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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). 1 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'. 2 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 3 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 4 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