ten 10 days prior to such a hearing; i. Referred to the County Planning Department pursuant to General Municipal Law § 239-m if required; ii. Upon closing of the public hearing, the Planning Board shall take action on the application within 62 days of the public hearing, which can include approval, approval with conditions, or denial. The 62- day period may be extended upon consent by both the Planning Board and Applicant. 2. Utility Lines and Electrical Circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way. 3. Signage. a. The signage shall be in compliance with ANSI Z535 and shall include the type of technology associated with the battery energy storage systems, any special hazards associated, the type of suppression system installed in the area of battery energy storage systems, and 24-hour emergency contact information, including reach-back phone number. b. As required by the NEC, disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations. 4. Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties. 5. Vegetation and tree cutting. Areas within 10 feet on each side of Tier 2 Battery Energy Storage Systems shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted to be exempt provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible. 6. Noise. The 1-hour average noise generated from the battery energy storage systems, components, and associated ancillary equipment shall not exceed a noise level of [60] dBA as measured at the outside wall of any non-participating residence or occupied community building. Applicants may submit equipment and component manufacturers noise ratings to demonstrate compliance. The applicant may be required to provide Operating Sound Pressure Level measurements from a reasonable number of sampled locations at the perimeter of the battery energy storage system to demonstrate compliance with this standard. 7. Decommissioning Plan. a. Decommissioning Plan. The applicant shall submit a decommissioning plan, developed in accordance with the Uniform Code, to be implemented PAGE 48 upon abandonment and/or in conjunction with removal from the facility. The decommissioning plan shall include: i. A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site; ii. Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; iii. The anticipated life of the battery energy storage system; iv. The estimated decommissioning costs and how said estimate was determined; v. The method of ensuring that funds will be available for decommissioning and restoration; vi. The method by which the decommissioning cost will be kept current; vii. The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and viii. A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event. ix. Decommissioning Fund. The owner and/or operator of the energy storage system, shall continuously maintain a fund or bond payable to Town of Cortlandville, in a form approved by the Town of Cortlandville for the removal of the battery energy storage system, in an amount to be determined by the Town of Cortlandville, for the period of the life of the facility. This fund may consist of a letter of credit from a State of New York licensed-financial institution. All costs of the financial security shall be borne by the applicant. 8. Site plan application. For a Tier 2 Battery Energy Storage System requiring Special Use Permit, site plan approval shall be required. Any site plan application shall include the following information: a. Property lines and physical features, including roads, for the project site; b. Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures. c. An electrical diagram detailing the battery energy storage system layout, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices. d. A preliminary equipment specification sheet that documents the proposed battery energy storage system components, inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit. PAGE 49 e. Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the battery energy storage system. Such information of the final system installer shall be submitted prior to the issuance of building permit. i. Name, address, phone number, and signature of the project Applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the battery energy storage system. ii. Zoning district designation for the parcel(s) of land comprising the project site. 9. Commissioning Plan. Such plan shall document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in the Uniform Code. Where commissioning is required by the Uniform Code, Battery energy storage system commissioning shall be conducted by a New York State (NYS) Licensed Professional Engineer after the installation is complete but prior to final inspection and approval. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning. A report describing the results of the system commissioning and including the results of the initial acceptance testing required in the Uniform Code shall be provided to [Code Enforcement/Zoning Enforcement Officer or Reviewing Board] prior to final inspection and approval and maintained at an approved on-site location. 10. Fire Safety Compliance Plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code. 11. Operation and Maintenance Manual. Such plan shall describe continuing battery energy storage system maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information and shall meet all requirements set forth in the Uniform Code. a. Erosion and sediment control and storm water management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and the Town of Cortlandville laws and regulations, if applicable. b. Prior to the issuance of the building permit or final approval by the [Reviewing Board], but not required as part of the application, engineering documents must be signed and sealed by a NYS Licensed Professional Engineer. 12. Emergency Operations Plan. A copy of the approved Emergency Operations Plan shall be given to the system owner, the local fire department, and local fire code official. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information: a. Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions. b. Procedures for inspection and testing of associated alarms, interlocks, and controls. c. Procedures to be followed in response to notifications from the Battery Energy Storage Management System, when provided, that could signify potentially dangerous conditions, including shutting down equipment, PAGE 50 summoning service and repair personnel, and providing agreed upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure. d. Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire. e. Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required. f. Procedures for dealing with battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility. g. Other procedures as determined necessary by the Town of Cortlandville to provide for the safety of occupants, neighboring properties, and emergency responders. h. Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures. i. Special Use Permit Standards. i. Setbacks. Tier 2 Battery Energy Storage Systems shall be 100 feet from any property line or 200 feet from any non-participating domiciliary residence, whichever is greater. ii. Height. Tier 2 may not exceed the permitted height of accessory structures in the zoning district where the Energy Storage System is to be installed or 20 feet from the ground, whichever is less. iii. Fencing Requirements. Tier 2 Battery Energy Storage Systems, including all mechanical equipment, shall be enclosed by a 7-foot- high fence with a self-locking gate to prevent unauthorized access unless housed in a dedicated-use building and not interfering with ventilation or exhaust ports. iv. Screening and Visibility. Tier 2 Battery Energy Storage Systems shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area and not interfering with ventilation or exhaust ports. j. Ownership Changes. If the owner of the battery energy storage system changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all the obligations of the special use permit, site plan approval, and decommissioning plan. A new owner or operator of the battery energy storage system shall notify the Code Enforcement/Zoning Enforcement Officer of such change in ownership or operator within 30 days of the ownership change. A new owner or operator must provide such notification to the Code Enforcement/Zoning Enforcement Officer in writing. The special use permit and all other local approvals for the battery energy storage system would be void if a new owner or operator fails to provide written notification to the Code Enforcement/Zoning Enforcement Officer in the required timeframe. Reinstatement of a void special use permit will be subject to the same review and approval processes for new applications under this Local Law. PAGE 51 SECTION 9. SAFETY. 1. System Certification. Battery energy storage systems and equipment shall be listed by a Nationally Recognized Testing Laboratory to UL 9540 (Standard for battery energy storage systems and Equipment) or approved equivalent, with subcomponents meeting each of the following standards as applicable: a. UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power and Light Electric Rail Applications); b. UL 1642 (Standard for Lithium Batteries); c. UL 1741 or UL 62109 (Inverters and Power Converters); d. Certified under the applicable electrical, building, and fire prevention codes as required; and e. Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 (or approved equivalent) and applicable codes, regulations and safety standards may be used to meet system certification requirements. 2. Site Access. 3. Battery energy storage systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local fire department and, if the Tier 2 Battery Energy Storage System is located in an ambulance district, the local ambulance corps. 4. Battery energy storage systems, components, and associated ancillary equipment shall have required working space clearances, and electrical circuitry shall be within weatherproof enclosures marked with the environmental rating suitable for the type of exposure in compliance with NFPA 70. SECTION 10. PERMIT TIME FRAME AND ABANDONMENT. 1. The Special Use Permit and site plan approval for a battery energy storage system shall be valid for a period of 24 months, provided that a building permit is issued for construction and construction is commenced. In the event construction is not completed in accordance with the final site plan, as may have been amended and approved, as required by the Planning Board, within 24 months after approval, Town of Cortlandville may extend the time to complete construction for 180 days. If the owner and/or operator fails to perform substantial construction after 36 months, the approvals shall expire. 2. The battery energy storage system shall be considered abandoned when it ceases to operate consistently for more than 6 month. If the owner and/or operator fails to comply with decommissioning upon any abandonment, Town of Cortlandville may, at its discretion, enter the property and utilize the available bond and/or security for the removal of a Tier 2 Battery Energy Storage System and restoration of the site in accordance with the decommissioning plan. SECTION 11. ENFORCEMENT. Any violation of this Battery Energy Storage System Law shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land use regulations of Town of Cortlandville. SECTION 12. SEVERABILITY. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in operation to the clause, sentence, PAGE 52 paragraph, section or part hereof directly involved in the controversy in which such determination shall have been rendered. SECTION 13. EFFECTIVE DATE. This Local Law shall be effective upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law, and shall apply to all solar energy systems constructed. PAGE 53 TOWN OF CORTLANDVILLE TOWN BOARD MEETING – APRIL 20, 2022 FILED WITH THE STATE EFFECTIVE MAY 4, 2022 RESOLUTION #123 ADOPT LOCAL LAW NO. 4 OF 2022, “A LOCAL LAW AMENDING THE TOWN OF CORTLANDVILLE’S ZONING CODE TO PERMIT SOLAR ENERGY SYSTEMS IN THE TOWN OF CORTLANDVILLE, NEW YORK” Motion by Councilman Guido Seconded by Councilman Donlick VOTES: Supervisor Williams Aye Councilman Cobb Aye Councilman Donlick Aye Councilman Guido Aye Councilman Leach Aye ADOPTED WHEREAS, on or about February 16, 2022 the Town Board of the Town of Cortlandville (the “Town Board”) introduced a proposed Local Law, “A Local Law Amending the Town of Cortlandville’s Zoning Code to Permit Solar Energy Systems in the Town of Cortlandville, New York”, and referred it to the Cortland County Planning Board pursuant to GML §239-m, and WHEREAS, the County Planning Board recommended approval of the proposed Local Law with conditions, which were complied with and incorporated into the proposed Local Law, a final version of which was re-introduced by the Town Board on April 6, 2022, and WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on the proposed Local Law, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law it has been determined by the said Town Board that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by their applicable governmental agencies without further regard to SEQRA, and WHEREAS, the Town Board has satisfied its obligation under the New York State Environmental Quality Review Act (“SEQRA”), and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, now therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 4 of 2022, “A Local Law Amending the Town of Cortlandville’s Zoning Code to Permit Solar Energy Systems in the Town of Cortlandville, New York”, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: A LOCAL LAW AMENDING THE TOWN OF CORTLANDVILLE’S ZONING CODE TO PERMIT SOLAR ENERGY SYSTEMS IN THE TOWN OF CORTLANDVILLE, NEW YORK PAGE 54 BE IT ENACTED by the Town Board of the Town of Cortlandville, as follows: SECTION 1. TITLE. This local law shall be known as “A Local Law to Amend the Zoning Code to Permit Solar Energy Systems Within the Town of Cortlandville, New York.” SECTION 2. STATUTORY AUTHORITY. This Local Law is intended to be consistent with and is enacted by the Town Board of the Town of Cortlandville pursuant to its authority to adopt laws under the New York State Constitution, the New York State Municipal Home Rule Law, and the New York State Town Law. It is intended and is hereby declared to address matters of local concern only and is intended to act in furtherance of the Town’s authority with respect to existing zoning and land use laws and its police powers, related to the planning and physical use of real property within the Town. This Local Law is intended to replace in its entirety the provisions of the Local Law No. 2 of 2018 of Part II (General Legislation), Chapter 178 (Zoning), Section 178-123.3 (Solar Energy Systems) of the Zoning Local Law of the Town of Cortlandville, Cortland County, New York. SECTION 3. PURPOSE AND INTENT. This section regulates the safe, effective and efficient use of installed solar energy systems in order to encourage renewable energy and a sustainable lifestyle by protecting the health, safety, and welfare of the community while minimizing the adverse impact(s) on the adjacent and surrounding neighboring properties. SECTION 4. DEFINITIONS. As used in this section, the following terms shall have the meanings indicated: Array: Any number of electrically connected photovoltaic (PV) modules providing a single electrical output. Building-Integrated System: A solar photovoltaic system that is constructed as an integral part of a principal or accessory building or structure and where the building-integrated system features maintain a uniform profile or surface of vertical walls, window openings, and roofing. Such a system is used in lieu of a separate mechanical device, replacing or substituting for an architectural or structural component of the building or structure that appends or interrupts the uniform surfaces of walls, window openings and roofing. A building-integrated system may occur within vertical facades, replacing view glass, spandrel glass or other façade material; into semitransparent skylight systems; into roofing systems, replacing traditional roofing materials; or other building or structure envelope systems. Building-Mounted System: A solar photovoltaic system attached to any part or type of roof on a building or structure that has an occupancy permit on file with the Town of Cortlandville and that is either the principal structure or an accessory structure on a recorded lot. This system also includes any solar-based architectural elements. Drip line: The outermost edge of a roof including eaves, overhangs and gutters and/or solar panels. Forest Conversion (Substantial): Substantial forest conversion shall be defined as five acres or ten percent of the project area, whichever is greater. The project area shall be defined as the fenced-in perimeter area plus any access roads. Forest Fragmentation: The breaking of large, contiguous, forested areas into smaller pieces of forest; typically these pieces are separated by roads, agriculture, utility corridors, subdivisions, forest conversions, or other human development. Glare: The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects. PAGE 55 Ground-Mounted System: A solar photovoltaic system mounted on a structure, pole or series of poles constructed specifically to support the photovoltaic system and not attached to any other structure for the primary purpose of producing electricity or thermal energy for onsite or offsite use. Interconnection: The technical and practical link between the solar generator and the grid providing electricity to the greater community. Kilowatt (kW): A unit of electrical power equal to 1,000 Watts, which constitutes the basic unit of electrical demand. A watt is a metric measurement of power (not energy) and is the rate (not the duration) at which electricity is used. 1,000 kW is equal to 1 megawatt (MW). Lot Coverage: for the purpose of Solar Energy Systems, the Town of Cortlandville defines Lot coverage as the area of the solar energy system that is surrounded by fencing. Module: A module is the smallest protected assembly of interconnected PV cells. Native Perennial Vegetation: Native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation. Net Metering Agreement: An agreement with a local electric utility that allows customers to receive a credit for surplus electricity generated by certain renewable energy systems. Non-Participating Residence: Residences and Residential Structures on an adjacent parcel to where a Tier 3 solar energy system is proposed or an existing Tier 3 solar energy system is located. Pollinator: Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects. Prime farmland: Land in active agricultural production defined as active three (3) of the last five (5) years and is designated as “Prime Farmland” in the U. S. Department of Agriculture Natural Resources Conservation Service (NRCS)’s Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is also available for these land uses. Qualified Solar Installer: A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. Remote Net Metering: Allows solar photovoltaic owner generators to apply excess generation credits from the generator system (“Host Account”) to other meters on property that is owned or leased by the same customer and are within the same load zone as the generator (“Satellites”). Solar-based Architectural Element: Structural/architectural element that provides protection from weather that includes awnings, canopies, porches or sunshades and that is constructed with the primary covering consisting of solar PV modules, and may or may not include additional solar PV related equipment. Solar Photovoltaic (PV) Related Equipment: Items including a solar photovoltaic cell, panel or array, lines, mounting brackets, framing and foundations used for or intended to be used for collection of solar energy. PAGE 56 Solar collector: A photovoltaic cell, panel or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat. Solar Easement: A document recorded pursuant to NYS Real Property Law 335-b, the purpose of which is to secure the right to receive sunlight across real property of another for continued access to sunlight necessary to operate a Solar Energy System. Solar Energy Applicant: Any person, firm, corporation or any other entity submitting an application to the Town of Cortlandville for a Solar Energy System. Solar Energy Equipment: Solar collectors, controls, inverters, energy storage devices, and other materials and hardware, associated with the production of electrical or thermal energy from solar radiation. Solar Energy System: An electrical or thermal energy generating system composed of Solar Collectors, Solar Thermal Systems, and/or Solar Energy Equipment. A Solar Energy System in the Town of Cortlandville is classified as Tier 1, Tier 2, and Tier 3: - Tier 1. Solar Energy Systems includes the following: a. Building-Integrated Solar Energy Systems b. Building-Mounted Solar Energy Systems - Tier 2. Ground-Mounted Small-Scale Solar Energy Systems includes solar energy systems up to and including 2500 square feet (measuring the equipment surface area) and the principal purpose of which is to provide electrical power to be consumed onsite or to provide power to be shared with other power customers (which may include both physical and virtual aggregation). - Tier 3. Large-Scale Solar Energy Systems: a. A Tier 3.a. Solar Energy System is primarily for the purpose of onsite or offsite sale of electricity consumption and is larger than 2500 square feet in size of solar collectors (measuring the equipment surface area) per lot, and up to 10 acres (measuring the area that is surrounded by fencing). b. A Tier 3.b. Solar Energy System is over 10 acres in size (defined as fenced- in area that encloses the panels and other related solar energy equipment). Solar Panel: A photovoltaic device capable of collecting and converting solar energy into electrical energy. Solar Skyspace: The space between a Solar Energy System and the sun through which solar radiation passes. Solar Thermal System: A system in which water or other liquid is directly heated by the sunlight. The heated liquid is then used for purposes such as space heating and cooling, domestic hot water and the heating of swimming pools. Tracking System: A number of photovoltaic modules mounted such that that they track the movement of the sun across the sky to maximize energy production, either with a single-axis or dual-axis mechanism. Wildlife corridor: An area in the environment that functions as a passageway for the purpose of providing connectivity between wildlife species by means of dispersal and migration of individuals. Wildlife corridors offer the possibility of linking habitats and reducing the isolation of wildlife populations. SECTION 5. APPLICABILITY. 1. This Ordinance applies to all building-mounted and ground-mounted systems installed and constructed after the effective date of the Ordinance. Solar Energy PAGE 57 systems constructed prior to the effective date of this Ordinance are not required to meet the requirements of this Ordinance. 2. Any upgrade, modification or structural change that alters the size or placement of an existing solar energy system shall comply with the provisions of this Ordinance. 3. The installation of any Solar Energy System does not carry with it a right to a clear line of sight to the sun. It shall be the responsibility of the Applicant, installer, or developer to gain any and all solar easements or agreements to maintain a line of sight to the sun. 4. The substantive requirements and standards for Large Solar Energy Systems (Tier 3.a. and Tier 3.b.) set forth in this Ordinance are intended to apply to all projects with more than 2500 square feet in area of solar collectors, including large projects subject to the permitting authority of Section 94-c of the New York State Executive Law. SECTION 6. PERMITTED LOCATIONS. No solar energy system or device shall be installed or operated in the Town of Cortlandville except in compliance with this article. 1. Tier 1.a. and Tier 1.b. — Building-Integrated and Building-Mounted Solar Energy Systems a. Building-Integrated and Building-Mounted Solar Energy Systems are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure. b. Building-Integrated and Building-Mounted Solar Energy Systems shall not exceed the maximum height restrictions of the Zoning district within which they are located and are provided the same height exemptions that apply to building-mounted mechanical devices or equipment. c. All Building-Integrated and Building-Mounted Solar Energy Systems shall be exempt from the requirement for a Conditional Permit, unless such system increases the overall height of the structure by six (6) feet or more. d. All owners of Building-Integrated and Building-Mounted Solar Energy Systems must file a building permit application with the Code Office, and obtain a valid building permit, prior to starting their installation. 2. Tier 2 — Ground-Mounted Small -Scale Solar Energy Systems a. Ground-Mounted Small-Scale Solar Energy Systems are permitted as principal and accessory structures in all zoning districts. b. Ground-Mounted Small-Scale Solar Energy Systems shall not be located in the following areas, unless otherwise approved by the Planning Board in conjunction with a Conditional Permit provided in Article XIV/Section 178.73-77. i. Areas of potential environmental sensitivity, such as Unique Natural Areas, flood plains, historic sites, state-owned lands, conservation easements, trails, park land. Freshwater wetlands should be avoided but projects impacting regulated freshwater wetlands may be approved if any necessary permits are issued by the New York State Department of Environmental Conservation or the United States Army Corps of Engineers. ii. On slopes greater than fifteen percent (15%), unless the Solar Energy Applicant can demonstrate, through engineering studies and to the satisfaction of the Town, which the proposed development will cause no adverse environmental impact that will not be satisfactorily mitigated. PAGE 58 iii. Placement within the front yards of residential lots, if any above- ground portion of the system is within 100 feet of a public highway right-of-way. 3. Tier 3.a. — Ground-Mounted Large-Scale Solar Energy Systems—Less than 10 acres a. Ground-Mounted Large-Scale Solar Energy Systems are permitted as principal and accessory uses through the issuance of a Conditional Permit within Agricultural and Industrial Zoning Districts, subject to the requirements set forth in this section and section 7. i. Ground-Mounted Large-Scale Solar Energy Systems that produce electricity or thermal energy primarily for active farming or agricultural uses, where the generation is less than one hundred and ten percent(110%) of the farm use, shall be exempt from the requirement to obtain a Conditional Permit. b. Ground-Mounted Large-Scale Solar Energy Systems shall not be located in the following areas unless otherwise approved by the Town Planning Board in conjunction with the Conditional Permit approval process. i. Prime farmland as defined by this ordinance. The impact of up to 10% of the affected project acreage shall be considered incidental. ii. Areas of potential environmental sensitivity, including Unique Natural Areas, flood plains, historic sites, state-owned lands, conservation easements, trails, park land. Freshwater wetlands should be avoided but projects impacting regulated freshwater wetlands may be approved if any necessary permits are issued by the New York State Department of Environmental Conservation or the United States Army Corps of Engineers. iii. On slopes greater than fifteen percent (15%), unless the Solar Energy Applicant can demonstrate through engineering studies and to the satisfaction of the Town that the proposed development will cause no adverse environmental impact that will not be satisfactorily mitigated. c. No Conditional Permit or renewal thereof or amendment of a current Conditional Permit relating to a Ground-Mounted Large-Scale Solar Energy System shall be granted by the Town Planning Board unless the Solar Energy Applicant demonstrates that such Ground-Mounted Large-Scale Solar Energy System: i. Conforms to all federal and state laws and all applicable rules and regulations promulgated by any federal or state agencies having jurisdiction. ii. Is designed and constructed in a manner which minimizes visual impact to the extent practical. iii. Complies with all other requirements of the Town of Cortlandville Zoning Law. iv. Conforms to all adopted plans of the Town of Cortlandville. v. Complies with a fifty-foot (50) front yard, rear yard, and side yard setback. vi. Does not exceed twenty (20) feet in height. Utility poles for interconnection shall not be subject to the height restriction. vii. The lot coverage as defined by this solar ordinance shall not exceed 75 percent of the parcel size. 4. Tier 3.b. — Ground-Mounted Large-Scale Solar Energy Systems Larger than 10 acres PAGE 59 in size. a. Tier 3.b. Systems are very large systems that have the potential to significantly impact the Town of Cortlandville, its citizens and the economy of the community. b. Tier 3.b. Solar Energy Systems are permitted through the issuance of a Conditional Permit within the Agricultural and Industrial Zones and are subject to site plan review and the requirements set forth by the Planning Board. In addition to the above Tier 3.a. requirements and provisions, Tier 3.b. systems shall also include the requirements in Section 7 below. SECTION 7. CONDITIONAL PERMIT DESIGN AND INSTALLATION STANDARDS. 1. Appearance and Buffering: a. A visual impact assessment (VIA) will be required to determine the extent and significance of Tier 3.a. and Tier 3.b. Solar Energy Systems visibility. The Town Planning Board, at its discretion, may wave the requirement for the preparation of a VIA for both a Tier 3.a. and Tier 3.b. facility. The components of the VIA shall include identification of visually sensitive resources, viewshed mapping, confirmatory visual assessment fieldwork, visual simulations (photographic overlays), and a proposed Visual Impacts Minimization and Mitigation Plan as outlined in subdivision (d) of this section. The scope of the VIA shall be submitted to the Planning Board for its approval. The VIA shall address the following issues: i. The character and visual quality of the existing landscape; ii. The visibility and appearance of the facility, including all proposed components therein; iii. The visibility of all above-ground interconnections and roadways to be constructed within the facility as determined by the viewshed analysis; iv. The proposed facility lighting (including lumens, location and direction of lights for facility site and/or task use, and safety including worker safety); v. Representative views (photographic overlays) of the facility, including relevant front, side and rear views, indicating approximate elevations; vi. The nature and degree of visual change resulting from construction of the facility and above-ground interconnections; vii. The nature and degree of visual change resulting from operation of the facility and above-ground interconnections; viii. A description of all visual resources that would be affected by the facility. b. The viewshed analysis component of the VIA shall be conducted as follows: i. Viewshed maps depicting areas of facility visibility within one (1) mile of the facility, as well as any potential visibility from specific significant visual resources beyond the specified study area, shall be prepared and presented on a topographic base map, the scale of which is acceptable to the Cortlandville Town Planning Board. For those projects that are visible from Interstate 81, the viewshed maps shall be prepared within two (2) miles of the facility. A line-of-sight profile shall also be done for resources of concern, as approved by the Town Planning Board, located within the VIA study area. The viewshed maps shall provide an indication of areas of potential visibility based on topography and vegetation, the highest elevation of facility structures and distance zone (foreground, midground and background PAGE 60 areas). The potential screening effects of vegetation shall also be shown. Visually-sensitive sites, cultural and historical resources, representative viewpoints, photograph locations, and public vantage points within the view shed study area shall be included on the map(s) or an overlay. ii. The VIA shall include a description of the methodology used to develop the viewshed maps, including software, baseline information, and sources of data. iii. The viewshed mapping shall be used to determine the potential visibility from viewpoints to be analyzed (as indicated in the following paragraph iv of this section) and locations of viewer groups in the vicinity of the facility, as determined pursuant to the pre-application meeting(s) held with the Town of Cortlandville Planning Board or its designee. These shall include recreational areas, residential and business locations, historic properties (listed or eligible for listing on the State or National Register of Historic Places), and travelers (interstate and other highway users). iv. In developing the application, the applicant shall confer with the Town Planning Board, or its designee, and where appropriate, the Office of Parks, Recreation, and Historic Preservation (OPRHP) in its selection of important or representative viewpoints. Viewpoint selection is based upon the following criteria: (a) Representative or typical views from unobstructed or direct line- of-sight views; (b) Level of viewer exposure (i.e., frequency of viewers or relative numbers, including residential areas, or high-volume roadways); (c) Proposed land uses; and (d) Assessment of visual impacts pursuant to the requirements of adopted local laws or ordinances. c. Visual Contrast Evaluation. i. Photographic simulations of the facility shall be prepared from the representative viewpoints to demonstrate the post-construction appearance of the facility. ii. Additional revised simulations illustrating mitigation shall be prepared for those observation points for which mitigation is proposed in the application. d. Visual Impacts Minimization and Mitigation Plan. The Visual Impacts Minimization and Mitigation Plan shall include proposed minimization and mitigation alternatives based on an assessment of mitigation strategies, including screening (landscaping), architectural design, visual offsets, relocation or rearranging facility components, reduction of facility component profiles, alternative technologies, facility color and design, and lighting options for work areas and safety requirements. The facility design shall incorporate the following measures for the Visual Impacts Minimization and Mitigation Plan: i. The electrical collection system shall be located underground, to the extent practicable. Structures shall only be constructed overhead for portions where necessary based on engineering, construction, or environmental constraints; ii. Electric collection and transmission facilities design shall specify use of either wood poles or steel pole structures; steel poles shall be self- PAGE 61 weathering (such as Corten or equivalent) or other surface finish in dark brown or green color, non-glare finish; iii. Glare for Solar Facilities. Solar panels shall have anti-reflective coatings and the Visual Impacts Minimization and Mitigation Plan shall include an analysis using Sandia National Laboratories Solar Glare Hazard Analysis Tool (SGHAT) methodology or equivalent, that solar glare exposure at any non-participating residence, airport or public roadway will be avoided or minimized, and will not result in complaints, impede traffic movements or create safety hazards. iv. Planting Plans which shall include the facility substation; energy storage structures; and the point of interconnection (POI) Switchyard; and for components of solar generating facilities as appropriate to facility setting. v. A lighting plan(s), which shall address: (a) Security lighting needs at substation and switchyard sites, as applicable, and any exterior equipment storage yards; (b) Plan and profile figures to demonstrate the lighting area needs and proposed lighting arrangement and illumination levels to provide safe working conditions at the collection substation site, and any exterior equipment storage yards or other locations; (c) Exterior lighting design shall be limited to lighting required for health, safety, security, emergencies and operational purposes and shall be specified to avoid off-site lighting effects to the greatest extent practicable. 2. Access and Parking: a. Ground-Mounted Large-Scale Solar Energy Systems shall be enclosed by fencing to prevent unauthorized access. Warning signs with the owner’s name and emergency contact information shall be placed on any access point to the system and on the perimeter of the fencing. The fencing and the system shall be further screened by any landscaping or decorative fencing needed to avoid adverse aesthetic impacts as approved by the Town Planning Board. b. Motion-activated or staff-activated security lighting around the equipment area of a Ground-Mounted Large-Scale Solar Energy System or accessory structure entrance may be installed provided that impacts from such lighting are minimized to the greatest extent practical. Such lighting should only be activated when the area within the fenced perimeters has been entered. c. A locked gate at all entrances to the fenced -in area(s) of the solar energy system is required to obstruct entry by unauthorized vehicles. d. Equipment and vehicles not used in direct support, renovations, additions or repair of any Ground-Mounted Large-Scale Solar Energy System shall not be stored or parked on the facility site. 3. Engineering and Maintenance: a. Every Solar Energy System shall be built, operated and maintained to acceptable industry standards, including but not limited to the most recent, applicable standards of the Institute of Electric and Electronic Engineers (“IEEE”) and the American National Standards Institute (“ANSI”). b. The Town, at the expense of the Solar Energy Applicant, may employ its own consultant(s) to examine the application and related documentation and make recommendations as to whether the criteria for granting the Conditional Permit have been met, including whether the Applicant’s PAGE 62 conclusions regarding safety analysis, visual analysis, structural inspection, and storm water management aspects are valid and supported by generally accepted and reliable engineering and technical data and standards. The Applicant shall tender funds in an amount which is decided by the Town to be held in escrow by the Town. The Town shall administer the escrow funds and pay the consultant fees according to terms and conditions that are agreed upon by the Applicant and the Town. The execution of an escrow agreement signed by the Applicant and the Town is recommended. SECTION 8. SPECIAL PROVISION. The Town Planning Board may impose conditions on its approval of any Conditional Permit under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA). For purposes of this subsection, consideration may be given to any relevant portions of the current, amended and/or future Town of Cortlandville Comprehensive Plan and/or any other prior, current, amended and/or future officially recognized Town planning document or resource. SECTION 9. HEIGHT, SETBACK, AND SITING RESTRICTIONS. 1. Height: a. Tier 1—Building-mounted systems shall not exceed height limitations of the zoning district: i. System installed on a pitched roof that faces the front yard of a property, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of eighteen (18) inches between the roof and edge or surface of the system. ii. System installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached. iii. System installed on a flat roof, the highest point of the system shall be permitted to extend up to six (6) feet above the roof to which it is attached. b. Tier 2, Tier 3.a and Tier 3.b ground-mounted systems may not exceed the permitted height of accessory structures in the zoning district where the solar energy system is to be installed or an average of 20 feet from the ground, whichever is less. This height restriction does not apply to any substation(s) or utility pole(s). 2. Setback: a. Setback for Tier 2 Ground-mounted Systems as a primary use or accessory use are subject to setback requirements in the zoning district in which the system is to be constructed. b. Setback for Tier 3 ground-mounted systems as a primary use shall be 100 feet from any property line or 200 feet from any non-participating domiciliary residence, whichever is greater. c. The required setbacks are measured from the Property line to the nearest part of the system (except that the 200-foot setback from any non-participating domiciliary residence shall be measured from the domiciliary residence to the nearest physical part of the system). Fencing shall generally be considered to be the closet part of the solar energy system. No part of the ground-mounted system shall extend into the required setbacks due to a tracking system or other adjustment of solar energy-related equipment or parts. PAGE 63 d. Access roads, utility poles, and underground equipment are exempt from setback requirements. Storm water management facilities are also exempt from setback requirements. e. Setback requirements shall not apply to common interior property lines where two adjacent properties are part of the same project and controlled by the project sponsor. 3. Siting: a. Previously cleared or disturbed areas are preferred locations for Solar Panel Arrays. b. Layout and Orientation: Tier 3 solar energy systems should be designed in a manner that minimizes clearing and grading. The orientation and layout of solar panel arrays shall follow the natural contours of the landscape. c. Cut and fill shall be avoided to the maximum extent possible. Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction. d. Avoidance of Steep Slopes: Wooded slopes and steep slopes are part of the natural resources that define Cortlandville's character and attractiveness. Those resources should be protected from permanent alteration by minimizing clearing and development on steep slopes exceeding 15% for Tier 3 solar energy systems. e. Trees and forests—forests provide numerous benefits to the people of New York State including wildlife habitat, carbon sequestration, water quality protection, flood prevention and the production of timber products to name a few. Substantial forest conversions should generally be avoided, but there are situations when a project might be able to justify a substantial forest conversion; for example, even-aged planted plantations that provide little biodiversity. Forest conversions that result in forest fragmentation or the disruption of wildlife corridors is prohibited. Any application for a Tier 3 Large-Scale solar energy system approval that includes or requires tree cutting/substantial forest conversion must include a description/assessment of the benefits of the trees or forest to be cut and the environmental impacts of that tree cutting/forest conversion. Such assessment shall also include an analysis of alternatives and mitigation measures to minimize impacts. f. Native Vegetation. Tier 3 Solar Energy System owners shall develop, implement, and maintain vegetation native to the State of New York 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. Vegetation shall be maintained below solar panels. It is encouraged that the ground within the fenced perimeter shall not be tamped, compressed, or otherwise conditioned to inhibit the growth of natural vegetation. SECTION 10. NON-CONFORMANCE. 1. Tier 1—Building-mounted systems: a. If a building-mounted system is to be installed on any building or structure that is non-conforming because its height violates the height restrictions of the zoning district in which it is located, the building-mounted system shall be permitted, so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the other provisions of this Ordinance. b. If a building-mounted system is to be installed on a building or structure on a non-conforming property that does not meet the minimum setbacks required PAGE 64 and/or exceeds the lot coverage limits for the zoning district in which it is located, a building-mounted system shall be permitted, so long as there is no expansion of any setback or lot coverage non-conformity and so long as it complies with the other provisions of this Ordinance. 2. Tier 2 and Tier 3—Ground-mounted systems: a. If a ground-mounted system is to be installed on a property containing a structure that is non-conforming because the required minimum setbacks are exceeded, the proposed system shall be permitted so long as the system does not encroach into the established setback for the property. b. If a ground-mounted system is to be installed on a property that is non- conforming because it violates zoning district requirements other than setbacks, then a Conditional Permit must be obtained for the proposed installation. SECTION 11. SIGNAGE AND/OR GRAPHIC CONTENT. 1. No signage or graphic content may be displayed on the solar PV system except the manufacturer’s badge, safety information and equipment specification information. Said information shall be depicted within an area no more than thirty-six (36) square inches in size. 2. Disconnect and other emergency shutoff information will be clearly displayed on a light reflective surface. 3. 24-hour emergency contact information will be clearly displayed. 4. Systems and sites may not be used for displaying advertising except for reasonable identification of the owner/operator and shall comply with all signage restrictions. SECTION 12. PUBLIC NOTICING REQUIREMENTS. In addition to the Town of Cortlandville’s other public noticing requirements, adjoining property owners to all Tier 3(b) projects shall be provided notice of the Town of Cortlandville’s receipt of such an application. SECTION 13. RIGHT OF INSPECTION. 1. In order to verify that the Solar Energy System’s owners, and any and all lessees, renters, and/or operators of the Solar Energy System, place, construct, modify, and maintain such Systems, including solar collectors and solar inverters, in accordance with all applicable technical, safety, fire, building and zoning codes, laws, ordinances and regulations and other applicable requirements, the Town may inspect all facets of said System’s placement, construction, modification and maintenance. 2. Any inspections required by the Code Office that are beyond its scope or ability shall be at the expense of the Solar Energy Applicant. SECTION 14. DECOMMISSIONING (INCLUDING FINANCIAL SECURITY) AND ABANDONMENT. 1. Decommissioning Plan—Ground-Mounted Large-Scale Solar Energy System At the time of submittal of the application for a Conditional Permit for a Ground- Mounted Large-Scale Solar Energy System, the Solar Energy Applicant shall submit and agree to the performance of a decommissioning plan that includes the removal of the Solar Energy System and all associated equipment, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, and gates. Upon removal of a Ground- Mounted Large-Scale Solar Energy System, the land shall be restored to its previous condition, including but not limited to the seeding and sodding, as appropriate depending upon the season of the work, of exposed soils. 2. Financial Security PAGE 65 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 removal of the Ground-Mounted Large-Scale Solar Energy System and property restoration, with the Town of Cortlandville as the obligee, in an amount approved by the Town Planning Board (the amount to restore the site to its pre- construction or negotiated condition). Upon any amendment of the Conditional Permit, the Town Planning Board may adjust the required amount of the financial security bond to adequately cover increases in the cost of removal of the Ground-Mounted Large-Scale Solar Energy System and property restoration. In addition, the Solar Energy Applicant shall have the amount of financial security updated at 5-year intervals. 3. Abandonment/Decommissioning a. Abandonment - Ground-Mounted Large-Scale Solar Energy System - If such System ceases to perform its originally intended function for more than twelve (12) consecutive months, the Town may require its removal in accordance with the decommissioning plan. In the event a permitted solar energy system is considered to be abandoned, the Town Board shall provide the project sponsor an opportunity to explain the abandonment and may grant, as appropriate, without limitation, the project sponsor time to restore the solar energy system to operational status as it deems appropriate. If the Ground- Mounted Large-Scale Solar Energy System is not decommissioned after being considered abandoned, the Town may call in the financial security bond that the project sponsor has provided for this purpose and have the system removed and the property restored. b. Abandonment - All other Solar Energy Systems shall be considered abandoned after twelve (12) consecutive months without electrical energy or thermal energy generation and must be removed from the property. In the event a permitted solar energy system is considered to be abandoned, the Town Planning Board shall provide the project sponsor an opportunity to explain the abandonment and may grant, as appropriate, without limitation, the project sponsor time to restore the solar energy system to operational status as it deems appropriate. If the solar energy system is not decommissioned after being considered abandoned, the Town may remove the system and restore the property and impose a lien on the property to recover the cost to the Town. c. Decommissioning - At the time of decommissioning, whether as the result of abandonment or at the end of the solar energy system’s useful life, the Town Planning Board may allow certain infrastructure, such as culverts, access roads, and fencing, to remain in place at the request of the current landowner and with the concurrence of the solar energy system owner responsible for decommissioning. SECTION 15. PERMIT REQUIREMENTS. Before any construction or installation on any solar PV system shall commence, a building permit issued by town of Cortlandville shall be obtained to document compliance with this Ordinance. SECTION 16. BATTERY ENERGY STORAGE SYSTEMS. For the installation and use of battery energy storage systems, see Local Law Adopting the Town of Cortlandville’s Battery Energy Storage System Law of the Town of Cortlandville, New York. SECTION 17. PAYMENT IN LIEU OF TAXES (PILOT). For reduced costs to system developers and energy consumers, and an alternate revenue stream to the community, see Local Law Adopting the Town of Cortlandville’s Solar Energy System PILOT Law of the Town of Cortlandville, New York. SECTION 18. STATE ENVIRONMENTAL QUALITY REVIEW ACT. PAGE 66 This Local Law is classified a Type I action pursuant to 6 NYCRR § 617.4 (b) (2) under the State Environmental Quality Review Act. SECTION 19. SEVERABILITY. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in operation to the clause, sentence, paragraph, section or part hereof directly involved in the controversy in which such determination shall have been rendered. SECTION 20. EFFECTIVE DATE. This Local Law shall be effective upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law, and shall apply to all solar energy systems constructed. PAGE 67 TOWN OF CORTLANDVILLE TOWN BOARD MEETING – JULY 6, 2022 FILED WITH THE STATE EFFECTIVE – JULY 12, 2022 RESOLUTION #197 ADOPT LOCAL LAW NO. 5 OF 2022, “A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S VACANT PROPERTY LAW IN THE TOWN OF CORTLANDVILLE, NEW YORK” Motion by Councilman Cobb Seconded by Councilman Leach VOTES: Supervisor Williams Aye Councilman Cobb Aye Councilman Donlick Aye Councilman Guido Aye Councilman Leach Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law, “A Local Law Adopting the Town of Cortlandville’s Vacant Property Law in the Town of Cortlandville, New York”, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, now therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 5 of 2022, “A Local Law Adopting the Town of Cortlandville’s Vacant Property Law in the Town of Cortlandville, New York”, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. BE IT ENACTED by the Town Board of the Town of Cortlandville, as follows: SECTION 1. TITLE. This local law shall be known as “A Local Law to Adopt the Vacant Property Law in the Town of Cortlandville, New York.” SECTION 2. STATUTORY AUTHORITY. This Local Law is intended to be consistent with and is enacted by the Town Board of the Town of Cortlandville pursuant to its authority to adopt laws under the New York State Constitution, the New York State Municipal Home Rule Law, and the New York State Town Law. It is intended and is hereby declared to address matters of local concern only and is intended to act in furtherance of the Town’s authority with respect to existing zoning and land use laws and its police powers, related to the planning and physical use of real property within the Town. SECTION 3. PURPOSE AND INTENT. This section regulates buildings that remain vacant and are unsightly, unsafe and have a negative effect on their surroundings. Unfortunately, many buildings, once boarded, remain that way for many years. The purpose of this chapter is to establish a program for identifying and registering vacant buildings; to determine the responsibilities of owners of vacant buildings and PAGE 68 structures; to speed the rehabilitation of the vacant properties; and to minimize the adverse impact(s) on the adjacent and surrounding neighboring properties. SECTION 4. DEFINITIONS. As used in this section, the following terms shall have the meanings indicated: Enforcement Officer: A duly authorized representative of the Code Enforcement Office. Owner: Those shown to be the owner or owners on the records at the Town of Cortlandville’s Assessor’s Office, on a vacant building registration form, a mortgagee in possession, a mortgagor in possession, assignee of rents, receiver, executor, trustee, lessee, other person, firm or legal entity in control of the premises. Any such person shall have a joint and several obligation for compliance with the provisions of this chapter and shall be a responsible party for compliance with the provisions of this law. Secured: All means of ingress and egress, including but not limited to all doorways and windows, shall be in a good state of repair, without any broken glass or other damage that might allow entry or create an eyesore, and shall be securely locked. Secured by Other Than Normal Means: A building secured by means other than those used in the design of the building. Unoccupied: A building which is not being used for an occupancy authorized by the owner. Unsecured: A building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders. Vacant Building: A building or portion of a building which is unoccupied and unsecured; unoccupied and secured by other than normal means; unoccupied and an unsafe building as determined by the Code Enforcement Office; unoccupied and has multiple housing or building code violations; illegally occupied; or unoccupied for a period of time over 180 days, and not currently listed for sale. SECTION 5. REGISTRATION REQUIRED. The owner shall register with the Codes Department not later than 30 days after any building in the Town becomes a vacant building or not later than 30 days after being notified by the Code Enforcement Office of the requirement to register. The Codes Department may identify vacant buildings through its routine inspection process as well as through notification by residents, neighborhood associations and other community groups that a building may be eligible for inclusion on the registry. SECTION 6. REGISTRATION INFORMATION. The registration shall be submitted on forms provided by the Code Enforcement Office and shall include the following information supplied by the owner: 1. Description of the premises, including tax map number and property mailing address; 2. The names, mailing addresses, e-mail addresses, and telephone numbers of the owner or owners; 3. The names, mailing addresses, e-mail addresses, and telephone numbers of any third party with whom the owner has entered into a contract or agreement for property management within a twenty-five-mile radius of the City of Cortland; 4. The names, mailing address, email address and telephone number of all known lien holders, and all other parties with an ownership interest in the building; 5. A telephone number where a responsible party can be reached at all times during business and non-business hours; and 6. A vacant building plan as described in Section 7. SECTION 7. VACANT BUILDING PLAN. The owner shall submit a vacant building plan which must meet the approval of the Enforcement Officer. The plan, at a minimum, must contain information from one of the following three choices for the property: PAGE 69 1. If the building is to be demolished, a demolition plan including the proposed time frame for demolition. 2. If the building is to remain vacant, a plan for the securing of the building, along with the procedure that will be used to maintain the property and a statement of the reasons why the building will be left vacant. 3. If the building is to be returned to appropriate occupancy or use, a rehabilitation plan for the property is required. The rehabilitation plan shall not exceed 365 days, unless the Enforcement Officer grants an extension upon receipt of a written statement from the owner detailing the reasons for the extension. Any repairs, improvements, alterations to or demolition of the property must comply with any applicable zoning, housing, historic preservation or building codes and must be secured as per local code, if applicable, during the rehabilitation. All expenditures necessary to comply with this law is at the expense of the owner. SECTION 8. CHANGES TO THE VACANT BUILDING PLAN. All applicable laws and codes shall be complied with by the owner. The owner shall notify the Enforcement Officer of any changes in information supplied as part of the vacant building registration within 30 days of the change. If the plan or timetable for the vacant building is revised in any way, the revisions must be in writing and must meet the approval of the Enforcement Officer. SECTION 9. ALL VACANT BUILDINGS MUST BE SECURED. All vacant buildings must be secured as defined in Section 4. Any vacant building that is not so secured shall be promptly physically secured, meaning that all means of ingress and egress at all floor levels shall be covered over so as to ensure the continued security of the building and to reduce the negative impact on the neighborhood. The method of physically securing a vacant building shall be proposed in writing and approved by the Code Enforcement Officer. When it is required by this chapter that a building be physically secured, it shall be the responsibility of the owner to have the electric, water, and gas service, if any, shut off from the building by contacting the power provider's customer service. Service may not be reconnected until repair and rehabilitation work or occupancy actually commences. SECTION 10. MAINTENANCE OF ALL VACANT BUILDINGS. In addition to securing the building required in Section 8, the following minimum requirements shall be met for all vacant buildings: 1. The roof shall be structurally sound and weather tight; 2. All combustible trash and debris shall be removed from the building. Any portions of the exterior of the main building or accessory buildings, including but not limited to walls, porches, stairs, parapet walls and chimneys, that are deteriorated so as to be in danger of collapse or to otherwise constitute a hazard or allow penetration of water into the building shall be repaired or replaced or otherwise made safe and weather tight; 3. The grounds surrounding the building shall be cleared and kept cleared of all litter, rubble, debris, trash and junk and of all grass or weeds in excess of six inches in height; and 4. All plumbing and heating systems that contain water shall be completely drained and kept empty between October 15 and April 15, and an antifreeze solution shall be added to all plumbing traps in the building. This shall not apply if the building is adequately heated during that time period. SECTION 11. INSPECTIONS. The Codes Department shall examine or cause to be examined annually every vacant commercial building as a Fire and Safety inspection, and the exterior of every vacant residential building. Upon such inspection, if deemed unsafe, a follow up site visit will be required and scheduled for a review by a competent design professional currently licensed by New York State, at the owner’s expense, for reviewing the structural, mechanical, interior and exterior portions of the property. Whenever the Code Enforcement Office shall find a vacant building, structure, or a portion thereof to be an unsafe, they shall give the owner, agent or person in control of such building or structure written notice stating the defects thereof. PAGE 70 In conjunction with the professional designer and the Codes Department, a determination shall be made for the owner to comply with the Vacant Building Plan in Section 7. Nothing contained herein, however, shall diminish the owner's right to insist upon the procurement of a search warrant from a court of competent jurisdiction by the Enforcement Officer or their designee in order to enable such inspection, and the Enforcement Officer shall be required to obtain a search warrant whenever an owner refuses to permit a warrantless inspection of the premises after having been advised of their constitutional right to refuse entry without same. SECTION 12. VACANT BUILDING REGISTRATION FEES. The owner of a vacant building shall pay an annual fee of $500 for residential buildings and $1,000 for commercial building for the period the building remains a vacant building. SECTION 13. VACANT PLACARDING. After a structure has been deemed vacant pursuant to this Town of Cortlandville’s Vacant Property Law, the property shall be posted with information for interested parties. Additionally, if there are code violations or the property is deemed unsafe by the Town Building Code Department, the property will also be placarded with a red box with a white “X” to alert the public that the building is unsafe. SECTION 14. CONTACT TOWN BUILDING CODE DEPARTMENT. Once a building has been deemed vacant, the property owner or agent shall contact the Town of Cortlandville Building Code Department before any work is performed on the structure. The Building Code Department can be reached by phone at (607) 756-7490 or in person at the Raymond G. Thorpe Municipal Building at 3577 Terrace Road. SECTION 15. PENALTIES FOR OFFENSES. Anyone violating any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $250 or by imprisonment for a term of not more than 15 days, or by both such fine and imprisonment. SECTION 16. SEVERABILITY. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in operation to the clause, sentence, paragraph, section or part hereof directly involved in the controversy in which such determination shall have been rendered. SECTION 17. EFFECTIVE DATE. This Local Law shall be effective upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law, and shall apply to all vacant properties existing at the time of the effective date. PAGE 71 TOWN OF CORTLANDVILLE TOWN BOARD MEETING – AUGUST 3, 2022 FILED WITH THE STATE EFFECTIVE AUGUST 9, 2022 RESOLUTION #225 ADOPT LOCAL LAW NO. 6 OF 2022, “A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S PARTICIPATION IN MEETINGS VIA VIDEOCONFERENCE IN THE TOWN OF CORTLANDVILLE, NEW YORK” Motion by Councilman Leach Seconded by Councilman Donlick VOTES: Supervisor Williams Aye Councilman Cobb Aye Councilman Donlick Aye Councilman Guido Aye Councilman Leach Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law, “A Local Law Adopting the Town of Cortlandville’s Participation in Meetings Via Videoconference in the Town of Cortlandville, New York”, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, now therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 6 of 2022, “A Local Law Adopting the Town of Cortlandville’s Participation in Meetings Via Videoconference in the Town of Cortlandville, New York”, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. BE IT ENACTED by the Town Board of the Town of Cortlandville, as follows: SECTION 1. TITLE. This local law shall be known as “A Local Law to Adopt the Participation in Meetings via Videoconference in the Town of Cortlandville, New York.” SECTION 2. STATUTORY AUTHORITY. This Local Law is intended to be consistent with and is enacted by the Town Board of the Town of Cortlandville pursuant to its authority to adopt laws under the New York State Constitution, the New York State Municipal Home Rule Law, and the New York State Town Law. It is intended and is hereby declared to address matters of local concern only and is intended to act in furtherance of the Town’s authority with respect to Public Officers Law § 103- a. SECTION 3. PURPOSE AND INTENT. It is the intent of this local law to give the Town of Cortlandville’s public bodies as that term is defined in Public Officers Law § 102 the authority to participate in meetings via videoconference from locations not accessible to the public in a manner consistent with the town’s videoconferencing policy and the authority granted in Public Officers Law § 103-a. PAGE 72 SECTION 4. VIDEOCONFERENCING FOR PUBLIC MEETINGS. The Town Board of the Town of Cortlandville hereby authorizes all members of the town’s public bodies to participate in meetings using videoconferencing technology in a manner consistent with Public Officers Law § 103-a and the town’s videoconferencing policy adopted by the Town Board. SECTION 5. SEVERABILITY. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in operation to the clause, sentence, paragraph, section or part hereof directly involved in the controversy in which such determination shall have been rendered. SECTION 6. EFFECTIVE DATE. This Local Law shall be effective upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law, and shall apply to all meetings of the town’s public bodies. PAGE 73 TOWN OF CORTLANDVILLE TOWN BOARD MEETING – DECEMBER 7, 2022 FILED WITH THE STATE EFFECTIVE DECEMBER 22, 2022 RESOLUTION #340 ADOPT LOCAL LAW NO. 7 OF 2022, “A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S PRIVATE FIRE HYDRANT LAW IN THE TOWN OF CORTLANDVILLE, NEW YORK” Motion by Councilman Cobb Seconded by Councilman Leach VOTES: Supervisor Williams Aye Councilman Cobb Aye Councilman Donlick Aye Councilman Guido Aye Councilman Leach Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law, “A Local Law Adopting the Town of Cortlandville’s Private Fire Hydrant Law in the Town of Cortlandville, New York”, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, now therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 7 of 2022, “A Local Law Adopting the Town of Cortlandville’s Private Fire Hydrant Law in the Town of Cortlandville, New York”, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. BE IT ENACTED by the Town Board of the Town of Cortlandville, as follows: SECTION 1. TITLE. This local law shall be known as “A Local Law to Adopt the Private Fire Hydrant Law in the Town of Cortlandville, New York.” SECTION 2. STATUTORY AUTHORITY. This Local Law is intended to be consistent with and is enacted by the Town Board of the Town of Cortlandville pursuant to its authority to adopt laws under the New York State Constitution, the New York State Municipal Home Rule Law, and the New York State Town Law. It is intended and is hereby declared to address matters of local concern only and is intended to act in furtherance of the Town’s authority with respect to existing zoning and land use laws and its police powers, related to the planning and physical use of real property within the Town. PAGE 74 SECTION 3. PURPOSE AND INTENT. The purpose of this chapter is to establish a program for identifying and registering private fire hydrants; to determine the responsibilities of owners of private fire hydrants; and to ensure the proper functioning of fire safety equipment in the Town of Cortlandville to protect public safety. SECTION 4. DEFINITIONS. As used in this section, the following terms shall have the meanings indicated: Enforcement Officer: A duly authorized representative of the Cortlandville Water Department. Hydrant: The above ground appliance (as defined by the National Fire Protection Association (NFPA)) used to provide a water supply to fire apparatus in the event of a fire or other emergency. Private hydrant: A fire hydrant located on private property, whose water is provided by the Town of Cortlandville or by other means, but the underground piping in which the water moves and the hydrants are owned and maintained by the property owner. Hydrant owner: The person or entity (or their designee), according to Town of Cortlandville records, who is responsible for tax payments (or other payments to the Town) for the property on which the hydrant is installed. Hydrant maintenance: The process of regular maintenance of a fire hydrant to determine its capability to provide the desired water supply for which it was designed; and to exercise all valves, caps, etc.; and to lubricate and paint as needed. SECTION 5. IDENTIFICATION OF PRIVATE HYDRANTS. All private fire hydrants shall be marked by an approved identification means and shall be painted according to the Town of Cortlandville Fire Department’s standard. SECTION 6. NEW INSTALLATIONS. 1. The Town of Cortlandville Water Department shall oversee the instal lation of all new installations of private fire hydrants, which must conform to applicable standards. 2. Failure to meet these standards shall be cause to deny either a temporary or final permit by the Town of Cortlandville, or the revocation of any existing permits. 3. Upon installation and prior to the flowing of any water via a newly installed private Hydrant, the Town of Cortlandville Water Department shall be contacted and shall inspect the private hydrant. No water shall be allowed to flow through any private hydrant without documentation by the Town of Cortlandville Water Department of the inspections and a determination by the Town of Cortlandville Water Department that the private hydrant complies with all applicable standards, rules and regulations. SECTION 7. MAINTENANCE. 1. All private hydrants must meet the private hydrant standards, and include, at minimum: a. Verify ability to find hydrant, debris cleared b. Verify ability to open hydrant c. Verify ability to utilize hydrant for fire protection or maintenance purposes d. Verify hydrant drains properly e. Reasonably assess status of paint and repaint, if necessary f. Lubricate all caps with food grade grease g. Confirm auxiliary valve is open PAGE 75 h. Confirm a measured clearance of no less than fourteen inches between the bottom of all connections and the ground or installed base i. Tag inoperable hydrants with a clearly visible mark j. Flow tests 2. The Town of Cortlandville Water Department shall be contacted prior to the flowing of any water via private fire hydrants. 3. The Town of Cortlandville Fire Department shall be notified if such a water flow could also result in receipt of a false alarm from an installed fire suppression system. SECTION 8. AUTHORIZED INSPECTION. The owner of a private fire hydrant located on non-Town owned property shall maintain and have such hydrant annually inspected and flow tested by the Town of Cortlandville. The cost of inspections shall be at the expense of the property owner as determined by the Town of Cortlandville. SECTION 9. NOTIFICATIONS AND ACCESS. The Cortlandville Water Department shall be contacted regarding any private hydrant that: 1. is taken out of service immediately upon discovery of the issue placing the hydrant out of service; 2. upon completion of any work performed on a private hydrant, prior to placing a private hydrant back in service, no water shall be allowed to flow through any private hydrant without documentation by the Town of Cortlandville Water Department of the inspection and a determination by the Superintendent that the private hydrant complies with all applicable standards, rules and regulations; 3. No person will shut off, disconnect, remove or disable a private hydrant without the Town of Cortlandville approval; 4. The Town of Cortlandville Water Department shall have access onto properties containing Private Hydrants, as necessary, for the purposes of inspecting for leaks. SECTION 10. DUTY TO REPAIR. 1. Underground repairs. Upon notice of required repairs issued by the Town of Cortlandville, the property owner must complete such repairs and certify that the hydrant meets the inspection standards herein, within 30 days of such notice. 2. Aboveground repairs. All above ground repairs will be performed by the Town of Cortlandville, and the cost of these repairs shall be at the expense of the property owner. SECTION 11. PENALTIES – FAILURE TO INSPECT, FAILURE TO REPAIR, NON- COMPLIANCE, FRAUD. 1. Anyone violating any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $250 or by imprisonment for a term of not more than 15 days, or by both such fine and imprisonment. 2. Prior to commencing enforcement action for a violation of this law, the enforcing person shall give the property owner a 30 day written notice to comply with the law. Each day a hydrant is not in compliance with this law, and each hydrant found to be in violation of this bylaw, shall constitute a separate offense. SECTION 12. SEVERABILITY. PAGE 76 If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in operation to the clause, sentence, paragraph, section or part hereof directly involved in the controversy in which such determination shall have been rendered. SECTION 13. EFFECTIVE DATE. This Local Law shall be effective upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law, and shall apply to all vacant properties existing at the time of the effective date. PAGE 77 TOWN OF CORTLANDVILLE TOWN BOARD MEETING – FEBRUARY 1, 2023 FILED WITH THE STATE EFFECTIVE FEBRUARY 14, 2023 RESOLUTION #71 ADOPT LOCAL LAW NO. 1 OF 2023, “A LOCAL LAW AMENDING THE TOWN OF CORTLANDVILLE’S CHAPTER 86 FIRE PREVENTION AND BUILDING CODE ADMINISTRATION” Motion by Councilman Donlick Seconded by Councilman Guido VOTES: Supervisor Williams Aye Councilman Cobb Aye Councilman Donlick Aye Councilman Guido Aye Councilman Leach Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law, “A Local Law Amending the Town of Cortlandville’s Chapter 86 Fire Prevention and Building Code Administration”, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, now therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 1 of 2023, “A Local Law Amending the Town of Cortlandville’s Chapter 86 Fire Prevention and Building Code Administration”, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. BE IT ENACTED by the Town Board of the Town of Cortlandville, as follows: SECTION 1. TITLE. This local law shall be known as “A Local Law Amending the Town of Cortlandville’s Chapter 86 Fire Prevention and Building Code Administration.” SECTION 2. STATUTORY AUTHORITY. This Local Law is intended to be consistent with and is enacted by the Town Board of the Town of Cortlandville pursuant to its authority to adopt laws under the New York State Constitution, the New York State Municipal Home Rule Law, and the New York State Town Law. It is intended and is hereby declared to address matters of local concern only and is intended to act in furtherance of the Town’s authority with respect to existing zoning and land use laws and its police powers, related to the planning and physical use of real property within the Town. PAGE 78 SECTION 3. PURPOSE AND INTENT. The purpose of this local law is to update the Town of Cortlandville’s Fire Prevention and Building Code Administration and Enforcement to be in compliance with 19 NYCRR Part 1203. SECTION 4. CHAPTER 86-18. The stricter requirements contained herein and in 19 NYCRR Part 1203 shall govern. SECTION 5. SEVERABILITY. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in operation to the clause, sentence, paragraph, section or part hereof directly involved in the controversy in which such determination shall have been rendered. SECTION 6. EFFECTIVE DATE. This Local Law shall be effective upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law, and shall apply to all vacant properties existing at the time of the effective date. PAGE 79 TOWN OF CORTLANDVILLE TOWN BOARD MEETING – FEBRUARY 1, 2023 FILED WITH THE STATE EFFECTIVE FEBRUARY 14, 2023 RESOLUTION #72 ADOPT LOCAL LAW NO. 2 OF 2023, “A LOCAL LAW AMENDING THE TOWN OF CORTLANDVILLE’S CHAPTER 1 GENERAL PROVISIONS §1-7 AMENDMENTS TO CODE” Motion by Councilman Donlick Seconded by Councilman Guido VOTES: Supervisor Williams Aye Councilman Cobb Aye Councilman Donlick Aye Councilman Guido Aye Councilman Leach Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law, “A Local Law Amending the Town of Cortlandville’s Chapter 1 General Provisions §1-7 Amendments to Code”, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, now therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 2 of 2023, “A Local Law Amending the Town of Cortlandville’s Chapter 1 General Provisions §1-7 Amendments to Code”, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. BE IT ENACTED by the Town Board of the Town of Cortlandville, as follows: SECTION 1. TITLE. This local law shall be known as “A Local Law Amending the Town of Cortlandville’s Chapter 1 General Provisions § 1-7 Amendments to Code” to amend Zoning Code § 1-7. SECTION 2. STATUTORY AUTHORITY. This Local Law is intended to be consistent with and is enacted by the Town Board of the Town of Cortlandville pursuant to its authority to adopt laws under the New York State Constitution, the New York State Municipal Home Rule Law, and the New York State Town Law. It is intended and is hereby declared to address matters of local concern only and is intended to act in furtherance of the Town’s authority with respect to existing zoning and land use laws and its police powers, related to the planning and physical use of real property within the Town. SECTION 3. PURPOSE AND INTENT. The purpose of this law is to formalize the procedure to change fees in General Legislation for the Town of Cortlandville that require fees. PAGE 80 SECTION 4. AFFECTED GENERAL LEGISLATION CHAPTERS. § 59 Animals § 74 Circuses and Carnivals § 86 Fire Prevention and Building Code Administration and Enforcement § 115 Parks and Recreational Areas § 140 Subdivision of Land § 151 Trailers and Trailer Parks § 155 Transient Businesses § 171 Water and Sewers § 175 Wind Energy Facilities § 178 Zoning Vacant Property SECTION 5. AMENDING FEES BY TOWN BOARD RESOLUTION. § 1-7 Amendments to Code shall be amended to add “All fees adopted by the Town of Cortlandville Town Board may be amended by Town Board resolution, and be available on file at the Town of Cortlandville.” SECTION 6. SEVERABILITY. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in operation to the clause, sentence, paragraph, section or part hereof directly involved in the controversy in which such determination shall have been rendered. SECTION 7. EFFECTIVE DATE. This Local Law shall be effective upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law, and shall apply to all vacant properties existing at the time of the effective date. PAGE 81 TOWN OF CORTLANDVILLE TOWN BOARD MEETING – MAY 3, 2023 FILED WITH THE STATE EFFECTIVE MAY 23, 2023 RESOLUTION #159 ADOPT LOCAL LAW NO. 3 OF 2023, “A LOCAL LAW AMENDING THE TOWN OF CORTLANDVILLE’S CHAPTER 178-76 ZONING CONDITIONAL PERMIT ADDITIONAL SPECIFIC REQUIREMENTS” Motion by Councilman Leach Seconded by Councilman Donlick VOTES: Supervisor Williams Aye Councilman Cobb Aye Councilman Donlick Aye Councilman Guido Aye Councilman Leach Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law, “A Local Law Amending the Town of Cortlandville’s Chapter 178-76 Zoning Conditional Permit Additional Specific Requirements”, to update the Town of Cortlandville’s zoning code conditional permit requirements in conformity with Appendix D Fire Apparatus Access Roads, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, now therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 3 of 2023, “A Local Law Amending the Town of Cortlandville’s Chapter 178 - 76 Zoning Conditional Permit Additional Specific Requirements”, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. BE IT ENACTED by the Town Board of the Town of Cortlandville, as follows: SECTION 1. TITLE. This local law shall be known as “A Local Law Amending the Town of Cortlandville’s Chapter 178-76 Zoning Conditional Permit Additional Specific Requirements.” SECTION 2. STATUTORY AUTHORITY. This Local Law is intended to be consistent with and is enacted by the Town Board of the Town of Cortlandville pursuant to its authority to adopt laws under the New York State Constitution, the New York State Municipal Home Rule Law, and the New York State Town Law. It is intended and is hereby declared to address matters of local concern only and is intended to act in furtherance of the Town’s authority with respect to existing zoning and land use laws and its police powers, related to the planning and physical use of real property within the Town. PAGE 82 SECTION 3. PURPOSE AND INTENT. The purpose of this local law is to update the Town of Cortlandville’s zoning code conditional permit requirements in conformity with Appendix D Fire Apparatus Access Roads. SECTION 4. CHAPTER 178-76(A)(1) Multifamily dwellings with over four dwelling units must have two means of egress and ingress, unless, at the approval of the Cortlandville Code Office and Cortlandville Board of Fire Commissioners, the building is equipped with proper fire prevention equipment pursuant to the New York State Fire Code Appendix D Fire Apparatus Access Roads D105.1. SECTION 5. SEVERABILITY. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in operation to the clause, sentence, paragraph, section or part hereof directly involved in the controversy in which such determination shall have been rendered. SECTION 6. EFFECTIVE DATE. This Local Law shall be effective upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law, and shall apply to all vacant properties existing at the time of the effective date. PAGE 83 TOWN OF CORTLANDVILLE TOWN BOARD MEETING – JUNE 7, 2023 FILED WITH THE STATE EFFECTIVE JULY 6, 2023 RESOLUTION #179 ADOPT LOCAL LAW NO. 4 OF 2023, “A LOCAL LAW AUTHORIZING REAL PROPERTY TAX EXEMPTION FOR VOLUNTEER FIREFIGHTERS AND VOLUNTEER AMBULANCE SERVICE WORKERS” Motion by Councilman Leach Seconded by Councilman Donlick VOTES: Supervisor Williams AYE Councilman Cobb ABSTAIN Councilman Donlick AYE Councilman Guido AYE Councilman Leach AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law, “A Local Law Authorizing Real Property Tax Exemption for Volunteer Firefighters and Volunteer Ambulance Service Workers”, providing for a real property tax exemption for the primary residence owned by a volunteer firefighter or volunteer ambulance service workers, pursuant to Real Property Tax Law §466-a, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, now therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 4 of 2023, “A Local Law Authorizing Real Property Tax Exemption for Volunteer Firefighters and Volunteer Ambulance Service Workers”, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. BE IT ENACTED by the Town Board of the Town of Cortlandville, as follows: SECTION 1. TITLE. This local law shall be known as “Real Property Tax Exemption for Volunteer Firefighters and Volunteer Ambulance Service Workers.” SECTION 2. STATUTORY AUTHORITY. This Local Law is intended to be consistent with and is enacted by the Town Board of the Town of Cortlandville pursuant to its authority to adopt laws under the New York State Constitution, the New York State Municipal Home Rule Law, and the New York State Town Law. It is intended and is hereby declared to address matters of local concern only and is intended to act in furtherance of the Town’s authority with respect to existing zoning and land PAGE 84 use laws and its police powers, related to the planning and physical use of real property within the Town. SECTION 3. PURPOSE AND INTENT. The state Real Property Tax Law has been amended by adding a new §466-a regarding a partial real property tax exemption for the primary residence owned by a volunteer firefighter or volunteer ambulance service workers. The intent of this local law is to continue and expand the partial real property tax exemption currently offered by the Town consistent with the terms of the newly amended statute. SECTION 4. GRANT OF EXEMPTION. Residential real property owned by an enrolled member of the Cortlandville Fire Department shall be exempt from taxation and assessments levied by the Town to the extent of ten percent (10%) of the assessed value of such property, exclusive of special assessments, subject to the requirements set forth in this Local Law. SECTION 5. ELIGIBILITY. Such exemption shall not be granted unless: A. The applicant resides in the Town of Cortlandville; B. the property is the primary residence of the applicant; C. the property is used exclusively for residential purposes, however, that if any portion of such property is not used exclusively for the applicant’s residence but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this local law; and D. the applicant has been certified by the Board of Fire Commissioners of the Fire District as an enrolled member who has served the Cortlandville Fire Department for at least two years. The applicant must submit such certification together with the tax exemption application. SECTION 6. GRANT OF LIFETIME EXEMPTION. Any enrolled member of the Cortlandville Fire Department who accrues more than twenty years of active service, and is so certified by the Board of Fire Commissioners of the Fire District, shall be granted the ten percent (10%) exemption authorized by this local law for the remainder of his or her life as long as his or her primary residence is located within the Town of Cortlandville. SECTION 7. EXEMPTION FOR SPOUSE OF DECEASED MEMBER KILLED IN LINE OF DUTY. The property tax exemption authorized by this local law and granted to an enrolled member of the Cortlandville Fire Department shall, upon application, be continued to such deceased enrolled member’s un-remarried spouse if such member is killed in the line of duty, provided that: A. Such un-remarried spouse is certified by the Board of Fire Commissioners of the Fire District as an un-remarried spouse of such enrolled member who was killed in the line of duty; B. such deceased volunteer had been an enrolled member for at least five (5) years; and C. such deceased volunteer had been receiving the exemption prior to his or her death. SECTION 8. EXEMPTION FOR SPOUSE OF DECEASED MEMBER NOT KILLED IN THE LINE OF DUTY. PAGE 85 The property tax exemption authorized by this local law and granted to an enrolled member of the Cortlandville Fire Department shall, upon application, be continued to such deceased enrolled member’s un-remarried spouse, provided that: A. Such un-remarried spouse is certified by the Board of Fire Commissioners of the Fire District as an un-remarried spouse of such enrolled member; B. such deceased volunteer had been an enrolled member for at least twenty (20) years; and C. such deceased volunteer and un-remarried spouse had been receiving the exemption prior to the death of such volunteer. SECTION 9. APPLICATION. An application form for such exemption and a certification provided by the Board of Fire Commissioners of the Fire District shall be filed with the Assessor for the Town of Cortlandville on or before the taxable status date of each year or as otherwise required as prescribed by New York State. SECTION 10. NO DIMINUTION OF BENEFITS. No applicant who is a volunteer firefighter or ambulance worker who by reason of such status is receiving any benefit under the provisions of Article 4of the New York State Real Property Tax Law on the effective date of this local law shall suffer any diminution of such benefits because of the provisions of this Local Law. SECTION 11. SEVERABILITY. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in operation to the clause, sentence, paragraph, section or part hereof directly involved in the controversy in which such determination shall have been rendered. SECTION 12. EFFECTIVE DATE. This Local Law shall be effective upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law.