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HomeMy WebLinkAbout2022-02-16 Proposed Local Law - Amendment to Solar Energy SystemsTOWN 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-mount ed 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 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 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. 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 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. 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 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 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 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 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 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 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 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 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 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 Code Office that are beyond its scope or ability shall be at the expense of the Solar Energy Applicant. SECTION 12. 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 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 So lar 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 t he 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, 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 13. 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 14. BATTERY ENERGY STORAGE SYSTEMS. For the installation and use of battery energy storage systems, see Local Law __. SECTION 15. 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 16. 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 17. 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 18. 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.