HomeMy WebLinkAboutI - 01 (1) Solar Law - Code to PermitTOWN OF CORTLANDVILLE
LOCAL LAW NO. _____ 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
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 Ho me 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 sust ainable 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.
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 Stat e 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 equip ment.
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.
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
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 citing authority of Section 94c 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 t he Building Department,
and obtain a valid building permit, prior to starting t heir installation.
2. Tier 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.
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 t o the
satisfaction of the Town, which the proposed development will cause no
adverse environmental impact that will not be satisfactorily mitigated.
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.
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.) Except as provided in subsection 2a above, Ground-Mounted Small-
Scale Solar Energy Systems shall be exempt from the requirement for a
Conditional Permit.
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 Agriculture and 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 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 visua l
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 Syst ems Larger than 10
acres in size.
i. 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.
ii. 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 E 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 proposed Visual Impacts
Minimization and Mitigation Plan as outlined in subdivisio n (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 view shed 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 t he 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
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 (4) 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 appropriat e, 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 o ffsets,
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 locat ed underground, to the
extent practicable. Structures shall only be construct ed overhead for
portions where necessary based on engineering, construct ion, 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-
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 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 locat ions;
(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 effect s 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 t he 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 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
consultant 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 dist rict 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 fro m 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.
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 inter ior 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 t hat 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 native vegetation to the extent practicable pursuant
to a vegetation management plan by providing native perennial vegetation and
foraging habitat beneficial to game birds, songbirds, and pollinators. To the
extent practicable, when establishing perennial vegetation and beneficial
foraging habitat, the owners shall use native plant species and seed mixes.
Vegetation shall be maintained below solar panels. It is encouraged that the
ground within the fenced perimeter shall not be tamped, co mpressed, or
otherwise conditioned to inhibit the growth of natural vegetation.
SECTION 9. 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-mount ed 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. 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 10. 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 11. 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.
SECTION 11. 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
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 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 t he cost of removal of the
Ground-Mounted Large-Scale Solar Energy System and propert y 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 t he 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 t ime 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, whet her 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 11. 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 12. BATTERY ENERGY STORAGE SYSTEMS.
For the installation and use of battery energy storage systems, see Local Law __.
SECTION 13. 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 __ for payments in lieu of taxes
(PILOT).
SECTION 14. 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 15. 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 16. 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.