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
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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.
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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.
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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
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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
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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-
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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
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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.
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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
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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
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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.
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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.
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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:
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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.
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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.