HomeMy WebLinkAboutI - 15(1) Town of Cortlandville - County Planning Review, Recommendations & Resolution (ZTA Solar Energy Systems)Cortland County Planning Department TRisHA R. JESSET, PE
60 Central Ave • Cortland, New York 13045-2838 Dimctor of Planning
Telephone: (607) 753-5043 email: tiessetaneortland-co.ora
General Municipal Law (GML) Report
TO: Cortland County Planning Board March 11, 2022
FROM: Cortland County Planning Department
RE: Town of Cortlandville Zoning Text Amendment — Solar Energy Systems
Applicant: Town of Cortlandville
3577 Terrace Road
Cortland, NY 13045
SYNOPSIS -
Zoning Text Amendment review for the purpose of regulating 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.
This zoning text amendment is being referred to the Cortland County Planning Board because
the amendment impacts property throughout the Town of Cortlandville.
ANALYSIS -
The Town of Cortlandville is amending the Code of the Tovvn of Cortlandville to regulate
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.
Sections 1, 2, 3, & 5 outline the proposed amendment's title, statutory authority, intent,
and applicability.
As per section 4, definitions, the proposed amendment separates solar energy systems into
three tiers. Tier 1 solar energy systems are defined as building -integrated and building -mounted solar
energy systems. Tier 2 solar energy systems are defined as ground -mounted small-scale solar energy
systems 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 customers. Tier 3 energy systems are separated even further into Tiers 3a and 3b. A Tier 3a
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). A Tier 3b solar energy
system is over 10 acres in size (defined as fenced -in area that encloses the panels and other related
solar energy equipment).
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Tier 1 solar energy systems would be allowed as an accessory use in any district when it is
attached to a lawfully permitted building or structure. They will also be exempt from conditional
permit requirements unless it increases the height of the structure by six (6) feet or more. Section 9
outlines further height guidelines for Tier 1 solar energy systems.
Tier 2 solar energy systems would be allowed as principal and accessory structures in any
district. A conditional permit would be required if the solar energy system was located in an area of
potential environmental sensitivity, on a slope greater than fifteen percent (15%), or in the front yard
of a residential lot if any above -ground portion of the system is within 100 feet of a public highway
right-of-way. Section 9 outlines further bulk regulations for Tier 2 solar energy systems.
Tier 3a solar energy systems would be allowed as principal and accessory uses in agricultural
and industrial districts with a conditional permit and subject to the requirements laid out in Sections
6 (3.) and 7. Tier 3b solar energy systems would be allowed in agricultural and industrial districts by
conditional permit and site plan review subject to the same requirements as Tier 3a solar energy
systems. Tier 3 systems which produce energy primarily for active farming or agricultural uses is
exempt from the conditional permit requirements.
Section 7 outlines the requirements for solar energy systems that require a conditional permit.
These requirements are broken into three categories: Appearance and Buffering, Access and Parking,
& Engineering and Maintenance. The Appearance and Buffering category outlines a comprehensive
visual impact assessment requirement. This visual impact assessment would then need to be followed
Lip with a visual impacts minimization and mitigation plan that will ensure that the project will have
as little visual impact to the community as practicable. It should be noted that (d.)(v.)(c.) of this
category requires that exterior lighting design... shall be specified to avoid off -site lighting effects to
the greatest extent practicable." As lighting can be effectively measured, it may be pertinent for the
Town to define the number of lumens allowed at a given point away from a solar energy system. The
Access and Parking category would require that the site is secured and that equipment and vehicles
not associated with the solar energy system are not stored there. The Engineering and Maintenance
section requires solar energy systems to be built, operated and maintained to acceptable industry
standards.
Section 8 grants further powers to the Town Planning Board to impose conditions on
Conditional Permits under this amendment.
Section 9 "Height, Setback, and Sitting Restrictions" outlines the height, setback, and
sitting regulations for any given tier of solar energy system. This section also requires that tier 3 solar
energy systems minimize clearing and grading, avoid steep slopes, and avoid substantial forest
conversions. Applicants for tier 3 solar energy systems would also be required to develop a vegetation
management plan that develops, implements, and maintains native vegetation. It should be noted that
this section requires tier 2 and 3 solar energy systems to not exceed the permitted height of accessory
structures in the zoning district where it is to be installed or an average of 20 feet, whichever is less.
As one of these required heights is an absolute height requirement and the other is an average of
height, it may be difficult to determine which is `less'.
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Section 9 "Non -Conformance" outlines the procedure for non -conforming solar energy
systems.
Section 10 restricts signage on solar energy systems and requires that disconnect and
emergency information is displayed on -site.
Section 11 gives the Town the authority to inspect solar energy systems for compliance with
all technical, safety, fire, building, and zoning codes, laws ordinances, and regulations and other
applicable requirements.
Section 12 requires that applicants for tier 3 solar energy systems 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. This abandonment plan would take effect for a variety of reasons outlined in this section.
A financial security bond or other form of financial security acceptable to the Town would be required
prior to the issuance of a building permit to finance the decommissioning plan.
Sections 13 & 16 outline permit and SEQR requirements, sections 14 & 15 refer to other
local laws for the installation of battery energy storage systems and payment in lieu of taxes (PILOT),
and sections 17 & 18 establishes the amendment's effective date and ensures the integrity of the
amendment for the future.
The Coordinated Review Committee (CRC) reviewed this proposal and addressed the
following issues:
Kathleen McGrath, NYSESCCP Water Quality Specialist at the Cortland County Soil &
Water Conservation District, had multiple comments:
a. that section 9.(3.)(f.) should refer to vegetation native to New York rather than simply
`native vegetation'.
b. that many solar energy system projects do not accurately reflect areas of disturbance
when calculating whether or not a SWPPP would be required per the Town's
Stormtivater Ordinance. This is due to a common misrepresentation of what
constitutes land disturbance when installing panels for solar energy systems. The
Town should keep this in mind when reviewing tier 3 solar energy system permits.
The Town attended the CRC's review and took these comments into consideration.
Finally, the proposed zoning text amendment is considered a Type I Action under SEQR as it
would change the allowable uses in a zoning district affecting more than 25 acres. The Town should
therefore complete a Full Environmental Assessment Form to determine if this proposal would result
in any significant adverse environmental impacts.
RECOMMENDATION -
The staff recommends approval of this application for zoning text amendment for the purpose
of regulating the safe, effective and efficient use of installed solar energy systems in order to
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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 only if the following contingencies are satisfied:
1. that the Town consider changing section 9.(3.)(f.) to refer to vegetation native to New
York rather than simply `native vegetation'.
2. compliance with SEQR requirements.
Prepared by:
Alex M. Schultz
Planner
Reviewed/revised by:
Trisha Jesset, P.E.
Director of Planning
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ON THE MOTION OF Wendy Miller RESOLUTION NO. 22-06
Paul Slowey
Town of Cortlandville
Zoning Text Amendment
Solar Energy Systems
WHEREAS, on February 23, 2022 the Town Attorney, Town of Cortlandville, pursuant
to General Municipal Law 239 M submitted an application for zoning text amendment because the
amendment impacts property throughout the Town of Cortlandville, AND
WHEREAS, the Cortland County Planning Department has reviewed this request and
submitted a written report dated March 11, 2022, which is on file, AND
WHEREAS, the Cortland County Planning Board on March 16, 2022, held a regular
meeting with a quorum and did consider this request, AND
WHEREAS, the Cortland County Planning Board did thoroughly consider the material
submitted by the petitioner, Department comments and all other relevant reports on file, NOW
THEREFORE BE IT
RESOLVED, that only upon adherence to the following contingencies does the Board
recommend approval of this application for zoning text amendment for the purpose of regulating 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:
1. that the Town consider changing section 9.(3.)(f.) to refer to vegetation native to New York
rather than simply ‘native vegetation’.
2. compliance with SEQR requirements., AND
BE IT FURTHER RESOLVED, that the Board reminds the Town of Cortlandville the
requirements of General Municipal Law Section 239 M that a supermajority vote is to be attained
by the Town in order to approve this application unless every contingency documented in this
resolution is followed, AND
BE IT FURTHER RESOLVED, that the Planning Department is hereby authorized to
convey this action to the Town Attorney, Town of Cortlandville.
_______________________________
Wendy Miller, Secretary
Cortland County Planning Board
March 16, 2022
Ayes: 8
Nays: 0