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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) 2 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 3 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. 4  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. ______________________________________________________________________________________ 5 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. 6 13. compliance with SEQR requirements ___________________________________ Prepared by: Trisha Hiemstra, P.E. Director of Planning