HomeMy WebLinkAboutLL 10 of 2023 Amend Chapter 270 Zoning to Revise Provisions Related to Solar Facilities
TOWN OF ITHACA
LOCAL LAW NO. 10 OF THE YEAR 2023
A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 270
ENTITLED “ZONING,” TO REVISE PROVISIONS RELATED TO SOLAR FACILITIES
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270 (“Zoning”) of the Town of Ithaca Code, Article III
(“Terminology”) is amended by adding the following definitions to Section 270-5
(“Definitions”):
AGRIVOLTAIC FARMING – Also known as dual-use solar, is the simultaneous use
of land for both solar voltaic power generation and crop or livestock farming.
ENERGY STORAGE SYSTEM – One or more devices, assembled together, capable
of storing energy in order to supply electrical energy at a future time, not to include a
stand-alone 12-volt car battery or an electric motor vehicle.
LOT LINE, FRONT – Lot line that borders a public frontage or contextual lot front, or
separates a lot from a thoroughfare (not including alleys). At a corner lot, a front lot
line follows the shorter of the two public frontages, or the contextual lot front. At a
through lot (double frontage lot), a front lot line is the line crossed for main access to
the lot, or the contextual lot front.
THOROUGHFARE – Area of land that is not part of a lot, devoted for use as a public
way (whether it has public or private ownership) for travel, gathering, utility
infrastructure, and related amenities.
Section 2. Chapter 270 (“Zoning”) of the Town of Ithaca Code, Article III
(“Terminology”) is amended by revising the definition of “Solar Facility Footprint” in
Section 270-5 (“Definitions”) to read as follows.
SOLAR FACILITY FOOTPRINT – The cumulative land area occupied during the
operation of the solar energy generating facility. This shall include all areas and
equipment within the facility’s perimeter boundary – including the solar energy system,
onsite interconnection equipment, onsite electrical energy storage equipment, and
any other associated equipment – as well as any site improvements beyond the
facility’s perimeter boundary such as access roads, permanent parking areas, or other
permanent improvements. The footprint total shall not include site improvements
established for impact mitigation purposes, including but not limited to vegetative
buffers and landscaping features. For small-scale ground-mounted photovoltaic
systems, the solar facility footprint means the maximum occupied surface area taken
up by the rows of solar panels and does not include the space between the rows.
Section 3. Chapter 270 (“Zoning”) of the Town of Ithaca Code, Article XXVI,
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(“Special Regulations”) is amended by deleting Section 270-219.1 (“Solar collectors and
installations”) and replacing it with the following:
Ҥ 270-219.1 Solar energy systems.
A. Purpose. The purpose of this section is to facilitate the development and operation
of renewable energy systems based on sunlight, because it is in the public interest
to provide for and encourage renewable energy systems and sustainability, in
accordance with the Town of Ithaca Comprehensive Plan, Ithaca Town Board
Resolution No. 2020-049 (Resolution in Support of a Green New Deal (GND)), and
Ithaca Town Code Chapters 135 (Community Choice Aggregation (Energy)
Program) and 144 (Energy Code Supplement).This section encourages agrivoltaic
farming when solar energy and energy storage systems are sited on land that is
well-suited for agriculture production. Solar energy systems are appropriate in all
zoning districts when measures are taken, as provided in this section, to minimize
adverse impacts on neighboring properties and protect the public health, safety and
welfare.
B. Applicability.
(1) The requirements of this section shall apply to all solar energy systems
modified or installed after the effective date of this section.
(2) Solar energy systems are permitted in all Town zones, including Planned
Development Zones, subject to the requirements described below.
(3) Notwithstanding the foregoing, where the solar energy systems provisions of
the New Neighborhood Code (Chapter 272) apply and are inconsistent with
this § 270-219.1, the provisions of the New Neighborhood Code apply.
C. General requirements.
(1) Building permits are required for all solar energy systems.
(2) The setbacks and approval required for each type of solar energy system are
summarized in the table titled "Setback and Yard Requirements for Ground-
Mounted Solar Energy Systems," and are further described below.
(3) Qualified installer. All solar energy installations must be performed by a
qualified solar installer and, prior to issuance of a certificate of compliance,
must be inspected by a Town Code Enforcement Officer or by an appropriate
electrical inspection person or agency, as determined by the Town. In addition,
any connection to the public utility grid must be approved by the appropriate
public utility. No grid-tied solar energy system may be installed until the
applicant has submitted evidence that the utility company has been informed
of the customer’s intent to install an interconnected customer-owned generator
or meter, including the receipt of documentation from said utility that it will
connect the system. Off-grid systems are exempt from this requirement.
(4) Battery Energy Storage Systems. When energy storage batteries are included
as part of the solar energy system, they must be placed in a secure container
or enclosure meeting the requirements of the New York State Building Code
when in use and when no longer used shall be disposed of in accordance
with the laws and regulations of Tompkins County and other applicable laws
Adopted June 26, 2023 Pg. 2
and regulations. The on-site accumulation, incineration, disposal, or storage of
inoperable, or damaged batteries is expressly prohibited.
(5) For purposes of this § 270-219.1, a solar energy system use is an accessory
use on a lot if it is designed for a use primarily on the lot.
(6) In the event of inconsistency between the provisions in this § 270-219.1 and
other provisions in Chapter 270 or Chapter 271 (such as setback or height
requirements), the provisions in § 270-219.1 shall govern.
D. Rooftop and building-mounted photovoltaic solar energy systems. The following
standards are applicable to rooftop and building-mounted photovoltaic solar energy
systems:
(1) Permitted in all zones.
(2) No size thresholds, except as limited by the New York State Uniform Fire
Prevention and Building Code.
(3) No site plan approval is required; changes to, or the addition of, rooftop or
building-mounted photovoltaic solar energy systems will not trigger site plan
modification requirements.
(4) Glare. All solar panels must have anti-reflective coating(s).
E. Solar-thermal energy systems (rooftop, building-mounted and ground-mounted). In
addition to the standards in Subsection F below, the following standards are
applicable to solar-thermal energy systems:
(1) Permitted in all zones as a principal or an accessory use.
(2) No size thresholds, except as limited by the New York State Uniform Fire
Prevention and Building Code.
(3) Setbacks for ground-mounted solar-thermal energy systems shall be the same
as those listed in Subsection G below for ground-mounted photovoltaic solar
energy systems.
(4) No lot coverage standards apply.
(5) No site plan approval is required; changes to, or the addition of, solar-thermal
energy systems will not trigger site plan modification requirements.
(6) Safety. No roof-mounted solar-thermal energy system shall be located in a
manner that would cause the shedding of ice or snow from the roof into an open
porch, stairwell or pedestrian travel area.
F. Standards applicable to all ground-mounted photovoltaic and ground-mounted
solar-thermal energy systems.
(1) Height. The maximum height for all ground-mounted systems is 20 feet when
the system is oriented at maximum tilt. For farms in the Agricultural and Low
Density Residential Zones that utilize agrivoltaic farming, the Planning Board
may approve a greater height if it finds a greater height is necessary to
accommodate continued or new agricultural activity.
Adopted June 26, 2023 Pg. 3
(2) Installation of solar energy systems is prohibited in:
(a) Required open space;
(b) Required buffers; or
(c) Park set-aside areas required as a condition of subdivision approval.
(3) Maintenance. The owner and operator (if different than the owner) shall
maintain the facility in good condition. Maintenance shall include, but not be
limited to, structural repairs and integrity of security measures.
(4) Abandonment. If after a solar energy system becomes operational it ceases to
perform its originally intended function for more than six continuous months (or
for 12 of any 18 months), the solar energy system is deemed abandoned. The
property owner and operator (if different than the owner) shall remove the
collectors, plates, piping, mounts and associated equipment and facilities by no
later than 180 days after the solar energy system is deemed abandoned. Upon
request of the owner or operator, the Planning Board shall hold a public hearing
and determine whether to extend the time limit before the system is deemed
abandoned. Upon a finding that the applicant could not make the system
function as intended for the required duration because of circumstances
beyond the applicant’s control (such as supply chain issues), the Planning
Board may extend the time limit and impose conditions as it deems appropriate.
An application for such extension must be made by no later than 15 days before
the solar energy system would be deemed abandoned pursuant to the first
sentence of this subsection.
(5) Solar energy systems may be built across common lot lines by mutual
agreement among all property owners. Mutual easements allowing such
systems are required where lot ownership is not identical. Solar energy
systems that are built across common lot lines may be a principal use on one
or more lots, and/or an accessory use on one or more lots, provided that the
use is allowed in the relevant zone.
G. Additional standards for ground-mounted photovoltaic solar energy systems.
(1) Ground-mounted photovoltaic systems are divided into three size categories,
as follows:
(a) Small-scale ground-mounted photovoltaic systems have a total solar
facility footprint of 2,000 square feet or less.
(b) Medium-scale ground-mounted photovoltaic systems have a total solar
facility footprint of more than 2,000 square feet up to and including 7,000
square feet.
(c) Large-scale ground-mounted photovoltaic systems have a total solar
facility footprint greater than 7,000 square feet up to a maximum of 35
acres.
(2) Standards applicable to ground-mounted photovoltaic systems based on scale
size.
(a) Small-scale photovoltaic solar energy system standards:
Adopted June 26, 2023 Pg. 4
\[1\] Permitted in all zones as principal and accessory uses.
\[2\] Setbacks (measured from the lot line to the closest part of the
photovoltaic solar energy system):
\[a\] Ten feet minimum from side and rear yard lot lines.
\[b\] Minimum setback from front lot line equals the maximum number
of feet for required front yards in the zone, except in Light
Industrial, Industrial and Planned Development Zones.
\[c\] In Light Industrial, Industrial and Planned Development Zones,
the minimum setback from front lot line is 50 feet.
\[3\] Lot coverage. The solar facility footprint of the system, when
combined with all other buildings and structures on the lot, shall not
exceed 120% of the maximum lot coverage, building area, and yard
occupancy requirements for the zone.
\[4\] Site plan review: not required, unless the photovoltaic solar energy
system is part of an overall new development plan or modification of
an existing plan that otherwise triggers site plan review.
(b) Medium-scale photovoltaic solar energy system standards:
\[1\] Permitted use:
\[a\] Accessory use in the following zones:
Medium Density Residential, High Density Residential, Mobile
Home Park, Multiple Residence, Conservation, Neighborhood
Commercial, Community Commercial, and Planned Development
Zones.
\[b\] Principal and accessory uses in the following zones:
Agricultural, Low Density Residential, Light Industrial, Industrial,
and Office Park Commercial Zones.
\[2\] Setbacks (measured from the lot line to the closest part of the
photovoltaic solar energy system):
\[a\] Sixty minimum from a lot line (except from a front lot line) that
abuts property in any zone except a commercial or industrial zone.
\[b\] Thirty feet minimum from a lot line (except from a front lot line) that
abuts property in a commercial or industrial zone.
\[c\] Minimum setback from front lot line equals the maximum number
of feet for required front yards in the zone, except in Light
Industrial and Industrial Zones.
\[d\] In Light Industrial and Industrial Zones, minimum setback from
front lot line is 50 feet.
\[e\] Roads, landscaping and fencing may occur within the setback.
\[3\] Lot coverage. The solar facility footprint of the system, when combined
Adopted June 26, 2023 Pg. 5
with all other buildings and structures on the lot, shall not exceed 120%
of the maximum lot coverage, building area, and yard occupancy
requirements for the zone.
\[4\] Site plan review:
\[a\] Required in Low Density Residential, Medium Density Residential,
High Density Residential, and Planned Development Zones.
\[b\] In other zones, not required unless the photovoltaic solar energy
system is part of an overall new development plan or modification
of an existing plan that would require site plan review even if the
photovoltaic solar energy system was not part of the plan.
\[5\] Design standards.
\[a\] Fencing. Chain link, barbed, razor, and concertina wires,
electrically charged wire, railroad ties, concrete masonry units,
scrap metal, tarped, and cloth fences are not permitted as fencing.
\[b\] Glare. Photovoltaic solar energy systems and other facilities shall
be designed and located in order to minimize reflective glare
toward roads or any habitable or occupiable building on adjacent
properties.
(c) Large-scale photovoltaic solar energy system standards:
\[1\] Permitted use:
\[a\] Principal and accessory uses in the large-scale photovoltaic solar
energy system overlay district, which is superimposed on
underlying (base) zones.
\[b\] Accessory use in Planned Development Zones; principal use only
if the individual Planned Development Zone specifically allows it
as a permitted principal use.
\[2\] Setbacks (measured from the lot line to the closest part of the
photovoltaic solar energy system):
\[a\] Seventy-five feet minimum from all lot lines.
\[b\] Roads, landscaping and fencing may occur within the setback.
\[c\] Multiple lots. The Planning Board may consider a solar facility
project that is comprised of several lots to be treated as a single
lot for purposes of applying setback standards.
\[3\] Lot coverage. The maximum solar facility footprint of a system is 35
acres. The coverage of photovoltaic solar energy systems shall not
count in the computation of lot coverage, building area, and yard
occupancy.
\[4\] Site plan review is required prior to construction, installation or
modification. In addition to the application requirements for site plan
review per Town Code § 270-186, the following additional information
is required to be submitted as part of the site plan application:
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\[a\] Utility notification: submission of documentation from the utility
company that operates the electrical grid where the installation is
to be located confirming that the grid can support the proposed
installation, by delivery of a valid preliminary interconnection
report or Coordinated Electric System Interconnect Review
(CESIR) report issued for the project. Off-grid systems shall be
exempt from this requirement.
\[b\] Safety. The owner or operator shall provide evidence that a copy
of the site plan application has been submitted to the appropriate
Fire Chief (Ithaca Fire Department or Cayuga Heights). All means
of shutting down the photovoltaic solar energy system shall be
clearly marked on the site plan and building permit applications.
\[c\] Operation and maintenance plan: submission of a plan for the
operation and maintenance of the facility, to include measures for
maintaining safe access, operational maintenance of the
photovoltaic solar energy system, any anticipated agrivoltaic
farming use, and general property upkeep, such as mowing and
trimming.
\[d\] Utility Plan: location and nature of any proposed utility easements
and infrastructure, including a one- or three-line electrical diagram
detailing the entire solar energy system layout, including the
number of solar panels in each ground-mounted array, solar
collector installation, associated components, inverters, electrical
interconnection methods, and utility meter, with all National
Electrical Code compliant disconnects and over current devices.
The diagram must describe the location and layout of all energy
storage system components, if applicable, and must include
applicable setback and other bulk and area standards.
\[e\] Documentation of solar collector type including but not limited to
equipment specification sheets for all solar panels and collectors,
significant components, mounting systems, and inverters that are
to be installed, as well as proposed solar energy production
nameplate capacity design levels proposed for the Solar energy
system and the basis for the calculations of the area of the Solar
energy system’s nameplate capacity.
\[f\] Documentation of energy storage system components and fire
safety compliance plan. Such plans shall document and verify that
the system and its associated controls and safety systems are in
compliance with the applicable Fire Code of New York State,
including procedures for safe shutdown, de-energizing, or
isolation of equipment and systems under emergency conditions
and emergency procedures to be followed in case of fire,
explosion, release of liquids or vapors, damage to critical moving
parts, or other potentially dangerous conditions.
\[g\] A Stormwater Pollution Prevention Plan (SWPPP) as required by
Ithaca Town Code Chapter 228 (Stormwater Management and
Erosion and Sediment Control).
Adopted June 26, 2023 Pg. 7
\[h\] Visual assessment of the visual impacts of the photovoltaic solar
energy system. At a minimum, this assessment shall include:
\[i\] line-of-sight profile analysis;
\[ii\] the locations, elevations, height, plant species, and/or materials
that will comprise the structures, landscaping, and/or grading
used to screen and/or mitigate any adverse aesthetic effects
of the system;
\[iii\] visual simulations, including photographic images, depicting
the maximum height of the proposed system components
(including all portions and attachments to the system), taken
from the perspectives of the public right-of-way, and of any
properties situated in closest proximity to the location being
proposed for the system siting. Photos should also be taken
from the perspectives of any properties that would reasonably
be expected to sustain significant adverse aesthetic impacts
due to their elevation relative to the site, or the system location
and the property location;
\[iv\] before and after renderings; and
\[v\] possible impacts to any important/scenic views listed in the
Tompkins County or Town of Ithaca Scenic Resources
Inventories.
\[i\] A decommissioning plan to be implemented as specified in this
section, to ensure that the site will be restored to a useful and
nonhazardous condition, with a time frame provided for the
completion of the work, and related securitization of such
obligation, as further set forth in Subsection G(2)(c)\[7\] below. The
decommissioning plan shall, at a minimum, contain the following
elements and meet the following requirements.
\[i\] Specify when and what constitutes an event requiring
decommissioning, which must include at a minimum the
following events requiring decommissioning: the Town notifies
the owner and operator (if different than the owner to
implement the decommissioning plan pursuant to Subsection
G(2)(c)\[8\]\[a\] below; the lack of production for six continuous
months (or for 12 of any 18 months) after the system becomes
operational, unless the Planning Board grants an extension
pursuant to Subsection F(4) above; the lack of a current
permit; failure to maintain any required decommissioning
bond or other security; a violation of any site plan conditions
or permit conditions that continues more than 30 days after
the Town provides written notice of such violation (or, if the
violation is not reasonably capable of cure within 30 days, if
the owner or operator fails to commence to cure such violation
within such 30 day period and thereafter diligently and with
continuity prosecute such cure to completion in a period not
to exceed 90 days after the Town’s notice.)
\[ii\] Specify the form and type of notice to be provided to the Town
Adopted June 26, 2023 Pg. 8
in the event of any decommissioning, sale, transfer, partial
transfer, assignment, or occurrence of any event which may
result in an act or partial order requiring partial or complete
decommissioning of the site.
\[iii\] Specify the means and methods by which utility
interconnections will be removed in accordance with the utility
provider’s requirements, as well as all electrical and other
safety precautions to be undertaken during removal.
\[iv\] Specify the timeline and means and methods for removal and
disposition of all solar panels, battery energy storage
systems, electrical appurtenances, structures, equipment,
security barriers and transmission lines within 180 days of the
date decommissioning is required.
\[v\] Specify the means and methods to minimize disruption to field
drains and soils; remediate drains and soils; and avoid or
minimize erosion, including stabilization and revegetation of
any sites with native seed mixes, excluding any invasive
species. The plan shall require decompaction of soils to 18
inches and removal of any installed materials to four feet,
unless the Town Engineer allows the owner or operator to
leave landscaping or designated below-grade foundations,
piers, footers, or other supports in place to minimize erosion
and disruption to vegetation. The plan shall further specify that
underground electric lines shall be abandoned in place, and
access roads in agricultural areas shall be removed unless
otherwise specified by the landowner.
\[vi\] Specify disposal of all solid and hazardous wastes in
accordance with local, state, and federal waste disposal
regulations, including the removal of any contaminated soils.
To the extent permitted by law, no designation of any facilities
by a "beneficial use declaration" shall be permitted to vary this
clean-up and remediation/disposal rule.
\[vii\] Include an expected timeline for decommissioning plan
execution, together with a cost estimate prepared and sealed
by a licensed engineer, detailing the projected cost of
executing the decommissioning plan.
\[j\] For applications that do not propose agrivoltaic farming, a
vegetation management plan per the Design Standards below.
\[5\] Design Standards.
\[a\] Fencing. Chain link, barbed, razor, and concertina wires,
electrically charged wire, railroad ties, concrete masonry units,
scrap metal, tarped, and cloth fences are not permitted as fencing.
\[i\] When fencing will enclose the perimeter of the site or facility,
wildlife-friendly fencing that allows the passage of small
mammals and reptiles and is designed to minimize wildlife
injury and death due to entanglement or strangulation shall be
Adopted June 26, 2023 Pg. 9
used on sites having a solar facility footprint greater than three
acres. Exceptions can be made by the Planning Board for
sites that are not in rural locations and have limited
surrounding wildlife habitat.
\[ii\] Mechanical equipment, and any structure for energy storage
system components, shall be enclosed by a 7-foot-high fence,
or the height required by the National Electrical Code if it
requires more than seven feet, with a self-locking gate to
prevent unauthorized access.
\[b\] Vegetation management plan.
\[i\] Removal of trees and other existing vegetation shall be limited
to what is necessary for the construction, operation and
maintenance of the photovoltaic solar energy system, but in
no case may such removal exceed the following. For parcels
that are 10 acres or less, clear-cutting (which is defined in §
270-5) shall not occur on more than 20% of the lot. For lots
that exceed 10 acres, clear-cutting shall not occur on more
than 20% of 10 acres on the lot, and clear-cutting shall not
occur on more than 10% of the balance of the acreage on the
lot.
\[ii\] When siting solar on soils classified by the US Department of
Agriculture’s Natural Resources Conservation Service as
prime farmland or farmland of statewide importance,
applicants must utilize agrivoltaic farming where practicable.
Applicants that do not propose agrivoltaic farming on such
land shall develop, implement, and maintain 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 and
seed all appropriate areas within the solar facility footprint.
Any project which is designed to incorporate agrivoltaic
farming or farm or uses within the solar facility footprint may
be excluded from this requirement based on the amount of
space actually occupied by the agricultural activity. This
exclusion will only be allowed based on a Planning Board
determination that these lands are being used for agricultural
uses.
\[c\] Glare. Photovoltaic solar energy systems and other facilities shall
be designed and located in order to minimize reflective glare
toward roads or any habitable or occupiable building on adjacent
properties.
\[d\] Roads. Roadways within the site shall be designed to minimize
the width and extent of roadway construction and soil compaction.
Adopted June 26, 2023 Pg. 10
\[e\] Screening/Buffering. Based on site-specific conditions, including
topography, adjacent structures, and roadways, practicable efforts
shall be made to minimize visual impacts by preserving natural
vegetation, and providing dense landscape year-round screening
to abutting residential properties and roads, but the screening
should minimize shading of photovoltaic solar energy systems.
\[f\] Lighting. All lighting on the site related to the photovoltaic solar
energy system shall comply with the Town's Outdoor Lighting
Law (Ithaca Town Code Chapter 173) and be limited to that
required for safety and operational purposes.
\[g\] Signage. All signage shall comply with the Town's Sign Law (Ithaca
Town Code Chapter 270, Article XXIX). A sign shall be displayed
on or near the main access point identifying the owner and
providing a twenty-four-hour emergency contact
phone number.
\[h\] Utility connections. Reasonable efforts shall be made to place all
utility lines from the photovoltaic solar energy system
underground, depending on appropriate soil conditions, shape and
topography of the site, financial feasibility, and any requirements
of the utility provider. When aboveground cables and transmission
lines must cross agricultural fields, utility poles should be located
on field edges to the greatest extent practicable to avoid bisecting
of agricultural lands. Electrical transformers for utility
interconnections may be aboveground if required by the utility
provider.
\[i\] Noise-generating inverters shall be located as far away from
adjacent property lines as possible.
\[j\] The Planning Board may specify free-standing ballast or racking
systems if the Town Engineer recommends such a system.
\[6\] Construction Standards.
The following standards apply to the construction, restoration, and
follow-up monitoring of solar energy projects impacting soils classified
by the US Department of Agriculture’s Natural Resources
Conservation Service as prime farmland or farmland of statewide
importance. An environmental monitor (EM) shall be hired by the
applicant, at the discretion of the Town, to oversee construction,
restoration and follow-up monitoring.
The EM shall be an individual with a confident understanding of normal
agriculture practices (such as cultivation, crop rotation, nutrient
management, drainage (subsurface and/or surface), chemical
application, agricultural equipment operation, fencing, soils, plant
identification, etc.) and able to identify how the project may affect the
site and the applicable agricultural practices. The EM should also have
experience with or understanding of the use of a soil penetrometer for
Adopted June 26, 2023 Pg. 11
compaction testing and record keeping. The EM may serve dual
inspection roles associated with other Project permits and/or
construction duties, if the agricultural workload allows. The EM should
be available to provide site-specific agricultural information as
necessary for project development through field review and direct
contact with both the affected farm operators and the New York State
Department of Agriculture and Markets (NYSDAM). The EM should
maintain regular contact with appropriate onsite project construction
supervision and inspectors throughout the construction phase. The EM
should maintain regular contact with the affected farm operator(s)
concerning agricultural land impacted, management matters pertinent
to the agricultural operations and the site-specific implementation of
agricultural resource mitigation measures. The EM will serve as the
agricultural point of contact.
\[a\] For projects involving less than 10 acres of prime farmland or
farmland of statewide importance, the construction manager or
some other on-site personnel may serve as the EM. The EM must
be on site whenever construction or restoration work is occurring
on agricultural land.
\[b\] For projects involving 10 acres or more of prime farmland or
farmland of statewide importance, the EM shall be on site
whenever construction or restoration work is occurring on
agricultural land and shall coordinate with the New York State
Department of Agriculture and Markets, Division of Land and
Water Resources to develop an appropriate schedule for project
inspections.
\[c\] The EM shall contact the New York State Department of
Agriculture and Markets, Division of Land and Water Resources,
if farm resource concerns or management matters pertinent to the
agricultural operation and site-specific implementation conditions
found below cannot be resolved.
\[d\] Construction requirements:
\[i\] The surface of access roads constructed through agricultural
fields shall be level with the adjacent field surface.
\[ii\] Access roads shall be located along the edge of agricultural
areas, in areas next to hedgerows and field boundaries, and
in nonagricultural areas of the site to the greatest extent
practicable.
\[iii\] The width of access roads across or along agricultural fields
Adopted June 26, 2023 Pg. 12
shall be no wider than 20 feet so as to minimize the loss of
agricultural lands while maintaining compliance with New
York State Uniform Fire Prevention and Building Codes for
emergency vehicle access.
\[iv\] Culverts and waterbars shall be installed, where necessary,
to maintain natural drainage patterns.
\[v\] All topsoil from agricultural areas used for vehicle and
equipment traffic, parking, and equipment laydown and
storage areas shall be stripped and stockpiled. All vehicle and
equipment traffic and parking shall be limited to the access
road and/or designated work areas, such as laydown areas.
Vehicles and equipment shall not be allowed outside the work
area without prior approval from the landowner and, when
applicable, the environmental monitor.
\[vi\] Topsoil stripped from work areas (parking areas, electric
cable trenches, along access roads) shall be stockpiled
separately from other excavated material (rock and/or
subsoil). A minimum of 50 feet of temporary workspace shall
be provided along "open-cut" electric cable trenches for
proper topsoil segregation. All topsoil shall be stockpiled
immediately adjacent to the area where stripped/removed and
shall be used for restoration on that particular site. Topsoil
stockpile areas shall be clearly designated in the field and on
construction drawings.
\[vii\] Electric interconnect cables and transmission lines installed
aboveground can create long-term interference with
mechanized farming on agricultural land. Therefore,
interconnect cables shall be buried in agricultural fields
wherever practicable. Interconnect cables and transmission
lines installed aboveground shall be located outside field
boundaries wherever possible. When aboveground cables
and transmission lines must cross farmland, minimize
agricultural impacts by using taller structures that provide
longer spanning distances and locate poles on field edges to
the greatest extent practicable.
\[viii\] All buried electric cables in cropland, hayland and improved
pasture, shall have a minimum depth of 48 inches of cover. In
unimproved grazing areas and land permanently devoted to
pasture, the minimum depth of cover shall be 36 inches. In
areas where the depth of soil over bedrock ranges from zero
inches to 48 inches, the electric cables shall be buried entirely
Adopted June 26, 2023 Pg. 13
below the top of the bedrock or at the depth specified for the
particular land use, whichever is less. At no time shall the
depth of cover be less than 24 inches below the soil surface.
\[ix\] When buried electric cables alter the natural stratification of
soil horizons and natural soil drainage patterns the effects
shall be rectified with measures such as subsurface intercept
drain lines. Tompkins County Soil and Water Conservation
District shall be consulted concerning the type of intercept
drain lines to be installed to prevent surface seeps and the
seasonally prolonged saturation of the cable installation zone
and adjacent areas. All drain lines shall be installed in
accordance with Natural Resource Conservation Service
standards and specifications. Drain tile shall meet or exceed
the AASHTO M252 specifications.
\[x\] Existing drainage and erosion control structures, such as
diversions, ditches, and drain tile shall remain undamaged
and protected. Where existing drainage and erosion control
infrastructure must be removed, appropriate measures shall
be taken to maintain the design and effectiveness of the
originally installed structures. Drainage and erosion control
structures disturbed during construction shall be repaired or
replaced to as close to original condition as possible, unless
said structures are to be eliminated based upon the large-
scale ground-mounted solar PV system site plan approval.
\[xi\] All excess subsoil and rock shall be removed from the site.
On-site disposal of such material shall only be allowed if
approved by the landowner, with appropriate consideration
given to any possible agricultural or environmental impacts.
Any permits necessary for disposal under local, state and/or
federal laws and regulations shall be obtained by the
contractor, with the cooperation of the landowner when
required.
\[xii\] All pieces of unused wire, bolts, and other metal objects shall
be removed and properly disposed of as soon as practical to
prevent mixing with any topsoil.
\[xiii\] Excess concrete shall not be buried or left on the surface in
active agricultural areas. Concrete trucks shall be required to
use designated washout stations located outside of
agricultural areas.
\[xiv\] In pasture areas, it may be necessary to construct temporary
Adopted June 26, 2023 Pg. 14
or permanent fences around work areas to prevent livestock
access, consistent with landowner agreements.
\[e\] Restoration requirements. All agricultural areas temporarily
disturbed by construction shall:
\[i\] Be decompacted to a depth of 18 inches with a deep ripper or
heavy-duty chisel plow. Soil compaction results should be no
more than 250 pounds per square inch (PSI) as measured
with a soil penetrometer. In areas where the topsoil was
stripped, soil decompaction should be conducted prior to
topsoil replacement. Following decompaction, remove all
rocks four inches and larger in size from the surface of the
subsoil prior to replacement of topsoil. Replace the topsoil to
original depth and reestablish original contours where
possible. Remove all rocks four inches and larger from the
surface of the topsoil. Subsoil decompaction and topsoil
replacement shall be avoided between the months of October
and May unless favorable soil moisture conditions exist.
\[ii\] Regrade all access roads to allow for farm equipment crossing
and to restore original surface drainage patterns, or other
drainage pattern incorporated into site plan design, approved
by the Planning Board.
\[iii\] Seed all restored agricultural areas with the seed mix
specified by the landowner, in order to maintain consistency
with the surrounding areas.
\[iv\] All surface or subsurface drainage structures damaged during
construction shall be repaired to as close to preconstruction
conditions as possible, unless said structures are to be
removed as part of the site plan approval. All surface or
subsurface drainage problems resulting from construction of
the large-scale ground-mounted solar PV system shall be
corrected with the appropriate mitigation as determined by the
EM, Tompkins County Soil and Water Conservation District
and the landowner.
\[v\] Restoration practices shall be postponed until favorable
(workable, relatively dry) topsoil/subsoil conditions exist.
Restoration is not to be conducted while soils are in a wet or
plastic state. Stockpiled topsoil shall not be regraded and
subsoil shall not be decompacted until plasticity, as
determined by the Atterberg field test, is adequately reduced.
No project restoration activities shall occur in agricultural
Adopted June 26, 2023 Pg. 15
fields between the months of October and May unless
favorable soil moisture conditions exist.
\[vi\] Following site restoration, all construction debris shall be
removed from the site.
\[f\] Monitoring and remediation requirement. Immediately following
site restoration, the applicant shall provide a monitoring and
remediation period of no less than two years. On site monitoring
shall be conducted seasonally at least three times during the
growing season (Spring, Summer and Fall). The monitoring and
remediation period allows for the effects of climatic cycles such as
frost action, precipitation and growing seasons to occur, from
which various monitoring determinations can be made. The
monitoring and remediation phase is used to identify any
remaining agricultural impacts associated with construction that
may be in need of mitigation and to implement the follow-up
restoration. The EM shall consolidate each applicable growing
season’s observation into an annual report during the monitoring
period and shall be provided to the Town of Ithaca.
\[i\] General conditions to be monitored shall include topsoil
thickness, relative content of rock and large stones, trench
settling, crop production, drainage and repair of severed
subsurface drain lines, fences, and any other conditions the
Planning Board shall deem appropriate.
\[ii\] Topsoil deficiency and trench settling shall be mitigated with
imported topsoil that is consistent with the quality of topsoil on
the affected site. All excess rocks and large stones are to be
removed from the site.
\[7\] Security.
\[a\] As security for the performance of decommissioning requirements
in this section, the owner and operator (if different than the owner)
of a large-scale photovoltaic solar energy system shall, upon the
granting of required approvals and permits under this section and
prior to the installation of any portion of the system, execute and
file with the Town Clerk a bond, letter of credit or other form of
security or undertaking which shall be approved by the attorney
for the Town and the Town Engineer as to amount, form, manner
of execution, and sufficiency for surety. The security shall remain
in full force and effect until the removal of all system components
(including solar collectors, driveways, structures, lighting, utilities,
fencing, gates, and accessory equipment), and all site restoration
have been completed. The value of the security shall be equal to
125% of the cost of facility removal and restoration of the site, as
determined by the Town Engineer after evaluation of the
Adopted June 26, 2023 Pg. 16
applicant’s decommissioning cost estimate submitted as part of its
application.
\[b\] At least once every three years after any approval or permit is
issued by the Town, the owner and operator (if different than the
owner) of the system shall provide updated cost estimates,
prepared and sealed by a licensed engineer, for removal of all
system components and all site restoration, and if the resulting
125% cost requirement shows that the existing security is
monetarily insufficient, then the owner and operator (if different
than the owner) shall update such security, or see to its
replacement or supplementation in an amount to equal such
updated 125% cost number.
\[8\] Decommissioning.
\[a\] In the event the photovoltaic solar energy system is not completed
and functioning within 18 months of the issuance of the initial
building permit, the Town may notify the owner and operator (if
different than the owner) to complete construction and installation
of the facility within 180 days of the date of notification. If the owner
or operator fails to perform, the Town may notify the owner and
operator to implement the decommissioning plan.
\[b\] The owner and operator (if different than the owner) shall
implement the decommissioning plan if any of the following
occurs: the Town notifies the owner and operator (if different than
the owner) to implement the decommissioning plan pursuant to
Subsection \[8\]\[a\] above; the lack of production for six continuous
months (or for 12 of any 18 months) after the system becomes
operational, unless the Planning Board grants an extension
pursuant to Subsection F(4) above; the lack of a current permit;
failure to maintain any required decommissioning bond or other
security; a violation of any site plan conditions or permit conditions
that continues more than 30 days after the Town provides written
notice of such violation (or, if the violation is not reasonably
capable of cure within 30 days, if the owner or operator fails to
commence to cure such violation within such 30 day period and
thereafter diligently and with continuity prosecute such cure to
completion in a period not to exceed 90 days after the Town’s
notice); any other event occurs that requires decommissioning as
stated in the decommissioning plan.
\[c\] If the owner and operator (if different than the owner) fail to fully
implement the decommissioning plan within 180 days, then in
addition to other remedies provided by this section or chapter, by
New York Town Law § 268, or by law or equity, the Town may
utilize the following procedure to remove a photovoltaic solar
energy system and/or implement a decommissioning plan:
\[i\] The Code Enforcement Officer may order removal of such
photovoltaic solar energy system and/or implementation of
the decommissioning plan by written notice to the owner or
person, company or other entity having control of the system,
and to the owner of the lot on which such system is located.
Adopted June 26, 2023 Pg. 17
The notice shall set forth a deadline by which such removal
and/or plan implementation must be completed. Said notice
shall further advise that, should the violator fail to so act within
the established deadline, the removal and/or plan
implementation may be performed by a designated
governmental agency or a contractor, with the expense
thereof to be charged to the violator and/or to become a lien
against the premises.
\[ii\] If the photovoltaic solar energy system is not removed and/or
the actions in the decommissioning plan are not completed
within the period set forth in the Town's notice or Town Board's
decision after any appeal thereof pursuant to Subsection
G(2)(c)\[8\]\[c\]\[iv\] below, the Town may enter the premises to
remove the system, cause the removal to be performed,
and/or implement the decommissioning plan. The Town's
entry onto such premises shall be pursuant to an agreement
between the Town and landowner. If no agreement exists or
can be obtained in a timely manner, the Town may seek a
warrant from a court of competent jurisdiction for access to
the premises and/or may seek a court order requiring or
authorizing all actions reasonably necessary to remove the
system and/or implement the decommissioning plan, with the
costs of such actions the sole responsibility of the violator.
\[iii\] In the absence of adequate financial surety (because none is
required for small- and medium-scale facilities, or if the Town
does not recover its costs and expenses from financial
security required for large-scale facilities), the Town shall
present the landowner with a bill for all costs and expenses
incurred by the Town in connection with the photovoltaic solar
energy system removal and/or decommissioning plan
implementation. If the landowner shall fail to pay such costs
and expenses within 15 days after the demand for same, or
within 30 days of the final decision on any administrative or
judicial contest the landowner may pursue, then such unpaid
costs, expenses and interest (at the statutory interest rate for
money judgments in New York State courts) incurred from the
date of the system removal and/or completion of the
decommissioning plan shall constitute a lien upon the land
on which such removal was undertaken. A legal action or
proceeding may be brought to collect such costs, expenses,
interest, and recoverable attorney's fees, or to foreclose such
lien. As an alternative to the maintenance of any such action,
the Town may file a certificate with the Tompkins County
Department of Assessment stating the costs and expenses
incurred and interest accruing as aforesaid, together with a
statement identifying the property and landowner. The
Tompkins County Department of Assessment shall, in the
preparation of the next assessment roll, assess such unpaid
costs, expenses and interest upon such property. Such
amount shall be included as a special ad valorem levy
(administered as a move tax) against such property, shall
Adopted June 26, 2023 Pg. 18
constitute a lien, and shall be collected and enforced in the
same manner, by the same proceedings, at the same time,
and under the same penalties as are provided by law for
collection and enforcement of real property taxes in the Town
of Ithaca. The assessment of such costs, expenses and
interest shall be effective even if the property would otherwise
be exempt from real estate taxation.
\[iv\] Appeals of notices and Town bills. Any person receiving a
notice to remove a photovoltaic solar energy system and/or
implement a decommissioning plan, or a bill for Town costs
and expenses, may appeal to the Town Board by, within 15
days of receipt of such notice or bill, delivering to the Town
Clerk at the Town offices an appeal requesting a
reconsideration and administrative hearing before the Town
Board. Such appeal shall state the basis for the request for
reconsideration and shall be accompanied by any supporting
materials. Failure to serve such an appeal within 15 days
shall be deemed a waiver of any claim or defense that the
notice or bill is not justified, and the violator shall comply with
the requirements of the notice or pay the bill. If the appeal is
timely filed, the Town Board shall, within 40 days of the filing,
hold a hearing and, based upon any relevant materials
presented by the Town and the appellant, shall issue a
resolution deciding the appeal within 30 days after the
hearing. Such resolution shall be filed with the Town Clerk,
who shall arrange for delivery of a copy of the decision to the
appellant within five days after such filing, at the address for
such person designated in the appeal or at such other
address as the appellant may thereafter designate in writing
to the Town Clerk. The Town Board's decision after the
hearing shall constitute a final agency action.”
Section 4. Chapter 270 of the Town of Ithaca Code (“Zoning”), Article XXVII
(“General Provisions”), Section 270-223 (“Fences and walls; retaining walls”), is amended
by adding a new Subparagraph A(13) reading as follows:
“(13). Ground-mounted photovoltaic solar energy systems. Town Code § 270-219.1’s
design standards, and requirements for fences for mechanical equipment and
structures for energy storage system components, apply.”
Section 5. Chapter 270 of the Town of Ithaca Code (“Zoning”), Article IV
(“Establishment of Zones”), Section 270-6 (“Enumeration of zones”), is amended by
adding a new Subsection E reading as follows:
“E. Large-scale photovoltaic solar energy system overlay district (see § 270-219.1,
Solar energy systems)”
Section 6. Addition of Lands to Overlay District. Ithaca Town Code Chapter
270 (Zoning) is amended by adding to the large-scale photovoltaic solar energy system
Adopted June 26, 2023 Pg. 19
overlay district the lots colored green, as shown on the map attached as “Exhibit A” to
this local law.
Section 7. Amendment of Zoning Map. The official zoning map of the Town of
Ithaca, effective April 1, 2004, last revised on January 24, 2022, and as amended to
date, is hereby further amended by inclusion of the lands described in this local law in
the large-scale photovoltaic solar energy system overlay district, all as set forth in this
local law.
Section 8. In the event that any portion of this law is declared invalid by a court
of competent jurisdiction, the validity of the remaining portions shall not be affected by
such declaration of invalidity.
Section 9. This local law shall take effect immediately upon filing with the New
York Secretary of State.
Adopted June 26, 2023 Pg. 20