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April 17, 2018 Town of Willet Adoption of Solar Energy Systems Local Law TO: Cortland County Planning Board FROM: Cortland County Planning Department This application for adoption of a solar energy systems local law is being referred to the Cortland County Planning Board pursuant to General Municipal Law 239-M because it affects property throughout the Town of Willet. GENERAL INFORMATION Date Received: April 17, 2018 Applicant: Town of Willet Town Hall 1425 – 1427 State Route 41 PO Box 37 Willet, NY 13863 Requested Action: Adoption of a Solar Energy Systems Local Law ANALYSIS – The Town of Willet is seeking to adopt a local law to establish regulations pertaining to Solar Energy Systems in order to facilitate the development and operation of renewable energy systems based on sunlight. The proposed law separates solar facilities into two categories (major solar collection system or solar farm and minor or accessory solar collection system). A major solar collection system or solar farm is defined as an area of land or other area used for a solar collection system principally used to capture solar energy and convert it to electrical energy to transfer to the public electric grid in order to sell electricity to or receive a credit from a public utility entity. Solar farm facilities consist of one or more freestanding ground- or roof-mounted solar collector devices, solar-related equipment and other accessory structures and buildings, including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities. A minor or accessory solar collector system is defined as a solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for collection, inversion, storage, and distribution of solar ---PAGE BREAK--- energy for electricity generation or transfer of stored heat, secondary to the use of the premises for other lawful purposes, principally for on-site use. A major solar collector system or solar farm is a solar energy collection facility which generates electricity primarily to sell to or receive credit from a public utility entity while a minor or accessory solar collection system is a solar energy collection system which generates electricity primarily for use by facilities on the property. Minor or accessory solar collection systems that are installed as roof top or building mounted solar collectors would only require a building permit to be obtained while ground mounted and freestanding solar collectors would be subject to the following requirements: The maximum height for freestanding solar panels located on the ground or attached to a framework located on the ground shall not exceed 15 feet in height above the ground. The total surface area of all solar collectors on the lot shall not exceed 3,000 square feet and, when combined with all other buildings and structures on the lot, shall not exceed fifty percent lot coverage. A building permit has been obtained for the solar collectors. The solar collectors are located in a side or rear yard. Solar collectors and other facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties and roads. A landscaped buffer shall be provided around all equipment and solar collectors to provide screening from adjacent residential properties and roads. Minor or accessory solar collector systems are also required to be removed by the property owner if it ceases to perform its originally intended function for more than 12 consecutive months. Major solar collector systems or solar farms would require the applicant to obtain a special permit from the Town Board after review and recommendation from the Town Planning Board. The proposed law however lists areas of potential sensitivity which must be avoided. These areas are: One-hundred-year flood hazard zones. Within any freshwater wetland. There are several additional requirements outlined for major systems or solar farms. The maximum height for freestanding solar panels located on the ground or attached to a framework located on the ground shall not exceed 15 feet in height above the ground. ---PAGE BREAK--- The minimum setback from the centerline of the road shall be 100 feet. The minimum setback from adjoining property lines shall be 50 feet. Solar collectors and other facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties and roads. A landscaped buffer shall be provided around all equipment and solar collectors to provide screening from adjacent residential properties and roads. Consideration shall be given to the adequacy, location, arrangement, size, design, and general site compatibility of proposed solar collectors. There are also several design standards for major systems or solar farms. Removal of trees and other existing vegetation should be minimized or offset with planting elsewhere on the property. Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction. All on-site utility and transmission lines shall, to the extent feasible, be placed underground. Solar collectors and other facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties and roads. All solar equipment, including any structure for batteries or storage cells, shall be enclosed by a minimum six-foot- high fence with a self-locking gate and provided with landscape screening. A solar farm to be connected to the utility grid shall provide a "proof of concept" letter from the utility company acknowledging the solar farm will be connected to the utility grid in order to sell electricity to the public utility. Major systems or solar farms are also required to have clearly visible warning signs concerning voltage placed at the base of all pad mounted transformers and substations and a sign not to exceed eight square feet placed at the main access point listing the facility name, owner and phone number. All applications for a major system or solar farm are also required to be accompanied by a decommissioning plan to be implemented upon abandonment or cessation of activity. If the applicant begins but does not complete construction of the project within 18 months after receiving final site plan approval (this should actually state a special permit), this may be deemed abandonment of the project and require implementation of the decommissioning plan to the extent applicable. The decommissioning plan must ensure the site will be restored to a useful, nonhazardous condition without delay, including, but not limited to, the following: Removal of aboveground and below-ground equipment, structures and foundations. Restoration of the surface grade and soil after removal of equipment. Revegetation of restored soil areas with native seed mixes, excluding any invasive species. The plan shall include a time frame for the completion of ---PAGE BREAK--- site restoration work. The proposed law includes additional timelines for completion of construction of the facility and decommissioning. In the event the facility is not completed and functioning within 18 months of the issuance of the final site plan approval, the Town may notify the operator and/or the owner to complete construction and installation of the facility within 180 days. If the owner and/or operator fail to perform, the Town may notify the owner and/or operator to implement the decommissioning plan. The decommissioning plan must be completed within 180 days of notification by the Town. Upon cessation of activity of a constructed facility for a period of one year, the Town may notify the owner and/or operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or operator can either restore operation equal to 80% of approved capacity or implement the decommissioning plan. The Town may also require a reclamation bond in an amount reasonably related to the expected cost to remove the facilities and restore the land. The proposed local law appears to provide the Town and applicant adequate guidance through the review process for development and operation of renewable energy systems based on sunlight in the Town. Adoption of the proposed law would be considered an Unlisted Action under SEQR. However, it is recommended that the Town complete a Full Environmental Assessment Form. RECOMMENDATION - The staff recommends adoption of the proposed local law to incorporate regulations pertaining to Solar Energy Systems as it would appear to provide the Town and applicant with adequate guidance through the review process for development and operation of renewable energy systems based on sunlight in the Town. This recommendation however is contingent upon the following: 1. The two references to ‘final site plan approval’ be changed to ‘a special permit’ in the Abandonment section of the proposed law as the Town would not require site plan approval for this use but would require a special permit. 2. Compliance with SEQR requirements. Prepared by: Daniel S. Dineen Director of Planning