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Home My WebLink AboutJ - 07(a) Cortlandville PV Resolution # 23-15 ON THE MOTION OF RESOLUTION NO. 23-15 Donnell Boyden GML# 106.00-03-13.100 Town of Cortlandville Aquifer Protection District Special Permit, Conditional Permit, Cortlandville PV, LLC WHEREAS, on May 17, 2023 the Code Enforcement Officer, Town of Cortlandville pursuant to General Municipal Law 239 M submitted an application for Aquifer Protection District Special Permit, Conditional Permit because the property is located within 500 ft. of NYS Route 215, active farming operation with Cortland County Consolidated Agricultural District and Town of Virgil boundary. WHEREAS, the Cortland County Planning Department has reviewed this request and submitted a written report dated, May 12, 2023 which is on file, AND WHEREAS, the Cortland County Planning Board, on May 17, 2023, held a regular meeting with a quorum and did consider this request, AND WHEREAS, the Cortland County Planning Board did thoroughly consider the material submitted by the petitioner, Department comments, and all other relevant reports on file, NOW THEREFORE BE IT RESOLVED, that only upon adherence to the following contingencies does the Board recommend approval of this application for the construction of a five megawatt ground mounted large scale solar energy system, accessory access driveway, and security fencing encompassing approximately 33.0± acres. 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. 13. compliance with SEQR requirements BE IT FURTHER RESOLVED, that the Board reminds the Town of Cortlandville that the requirements of General Municipal Law Section 239 M that a supermajority vote is to be attained by the Town of Cortlandville in order to approve this application unless every contingency documented in this resolution is followed, AND BE IT FURTHER RESOLVED, that the Board reminds the Town of Cortlandville the requirements of General Municipal Law Section 239 M that the Town of Cortlandville is to file a report of final action with the Planning Department within thirty days after final action, AND BE IT FURTHER RESOLVED, that the Planning Department is hereby authorized to convey this action to the Code Enforcement Officer, Town of Cortlandville. _____________________________ Laurie Comfort, Secretary Cortland County Planning Board May 17, 2023 Ayes: 9 Nays: 2 (absent) Abstain: