HomeMy WebLinkAbout2022 - Local Law No. 4 of 2022 - Solar Energy Systems1
Town of Cortlandville
Town Board Meeting – April 20, 2022
RESOLUTION #123 ADOPT LOCAL LAW NO. 4 OF 2022, “A LOCAL LAW
AMENDING THE TOWN OF CORTLANDVILLE’S ZONING
CODE TO PERMIT SOLAR ENERGY SYSTEMS IN THE
TOWN OF CORTLANDVILLE, NEW YORK”
Motion by Councilman Guido
Seconded by Councilman Donlick
VOTES: Supervisor Williams Aye
Councilman Cobb Aye
Councilman Donlick Aye
Councilman Guido Aye
Councilman Leach Aye
ADOPTED
WHEREAS, on or about February 16, 2022 the Town Board of the Town of Cortlandville (the
“Town Board”) introduced a proposed Local Law, “A Local Law Amending the Town of
Cortlandville’s Zoning Code to Permit Solar Energy Systems in the Town of Cortlandville, New
York”, and referred it to the Cortland County Planning Board pursuant to GML §239-m, and
WHEREAS, the County Planning Board recommended approval of the proposed Local Law with
conditions, which were complied with and incorporated into the proposed Local Law, a final
version of which was re-introduced by the Town Board on April 6, 2022, and
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for
a public hearing to be held by said Board to hear all interested parties on the proposed Local
Law, and
WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the
official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building,
3577 Terrace Road, Cortland, New York, as required by law, and
WHEREAS, said public hearing was duly held and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part
thereof, and
WHEREAS, pursuant to Part 617 of the implementing regulations pertaining t o Article 8 (State
Environmental Quality Review Act) of the Environmental Conservation Law it has been
determined by the said Town Board that adoption of said proposed Local Law would not have a
significant effect upon the environment and could be processed by their applicable governmental
agencies without further regard to SEQRA, and
WHEREAS, the Town Board has satisfied its obligation under the New York State
Environmental Quality Review Act (“SEQRA”), and
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the
best interest of the Town to adopt said Local Law, now therefore
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BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law
as Local Law No. 4 of 2022, “A Local Law Amending the Town of Cortlandville’s Zoning Code
to Permit Solar Energy Systems in the Town of Cortlandville, New York”, a copy of which is
attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law
in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to
give due notice of the adoption of said Local Law to the Secretary of State.
Be it enacted by the Town Board of the Town of Cortlandville as follows:
A LOCAL LAW AMENDING THE TOWN OF CORTLANDVILLE’S
ZONING CODE TO PERMIT SOLAR ENERGY SYSTEMS
IN THE TOWN OF CORTLANDVILLE, NEW YORK
BE IT ENACTED by the Town Board of the Town of Cortlandville, as follows:
SECTION 1. TITLE.
This local law shall be known as “A Local Law to Amend the Zoning Code to Permit
Solar Energy Systems Within the Town of Cortlandville, New York.”
SECTION 2. STATUTORY AUTHORITY.
This Local Law is intended to be consistent with and is enacted by the Town Board of the
Town of Cortlandville pursuant to its authority to adopt laws under the New York State
Constitution, the New York State Municipal Home Rule Law, and the New York State Town
Law. It is intended and is hereby declared to address matters of local concern only and is
intended to act in furtherance of the Town’s authority with respect to existing zoning and land
use laws and its police powers, related to the planning and physical use of real property within
the Town.
This Local Law is intended to replace in its entirety the provisions of the Local Law No.
2 of 2018 of Part II (General Legislation), Chapter 178 (Zoning), Section 178-123.3 (Solar
Energy Systems) of the Zoning Local Law of the Town of Cortlandville, Cortland County, New
York.
SECTION 3. PURPOSE AND INTENT.
This section regulates the safe, effective and efficient use of installed solar energy
systems in order to encourage renewable energy and a sustainable lifestyle by protecting the
health, safety, and welfare of the community while minimizing the adverse impact(s) on the
adjacent and surrounding neighboring properties.
SECTION 4. DEFINITIONS.
As used in this section, the following terms shall have the meanings indicated:
Array: Any number of electrically connected photovoltaic (PV) modules providing a
single electrical output.
Building-Integrated System: A solar photovoltaic system that is constructed as an
integral part of a principal or accessory building or structure and where the building-integrated
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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.
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Net Metering Agreement: An agreement with a local electric utility that allows
customers to receive a credit for surplus electricity generated by certain renewable energy
systems.
Non-Participating Residence: Residences and Residential Structures on an adjacent
parcel to where a Tier 3 solar energy system is proposed or an existing Tier 3 solar energy
system is located.
Pollinator: Bees, birds, bats, and other insects or wildlife that pollinate flowering plants,
and includes both wild and managed insects.
Prime farmland: Land in active agricultural production defined as active three (3) of the
last five (5) years and is designated as “Prime Farmland” in the U. S. Department of Agriculture
Natural Resources Conservation Service (NRCS)’s Soil Survey Geographic (SSURGO)
Database on Web Soil Survey, that has the best combination of physical and chemical
characteristics for producing food, feed, forage, fiber, and oilseed crops and is also available for
these land uses.
Qualified Solar Installer: A person who has skills and knowledge related to the
construction and operation of solar electrical equipment and installations and has received safety
training on the hazards involved. Persons who are on the list of eligible photovoltaic installers
maintained by the New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board of Certified Energy
Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this
definition.
Remote Net Metering: Allows solar photovoltaic owner generators to apply excess
generation credits from the generator system (“Host Account”) to other meters on property that is
owned or leased by the same customer and are within the same load zone as the generator
(“Satellites”).
Solar-based Architectural Element: Structural/architectural element that provides
protection from weather that includes awnings, canopies, porches or sunshades and that is
constructed with the primary covering consisting of solar PV modules, and may or may not
include additional solar PV related equipment.
Solar Photovoltaic (PV) Related Equipment: Items including a solar photovoltaic cell,
panel or array, lines, mounting brackets, framing and foundations used for or intended to be used
for collection of solar energy.
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.
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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.
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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 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
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conjunction with a Conditional Permit provided in Article XIV/Section
178.73-77.
i. Areas of potential environmental sensitivity, such as Unique Natural
Areas, flood plains, historic sites, state-owned lands, conservation
easements, trails, park land. Freshwater wetlands should be avoided
but projects impacting regulated freshwater wetlands may be approved
if any necessary permits are issued by the New York State Department
of Environmental Conservation or the United States Army Corps of
Engineers.
ii. On slopes greater than fifteen percent (15%), unless the Solar Energy
Applicant can demonstrate, through engineering studies and to the
satisfaction of the Town, which the proposed development will cause
no adverse environmental impact that will not be satisfactorily
mitigated.
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
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satisfaction of the Town that the proposed development will cause no
adverse environmental impact that will not be satisfactorily mitigated.
c. No Conditional Permit or renewal thereof or amendment of a current
Conditional Permit relating to a Ground-Mounted Large-Scale Solar Energy
System shall be granted by the Town Planning Board unless the Solar
Energy Applicant demonstrates that such Ground-Mounted Large-Scale
Solar Energy System:
i. Conforms to all federal and state laws and all applicable rules and
regulations promulgated by any federal or state agencies having
jurisdiction.
ii. Is designed and constructed in a manner which minimizes visual
impact to the extent practical.
iii. Complies with all other requirements of the Town of Cortlandville
Zoning Law.
iv. Conforms to all adopted plans of the Town of Cortlandville.
v. Complies with a fifty-foot (50) front yard, rear yard, and side yard
setback.
vi. Does not exceed twenty (20) feet in height. Utility poles for
interconnection shall not be subject to the height restriction.
vii. The lot coverage as defined by this solar ordinance shall not exceed 75
percent of the parcel size.
4. Tier 3.b. — Ground-Mounted Large-Scale Solar Energy Systems Larger than 10 acres
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
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components of the VIA shall include identification of visually sensitive
resources, viewshed mapping, confirmatory visual assessment fieldwork,
visual simulations (photographic overlays), and a proposed Visual Impacts
Minimization and Mitigation Plan as outlined in subdivision (d) of this
section. The scope of the VIA shall be submitted to the Planning Board for its
approval. The VIA shall address the following issues:
i. The character and visual quality of the existing landscape;
ii. The visibility and appearance of the facility, including all proposed
components therein;
iii. The visibility of all above-ground interconnections and roadways to be
constructed within the facility as determined by the viewshed analysis;
iv. The proposed facility lighting (including lumens, location and
direction of lights for facility site and/or task use, and safety including
worker safety);
v. Representative views (photographic overlays) of the facility, including
relevant front, side and rear views, indicating approximate elevations;
vi. The nature and degree of visual change resulting from construction of
the facility and above-ground interconnections;
vii. The nature and degree of visual change resulting from operation of
the facility and above-ground interconnections;
viii. A description of all visual resources that would be affected by the
facility.
b. The viewshed analysis component of the VIA shall be conducted as follows:
i. Viewshed maps depicting areas of facility visibility within one (1) mile
of the facility, as well as any potential visibility from specific
significant visual resources beyond the specified study area, shall be
prepared and presented on a topographic base map, the scale of which
is acceptable to the Cortlandville Town Planning Board. For those
projects that are visible from Interstate 81, the viewshed maps shall be
prepared within two (2) miles of the facility. A line-of-sight profile
shall also be done for resources of concern, as approved by the Town
Planning Board, located within the VIA study area. The viewshed
maps shall provide an indication of areas of potential visibility based
on topography and vegetation, the highest elevation of facility
structures and distance zone (foreground, midground and background
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.
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ii. The VIA shall include a description of the methodology used to
develop the viewshed maps, including software, baseline information,
and sources of data.
iii. The viewshed mapping shall be used to determine the potential
visibility from viewpoints to be analyzed (as indicated in the following
paragraph iv of this section) and locations of viewer groups in the
vicinity of the facility, as determined pursuant to the pre-application
meeting(s) held with the Town of Cortlandville Planning Board or its
designee. These shall include recreational areas, residential and
business locations, historic properties (listed or eligible for listing on
the State or National Register of Historic Places), and travelers
(interstate and other highway users).
iv. In developing the application, the applicant shall confer with the Town
Planning Board, or its designee, and where appropriate, the Office of
Parks, Recreation, and Historic Preservation (OPRHP) in its
selection of important or representative viewpoints. Viewpoint
selection is based upon the following criteria:
(a) Representative or typical views from unobstructed or direct
line- of-sight views;
(b) Level of viewer exposure (i.e., frequency of viewers or relative
numbers, including residential areas, or high-volume
roadways);
(c) Proposed land uses; and
(d) Assessment of visual impacts pursuant to the requirements of
adopted local laws or ordinances.
c. Visual Contrast Evaluation.
i. Photographic simulations of the facility shall be prepared from the
representative viewpoints to demonstrate the post-construction
appearance of the facility.
ii. Additional revised simulations illustrating mitigation shall be prepared
for those observation points for which mitigation is proposed in the
application.
d. Visual Impacts Minimization and Mitigation Plan. The Visual Impacts
Minimization and Mitigation Plan shall include proposed minimization and
mitigation alternatives based on an assessment of mitigation strategies,
including screening (landscaping), architectural design, visual offsets,
relocation or rearranging facility components, reduction of facility component
profiles, alternative technologies, facility color and design, and lighting
options for work areas and safety requirements. The facility design shall
incorporate the following measures for the Visual Impacts Minimization and
Mitigation Plan:
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i. The electrical collection system shall be located underground, to the
extent practicable. Structures shall only be constructed overhead for
portions where necessary based on engineering, construction, or
environmental constraints;
ii. Electric collection and transmission facilities design shall specify use
of either wood poles or steel pole structures; steel poles shall be self-
weathering (such as Corten or equivalent) or other surface finish in
dark brown or green color, non-glare finish;
iii. Glare for Solar Facilities. Solar panels shall have anti-reflective
coatings and the Visual Impacts Minimization and Mitigation Plan
shall include an analysis using Sandia National Laboratories Solar
Glare Hazard Analysis Tool (SGHAT) methodology or equivalent,
that solar glare exposure at any non-participating residence, airport or
public roadway will be avoided or minimized, and will not result in
complaints, impede traffic movements or create safety hazards.
iv. Planting Plans which shall include the facility substation; energy
storage structures; and the point of interconnection (POI) Switchyard;
and for components of solar generating facilities as appropriate
to facility setting.
v. A lighting plan(s), which shall address:
(a) Security lighting needs at substation and switchyard sites, as
applicable, and any exterior equipment storage yards;
(b) Plan and profile figures to demonstrate the lighting area needs
and proposed lighting arrangement and illumination levels to
provide safe working conditions at the collection substation
site, and any exterior equipment storage yards or other
locations;
(c) Exterior lighting design shall be limited to lighting required for
health, safety, security, emergencies and operational
purposes and shall be specified to avoid off-site lighting effects
to the greatest extent practicable.
2. Access and Parking:
a. Ground-Mounted Large-Scale Solar Energy Systems shall be enclosed by
fencing to prevent unauthorized access. Warning signs with the owner’s name
and emergency contact information shall be placed on any access point to the
system and on the perimeter of the fencing. The fencing and the system shall
be further screened by any landscaping or decorative fencing needed to avoid
adverse aesthetic impacts as approved by the Town Planning Board.
b. Motion-activated or staff-activated security lighting around the equipment
area of a Ground-Mounted Large-Scale Solar Energy System or accessory
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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
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to the roof, of eighteen (18) inches between the roof and edge or
surface of the system.
ii. System installed on a sloped roof, the highest point of the system shall
not exceed the highest point of the roof to which it is attached.
iii. System installed on a flat roof, the highest point of the system shall be
permitted to extend up to six (6) feet above the roof to which it is
attached.
b. Tier 2, Tier 3.a and Tier 3.b ground-mounted systems may not exceed the
permitted height of accessory structures in the zoning district where the solar
energy system is to be installed or an average of 20 feet from the ground,
whichever is less. This height restriction does not apply to any substation(s)
or utility pole(s).
2. Setback:
a. Setback for Tier 2 Ground-mounted Systems as a primary use or accessory
use are subject to setback requirements in the zoning district in which the
system is to be constructed.
b. Setback for Tier 3 ground-mounted systems as a primary use shall be 100 feet
from any property line or 200 feet from any non-participating domiciliary
residence, whichever is greater.
c. The required setbacks are measured from the Property line to the nearest part
of the system (except that the 200-foot setback from any non-participating
domiciliary residence shall be measured from the domiciliary residence to the
nearest physical part of the system). Fencing shall generally be considered to
be the closet part of the solar energy system. No part of the ground-mounted
system shall extend into the required setbacks due to a tracking system or
other adjustment of solar energy-related equipment or parts.
d. Access roads, utility poles, and underground equipment are exempt from
setback requirements. Storm water management facilities are also exempt
from setback requirements.
e. Setback requirements shall not apply to common interior property lines where
two adjacent properties are part of the same project and controlled by the
project sponsor.
3. Siting:
a. Previously cleared or disturbed areas are preferred locations for Solar Panel
Arrays.
b. Layout and Orientation: Tier 3 solar energy systems should be designed in a
manner that minimizes clearing and grading. The orientation and layout of
solar panel arrays shall follow the natural contours of the landscape.
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c. Cut and fill shall be avoided to the maximum extent possible. Vehicular paths
within the site shall be designed to minimize the extent of impervious
materials and soil compaction.
d. Avoidance of Steep Slopes: Wooded slopes and steep slopes are part of the
natural resources that define Cortlandville's character and attractiveness.
Those resources should be protected from permanent alteration by minimizing
clearing and development on steep slopes exceeding 15% for Tier 3 solar
energy systems.
e. Trees and forests—forests provide numerous benefits to the people of New
York State including wildlife habitat, carbon sequestration, water quality
protection, flood prevention and the production of timber products to name a
few. Substantial forest conversions should generally be avoided, but there are
situations when a project might be able to justify a substantial forest
conversion; for example, even-aged planted plantations that provide little
biodiversity. Forest conversions that result in forest fragmentation or the
disruption of wildlife corridors is prohibited. Any application for a Tier 3
Large-Scale solar energy system approval that includes or requires tree
cutting/substantial forest conversion must include a description/assessment of
the benefits of the trees or forest to be cut and the environmental impacts of
that tree cutting/forest conversion. Such assessment shall also include an
analysis of alternatives and mitigation measures to minimize impacts.
f. Native Vegetation. Tier 3 Solar Energy System owners shall develop,
implement, and maintain vegetation native to the State of New York to the
extent practicable pursuant to a vegetation management plan by providing
native perennial vegetation and foraging habitat beneficial to game birds,
songbirds, and pollinators. To the extent practicable, when establishing
perennial vegetation and beneficial foraging habitat, the owners shall use
native plant species and seed mixes. Vegetation shall be maintained below
solar panels. It is encouraged that the ground within the fenced perimeter shall
not be tamped, compressed, or otherwise conditioned to inhibit the growth of
natural vegetation.
SECTION 10. NON-CONFORMANCE.
1. Tier 1—Building-mounted systems:
a. If a building-mounted system is to be installed on any building or structure
that is non-conforming because its height violates the height restrictions of the
zoning district in which it is located, the building-mounted system shall be
permitted, so long as the building-mounted system does not extend above the
peak or highest point of the roof to which it is mounted and so long as it
complies with the other provisions of this Ordinance.
b. If a building-mounted system is to be installed on a building or structure on a
non-conforming property that does not meet the minimum setbacks required
and/or exceeds the lot coverage limits for the zoning district in which it is
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located, a building-mounted system shall be permitted, so long as there is no
expansion of any setback or lot coverage non-conformity and so long as it
complies with the other provisions of this Ordinance.
2. Tier 2 and Tier 3—Ground-mounted systems:
a. If a ground-mounted system is to be installed on a property containing a
structure that is non-conforming because the required minimum setbacks are
exceeded, the proposed system shall be permitted so long as the system does
not encroach into the established setback for the property.
b. If a ground-mounted system is to be installed on a property that is non-
conforming because it violates zoning district requirements other than
setbacks, then a Conditional Permit must be obtained for the proposed
installation.
SECTION 11. SIGNAGE AND/OR GRAPHIC CONTENT.
1. No signage or graphic content may be displayed on the solar PV system except the
manufacturer’s badge, safety information and equipment specification information.
Said information shall be depicted within an area no more than thirty-six (36) square
inches in size.
2. Disconnect and other emergency shutoff information will be clearly displayed on a
light reflective surface.
3. 24-hour emergency contact information will be clearly displayed.
4. Systems and sites may not be used for displaying advertising except for reasonable
identification of the owner/operator and shall comply with all signage restrictions.
SECTION 12. PUBLIC NOTICING REQUIREMENTS.
In addition to the Town of Cortlandville’s other public noticing requirements, adjoining
property owners to all Tier 3(b) projects shall be provided notice of the Town of Cortlandville’s
receipt of such an application.
SECTION 13. RIGHT OF INSPECTION.
1. In order to verify that the Solar Energy System’s owners, and any and all lessees,
renters, and/or operators of the Solar Energy System, place, construct, modify, and
maintain such Systems, including solar collectors and solar inverters, in accordance
with all applicable technical, safety, fire, building and zoning codes, laws, ordinances
and regulations and other applicable requirements, the Town may inspect all facets of
said System’s placement, construction, modification and maintenance.
2. Any inspections required by the Code Office that are beyond its scope or ability shall
be at the expense of the Solar Energy Applicant.
SECTION 14. DECOMMISSIONING (INCLUDING FINANCIAL SECURITY) AND
ABANDONMENT.
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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
Solar Energy System and property restoration. In addition, the Solar Energy Applicant
shall have the amount of financial security updated at 5-year intervals.
3. Abandonment/Decommissioning
a. Abandonment - Ground-Mounted Large-Scale Solar Energy System - If such
System ceases to perform its originally intended function for more than twelve
(12) consecutive months, the Town may require its removal in accordance
with the decommissioning plan. In the event a permitted solar energy system
is considered to be abandoned, the Town Board shall provide the project
sponsor an opportunity to explain the abandonment and may grant, as
appropriate, without limitation, the project sponsor time to restore the solar
energy system to operational status as it deems appropriate. If the Ground-
Mounted Large-Scale Solar Energy System is not decommissioned after being
considered abandoned, the Town may call in the financial security bond that
the project sponsor has provided for this purpose and have the system
removed and the property restored.
b. Abandonment - All other Solar Energy Systems shall be considered
abandoned after twelve (12) consecutive months without electrical energy or
thermal energy generation and must be removed from the property. In the
event a permitted solar energy system is considered to be abandoned, the
Town Planning Board shall provide the project sponsor an opportunity to
explain the abandonment and may grant, as appropriate, without limitation,
the project sponsor time to restore the solar energy system to operational
status as it deems appropriate. If the solar energy system is not
decommissioned after being considered abandoned, the Town may remove the
system and restore the property and impose a lien on the property to recover
the cost to the Town.
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c. Decommissioning - At the time of decommissioning, whether as the result of
abandonment or at the end of the solar energy system’s useful life, the Town
Planning Board may allow certain infrastructure, such as culverts, access
roads, and fencing, to remain in place at the request of the current landowner
and with the concurrence of the solar energy system owner responsible for
decommissioning.
SECTION 15. PERMIT REQUIREMENTS.
Before any construction or installation on any solar PV system shall commence, a
building permit issued by town of Cortlandville shall be obtained to document compliance with
this Ordinance.
SECTION 16. BATTERY ENERGY STORAGE SYSTEMS.
For the installation and use of battery energy storage systems, see Local Law Adopting
the Town of Cortlandville’s Battery Energy Storage System Law of the Town of Cortlandville,
New York.
SECTION 17. PAYMENT IN LIEU OF TAXES (PILOT).
For reduced costs to system developers and energy consumers, and an alternate revenue
stream to the community, see Local Law Adopting the Town of Cortlandville’s Solar Energy
System PILOT Law of the Town of Cortlandville, New York.
SECTION 18. STATE ENVIRONMENTAL QUALITY REVIEW ACT.
This Local Law is classified a Type I action pursuant to 6 NYCRR § 617.4 (b) (2) under
the State Environmental Quality Review Act.
SECTION 19. SEVERABILITY.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder hereof, but shall be confined in operation to the clause, sentence,
paragraph, section or part hereof directly involved in the controversy in which such
determination shall have been rendered.
SECTION 20. EFFECTIVE DATE.
This Local Law shall be effective upon its filing with the Secretary of State in accordance
with the Municipal Home Rule Law, and shall apply to all solar energy systems constructed.