HomeMy WebLinkAboutJ - 07 Cortlandville PV Review & Recommendations1
Cortland County Planning Department TRISHA HIEMSTRA P.E.
60 Central Ave Cortland, New York 13045-2838 Director of Planning
Telephone: (607) 753-5043 email: thiemstra@cortland-co.org
General Municipal Law (GML) 239 Return
May 12, 2023
GML# 106.00-03-13.100
Town of Cortlandville
Conditional Permit
Aquifer Protection District Special Permit
Cortlandville PV, LLC
TO: Cortland County Planning Board
FROM: Cortland County Planning Department
______________________________________________________________________________
These applications for conditional permit and aquifer protection district special permit are being referred
to the Cortland County Planning Board pursuant to General Municipal Law 239-M as the property is located
within 500 ft. of NYS Route 215, active farming operation within the Cortland County Consolidated
Agricultural District, and the Town of Virgil boundary.
______________________________________________________________________________
GENERAL INFORMATION
Date Received: April 28th, 2023
Applicant: Cortlandville PV, LLC
RIC Development 85 Broad St.
28th Floor
New York, NY 10004
Status of Applicant: owner
Requested Action: Conditional Permit, Aquifer Protection District Special Permit
Purpose: to construct a five megawatt ground mounted large scale solar energy
system, accessory access driveway, and security fencing encompassing
approximately 33.0+/- acres
Location: 3023 Route 215, just southwest of the intersection of Gallagher Rd,
Route 215, and Ely Road
Size: 76+/- acres (project area 33.0+/- acres)
Existing Zoning: AG (Agricultural)
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Existing Land Use: agricultural and woods
Surrounding Zoning: AG (Agricultural)
Surrounding Land Uses: N – residential and agricultural
S – woods and agricultural
E – residential and agricultural
W – woods
______________________________________________________________________________
ANALYSIS:
The applicant is requesting a conditional permit and an aquifer protection district special permit to
construct a five megawatt ground mounted large scale solar energy system, accessory access driveway, and
security fencing encompassing approximately 33.0+/- acres. The property is located southwest of the
intersection of Gallagher Rd, Route 215, and Ely Road, and is zoned AG (Agricultural).
The Coordinated Review Committee (CRC) reviewed this proposal and addressed the following
issues. The applicant is proposing to construct a five megawatt solar array, accessory access driveways and
security fencing encompassing a project area of approximately 33.0+/- acres. Ground-mounted large-scale
solar energy systems are permitted in the AG District subject to a conditional permit. An aquifer protection
district special permit is also required as the proposed development costs would exceed $150,000. The site
plan indicates that the proposed solar array would include single axis (sun) tracking design panels with the
solar array encompassing 33+/- acres of the 76+/- acre project area. The proposed system consists of 10,612
solar PV modules and 23 inverters which will be connected to 2 separate transformers. On-site utilities will
be installed underground with the exception of a section of the gen-tie line being overhead, per National
Grid’s interconnection design requirements. The applicant has stated that the amount of electricity that
would be generated from this solar array would be approximately 5,000 kW.
The array would be enclosed by 5,819 feet of 7 ft. in height chain-link fencing with a secured access
gate. Signage at the site would include the facility’s 911 address and the name and phone number of the site
owner and operations and management company. The applicant is also providing a locking latch with a fire
department provided knox box. It is recommended that the Town require the applicant to include 24 hour
emergency contact information to be clearly displayed. The solar panels would be ground mounted rotating
panels that would be mounted on a single axis tracking system, which is designed to rotate to track the sun’s
movement. The panels would have a maximum height of 15 ft. above ground and would be setback a
minimum of 50 feet from all adjoining properties.
The proposed project would also include direct current (DC)/AC power inverters, medium-voltage
transformers, and an interconnection to the existing electrical distribution system. The solar panels will be
electrically connected to combiner boxes which will be combined into central inverters which will be mounted
on concrete foundation pads. The inverters will be electrically connected to step-up transformers which will
transform the voltage. The electricity generated would then be distributed through the grid as community
distributed generation which would allow transfer of the electricity generated in the form of bill credits to
subscribing members within the same distribution utility territory and NY-ISO control load zone.
The site would be accessed via an improved existing driveway off Route 215. It is recommended that
the applicant obtain ROW work permit from NYSDOT for any work within the state highway right of way
limits. This 20 ft. wide driveway would extend approximately 1,975 ft. in length and would continue west
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from NYS Route 215 down the center of the array to provide access as far as transformer #2. This driveway
would be within the fenced area for the project and would be secured with a manual access gate. The proposed
project will also include underground collection cables which will extend approximately 817 ft from
transformer #1 the first utility pole.
Cortland County Soil and Water Conservation District provided the following comments:
Sole Source Aquifer: This site is located in Cortlandville Wellhead Protection Zone 2 for the
Terrace Road PWS well. Erosion and sediment and contaminant storage onsite must be managed
to ensure that there is no discharge of any contaminant to the tributary to Otter Creek located on
the west side of the property, or to groundwater.
Stormwater: Stormwater management of this project is regulated by the Town of Cortlandville
(municipal ordinance). The Cortland SWCD will review stormwater management aspects of the
project on behalf of the Town of Cortlandville.
On the 76 acre parcel, 33 acres are proposed for solar panels. Although the project proponent may
not intend to disturb much acreage, on slopes in wet weather, repeated vehicle usage between
panel rows will damage vegetation and expose soil, creating the potential for erosion. The project
proponent should be realistic in managing the site to avoid soil erosion and sediment leaving the
site or otherwise violate permits.
A modest portion of the area to be developed contains slopes up to 12%. These areas have
significant potential to generate erosion and sediment. The entire area to receive solar panels is
either HSG C or D; these areas are also prone to soil erosion. Depth to water on a portion of the
developed site is 0” - 24.” We have concerns for the stability of the solar panel support posts in
these areas. The western portion of the area to receive solar panels is also poorly or somewhat
poorly drained. These aspects of the soils onsite will affect stormwater management and will be
considered in our review for Cortlandville.
Panel orientation is proposed to be north-south such that drip lines will be perpendicular to the
contour for much of the site. This orientation is undesirable as it increases the likelihood of
erosion and it is inconsistent with regulatory requirements.
Waterbodies: An unnamed tributary to Otter Creek crosses the property on the west side
approximately 1200’ from the edge of the solar panel array. Although a significant vegetated
buffer will be left in place between the tributary and the construction area, all activities should be
conducted to avoid disturbance or contamination of this tributary.
Farmland Classification: Almost the entire site is classified as farmland of statewide importance.
NYSDEC provided the following comments:
The SWPPP was not included in the application packet. Cortland County SWCD performs
SWPPP reviews for the Town of Cortlandville. As such, NYSDEC Region 7 will not perform a
redundant review unless requested. However, due to the size of the proposed disturbance, it is
highly recommended that a 5 acre authorization be requested of NYSDEC as early in the process
as possible if more than 5 acres will be disturbed at any given time. This will allow time for
adequate review before construction begins for any modifications that may be necessary.
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The site plans show wetlands identified on site. No post-construction stormwater management
practices may be placed in NYSDEC regulatory wetlands, and permits may be required for
inclusion in the Regulatory Buffer.
The proposed entire 76 acre site is predominately being used as a farm field and wooded area mainly
along the western portion of the property that is not being disturbed as part of the proposal. There is concern
as to the potential stormwater impacts from a large scale solar array. While solar arrays themselves do not add
direct impervious cover, the kinetic energy of the water flowing off of the panels has the potential to create
driplines, and subsequently may cause erosion and channelization underneath the panels. There would be
vegetative cover underneath the panels that should be maintained on a regular basis. It is recommended that a
maintenance schedule be established to ensure that vegetative cover underneath the panels is maintained as it
would be the primary management practice for stormwater on site. The installation of solar arrays on a
cultivated farm field is considered land disturbance. Since this project would disturb more than one acre of
land, it would require the preparation of a Stormwater Pollution Prevention Plan (SWPPP) per the Town’s
stormwater ordinance including water quality and quantity management both during and after construction
activities. The applicant would also be required to file a Notice of Intent with the NYS Department of
Environmental Conservation (DEC), prepare and submit a stormwater pollution prevention plan (SWPPP) to
the DEC for the site and obtain a NYSDEC Construction Stormwater Permit GP-0-15-002 coverage for greater
than one acre of soil disturbance. The SWPPP must meet the current Stormwater Management Design Manual
and the Runoff Reduction and Green Infrastructure requirements. The applicant would also be required to
obtain approval of the final design of the stormwater pollution prevention plan from the County Soil and Water
Conservation District prior to any positive consideration of this proposal. It is also recommended that the
applicant contact the NYS DEC Division of Environmental Permits to request a jurisdiction determination and
to apply for and obtain any permits required as a result of this determination.
This site is predominately surrounded by agricultural lands and woods. It appears that there would be
minimal, if any, impact of glare on the surrounding residential properties. It should also be noted that as part
of the proposal the applicant has provided a Visual Impact Assessment was produced and provided to the
municipality. It is also recommended that the Town of Virgil receive notification of the project as it sited
directly on the municipal boundary.
This entire site is classified as farmland of statewide importance. The use of prime farmland for ground-
mounted large-scale solar energy systems requires Town Planning Board approval. The site plan also indicates
that a portion of the project area is covering delineated wetlands. It will be particularly important that all
erosion and sediment control be installed correctly and maintained to minimize impacts on these wetland areas.
It will also be important to revegetate disturbed areas as soon as possible after installation and to inspect and
maintain vegetation. It is recommended that disturbed areas are replanted with native species to enhance
ecological values. It is also recommended that the applicant consult with and obtain written confirmation from
the DEC that it is acceptable to install solar arrays within these delineated wetland areas.
The applicant has also submitted a decommissioning plan for the site which includes a financial surety
bond in an amount estimated for the cost for removal of all materials upon the facility no longer being in use.
Finally, the applicant has completed Part I of a SEQR Full Environmental Assessment Form. Parts II
& III should then be completed by the Town to determine if any significant adverse environmental impacts
may result from the proposed development.
______________________________________________________________________________________
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RECOMMENDATION
The staff recommends approval of this application for conditional permit and an aquifer
protection district special permit only if the following contingencies are satisfied:
1. the applicant place special attention to the western section of the proposed developed area to control
any runoff to equal or less than the existing site or eliminate the western portion of development
whose runoff is not collected by the 2 proposed retention ponds.
2. the town consider obtaining an independent fee estimate for the Decommissioning Plan that
includes permit/application fees, disposal tipping fees, potential environmental remediation costs,
or any other permit, disposal or application costs needed for total decommissioning, disposal, and
re-establishment of the site to its original condition.
3. that the applicant consults with and obtains written confirmation from the DEC that it is acceptable
to install solar arrays within delineated wetland areas.
4. that the Town require the applicant to include 24 hour emergency contact information to be clearly
displayed
5. that the applicant obtain ROW work permit from NYSDOT for any work within the state highway
right of way limits
6. that the Town of Virgil receive notification of the project as it sited directly on the municipal
boundary.
7. the applicant preparing and obtaining approval of a stormwater pollution prevention plan (SWPPP),
including water quality and quantity management for this site both during and after construction,
from the Town upon review by the County Soil and Water Conservation District, since this project
would disturb more than one acre of land.
8. the applicant filing a Notice of Intent with the NYS Department of Environmental Conservation
(DEC) in addition to the preparation of a stormwater pollution prevention plan for the site per the
NYS Phase II stormwater regulations and obtaining a NYSDEC Construction Stormwater Permit
GP-0-15-002 coverage since this project would disturb more than one acre of land. The SWPPP
must meet the current Stormwater Management Design Manual and the Runoff Reduction and
Green Infrastructure requirements.
9. that the applicant contacts the NYS DEC Division of Environmental Permits to request a
jurisdiction determination and to apply for and obtain any permits required as a result of this
determination.
10. that the Town thoroughly reviews the visual impact study that was provided to minimize any
potential negative visual impacts which may occur as a result of this project.
11. the applicant obtaining Town Planning Board approval of the use of farmland of statewide
importance for a ground-mounted large-scale solar energy system
12. that disturbed areas are replanted with native species to enhance ecological values.
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13. compliance with SEQR requirements
___________________________________
Prepared by:
Trisha Hiemstra, P.E.
Director of Planning