The purpose of the article is to outline special
exceptions to the guidelines of this chapter and to list additional
regulations required for special uses.
A.
Part 77 of the Federal Aviation Regulations adopted
by the Federal Aviation Administration of the United States of America,
as amended, and the project document for Cortland County Airport,
FAAP Project No. 9-30-049-1901 on file with the Clerk of the Legislature
of Cortland County, are incorporated herein and made a part hereof,
and shall apply to the area surrounding said airport, as follows:
B.
No structure shall penetrate the two approach surfaces
of said airport. They shall be centered on the extended center line
of the runway. They shall each begin 250 feet wide at the end of the
primary surface of the runway and extend outward and upward at a slope
of one foot vertically for each 20 feet horizontally. They shall extend
and expand to a width of 2,250 feet for a horizontal distance of 10,000
feet to an elevation of 500 feet.
C.
No structure shall penetrate the horizontal surface
of said airport, which is a circular plane established at a distance
of 150 feet above the airport reference point, with a radius of 5,000
feet from said airport reference point, excluding the two aforesaid
approach surfaces.
D.
No structure shall penetrate the conical surface of
said airport, which is a surface extending from the periphery of the
aforesaid horizontal surface outward and upward at a slope of one
foot vertically for each 20 feet horizontally for a horizontal distance
of 3,000 feet to an elevation of 300 feet.
E.
No structure shall penetrate the two transitional
surfaces of said airport. These shall extend outward and upward at
right angles to the center line of the runway at a slope of one foot
vertically for each seven feet horizontally from the edges of the
primary and the approach surfaces until they intersect the horizontal
or conical surfaces.
F.
The Zoning Board of Appeals may, pursuant to the provisions of Article XXI hereof, approve a structure which penetrates the approach surfaces, horizontal surface conical surface, or transitional surface of said airport; provided, however, that said structure shall be lighted and marked as required by the Federal Aviation Administration of the United States of America.
[Amended 2-16-2022 by L.L. No. 1-2022]
A.
New mines. All new mines and mining operations within the Town shall be permitted only within Agricultural Districts. To the extent any such proposed new mine in an Agricultural District is also located within an Aquifer Protection District or Zone 1B or Zone 2 of a Wellhead Protection Area District, they shall be subject to the special permit requirements in § 178-46. New mines located within Zone 1A of the Wellhead Protection Area District are prohibited in accordance with § 178-2.3.
B.
Existing mines. Existing mines located within Zone 1A of a Wellhead Protection Area District may expand only in accordance with § 178-2.3D(11). Existing mines not located within Zone 1A of a Wellhead Protection Area District must be either permitted by NYSDEC or exempt by State law from such permit requirements.
C.
Requirements
for exempt mines. All new and existing mines located within an Agricultural
District, but which are not located in either Zone 1A of the Wellhead
Protection Area District or the Aquifer Protection District, and which
are exempt from NYSDEC permitting requirements, must comply with the
following requirements:
(1)
The Planning Board, after due notice and public hearing as provided by law, may authorize the issuance of a permit for a period not to exceed one year (subject to renewal after due notice and public hearing as provided by law) for the excavation and sale or use off site of sand, gravel, clay or other natural mineral deposit, or the quarrying of any kind of rock formation in any district except a residential district. Subject to the provisions of Subsection C(5)(b) of this section, the Zoning Officer may issue a permit hereunder, without a public hearing, in the case of an application to excavate and sell or use in any one year less than 500 cubic yards of sand, gravel, clay or other natural mineral deposit. The Planning Board must be guided by the public health, safety and general welfare, not only of the citizens of the Town of Cortlandville, but of any other municipality, and must give particular consideration to certain factors as follows:
(2)
Before a permit for such use is issued, the
Planning Board shall find that such excavation or quarrying will not
endanger the stability of adjacent land nor constitute a detriment
to public welfare, convenience or safety by reason of excessive dust,
noise, traffic congestion or other conditions. The Planning Board
may specify any reasonable requirements to safeguard the public health,
safety and welfare in granting the permit.
(3)
No excavation for purposes other than for the
construction of a building, structure, driveway, sidewalk or similar
facility shall be commenced or continued except in conformity with
the provisions of this chapter, except that nothing in this chapter
shall require a person to obtain a permit for or prevent a person
from removing topsoil, or other earth products, from one part of his
premises to another part of the same premises when such removal is
necessary as an accessory use or is made for the purpose of farming
or improving said property.
(4)
Nothing in this chapter shall apply to the operation
or leasing of gravel pits or excavations by the Town of Cortlandville
for the provision of materials for the construction or maintaining
of roads and highways within the Town boundaries, or for the betterment
of the town.
(5)
Certain requirements shall be specified in whole or
in part by the Planning Board in granting the permit, and shall be
fulfilled by the applicant prior to, during the course of and following
the actual period of excavation or quarry working as follows:
(a)
The operation of the excavation or quarry shall
be conducted in a manner so as to prevent dust and noise, and shall
provide for such treatment as may be deemed necessary by the Planning
Board. All access shall be provided with a dustless surface not less
than 22 feet wide from the connection of a public street to a point
within 100 feet of the loading point, and such road shall be properly
maintained by the operator during the life of the operation.
(b)
The slope of the material in the excavation
or quarry shall not exceed the normal angle of repose of such material,
and the plan of such angle of repose, or the face of any quarry walls
or other excavation in rock, shall not come nearer than 100 feet to
any boundary line of the Town of Cortlandville, property line, street
or highway line (whether such street or highway line is within or
outside the boundaries of the Town of Cortlandville) or nearer than
1,000 feet to any Residential District line.
(c)
In the case of an open excavation or a quarry
or other excavation in rock, there shall be a substantial and acceptable
fence, with suitable gates, completely surrounding said quarry or
excavation and set at a distance of 50 feet or more from the face
of said quarry or excavation walls.
(6)
The applicant shall file with the Planning Board a
statement of the proposed work, together with a plan prepared by a
licensed engineer or land surveyor, showing the three-dimensional
extent of the proposed work through a plot plan showing existing grades
and contours and the grades and contours after the operation has been
completed. The plan shall be drawn to scale and shall show the location
of streets or roads adjoining the premises; the names of adjacent
property owners; the location of the premises and the dimensions of
that portion of the premises upon which the excavation is to be made;
the location, size and use of any existing or proposed structures;
cross sections of the property at intervals of 50 feet showing existing
and proposed elevations at intervals of five feet and also any break
in grade; and the elevation of the premises as compared to the elevation
of any abutting streets or roads. Recontouring and backfilling is
required where necessary to return the area to its original contours
or to the grades indicated by the plot plan when required by the Planning
Board. The operator shall set aside the top 10 inches of arable soil
on the premises, and when the premises have been returned to the grades
indicated on the plot plan, shall respread said soil over the area
to its original depth of 10 inches.
(7)
Before the issuance of a permit by the Planning Board
for quarries or excavations, the applicant must have executed an agreement
with the Town Board of the Town of Cortlandville whereby the applicant
contracts to restore the premises to the conditions approved and established
in accordance with the provisions of this section. The applicant shall
execute a bond or deposit cash with the Town Clerk in an amount sufficient
in the opinion of the Planning Board to secure the performance of
said agreement.
(8)
The amount of the bond may be reduced and/or portions
of the cash deposit returned to the applicant from time to time when,
in the opinion of the Planning Board, the lesser amount will be sufficient
to accomplish its purposes. In the event that the applicant who executed
the agreement does not fulfill his agreement, such bond or cash deposit
shall be a surety and condition for the faithful performance of this
section, and upon default, such bond or cash deposit shall be forfeited
to the Town of Cortlandville, and the Town shall proceed to restore
the premises in the manner prescribed either with its own forces or
by contract, after due notice to the applicant. If a surety bond was
provided by the applicant, notice shall be given to the surety upon
the bond, and, if the surety fails to comply with the agreement, the
Town shall charge the costs to the surety. The bond shall continue
in full force and effect until a certificate of compliance shall have
been issued by the Planning Board to the effect that all the provisions
of the applicant's agreement with the Town Board have been fulfilled.
(9)
Fees, payable upon the issuance of the permit, shall
be charged on the basis of the amount of material estimated to be
removed in the forthcoming year of operation, as set forth from time
to time by Town Board resolution.
(10)
Accurate records of operation shall be submitted
with each renewal application, and any adjustments shall be applied
to the next year's fee.
[Amended 12-16-2009 by L.L. No. 3-2009]
In any district, all swimming pools shall be completely enclosed with a permanent protective fence or barrier which shall be a minimum of four feet and a maximum of six feet in height measured from the ground level. All pools shall be fenced prior to filling with water. Said fence shall be so installed as to encompass the entire perimeter of the swimming pool, except that the wall of a dwelling or of an accessory building may form a part of the fence enclosure. Said fence shall be structurally sound and durable and shall be maintained in said condition. If said fence is constructed of plastic or wood, it must be so constructed that there are no open spaces exceeding two inches in width or 48 inches in length. If said fence is constructed of metal, it must be so constructed as to not have a linkage of more than three inches in diameter. Each entrance gate of said fence shall have a self-locking device and shall be kept closed and locked or attended by an adult at all times. The Code Enforcement Officer may approve, in writing, any fences erected or used on the effective date of this chapter which substantially comply with the provisions hereof. A building permit shall be obtained from the Code Enforcement Officer in accordance with Article XX, § 178-126.
In all zones, after site plan approval by the
Planning Board, where required, a permit may be issued by the Zoning
Officer to allow the conversion of a single-family residence to a
two-family residence if all the following conditions are met:
A.
The lot area, as a minimum, shall correspond to applicable
district bulk regulations.
B.
Each dwelling unit has a minimum of 600 square feet
of floor area.
C.
No dwelling unit is placed in a basement having less
than four feet of ceiling clearance above the average ground elevation.
D.
There are no exterior structural alterations except
as necessary for safety and improved access.
A.
Side and rear lots.
(1)
Nothing in this chapter shall prevent the projection
of an open staircase or fire escape into a side or rear yard for a
distance not to exceed eight feet.
(2)
Nothing in this chapter shall prevent the installation,
or projection into side or rear yards, of detached solar heating or
cooling collectors for a distance not to exceed 10 feet.
(3)
Notwithstanding any other provision of this chapter,
detached accessory buildings (see definition of accessory building
for size limit) may be constructed within five feet of any side or
rear lot line, provided that for each foot of height that the building
exceeds 15 feet, this distance shall be increased by one foot.
(4)
Notwithstanding any other provisions of this chapter
or an addition to an existing structure, an attached garage may extend
not more than three feet into an interior side yard.
B.
Lot size and width. Any lot or parcel of land under
one ownership on the effective date of this chapter with an area and/or
width less than that required in the district by this chapter may
be used as a lot for any purpose permitted in the district, provided
that the owner thereof owns no adjoining land and all other provisions
of this chapter are complied with.
Garage and house sales operations are permitted
in Residential and Agricultural Districts on a temporary basis, but
not as a permanent business. Such sales are limited to not more than
eight days a in two-month period and not more than 24 days in any
year.
Mobile homes are permitted in Residential and
Agricultural Districts on a temporary basis during construction of
a dwelling. The Zoning Officer may approve, in writing, use of a temporary
mobile home for a period not to exceed one year. The Zoning Board
of Appeals may approve an extension not to exceed one additional year.
A.
Business vehicles, boats and trailers in Residential
District. No machinery, equipment or motor vehicle commonly used in
business, except passenger vehicles, shall be parked or stored out-of-doors
in a Residential District. No boat, trailer or other recreational
equipment shall be parked or stored out-of-doors in a Residential
District within the required front and/or side yard areas.
B.
Storage of uninspected vehicles. Other than in a junkyard
or automobile graveyard, not more than two motor vehicles per family
shall be permitted on a single property without the current inspection
certificate required by Article 5 of the Vehicle and Traffic Law of
the State of New York.
[Added 8-7-1996 by L.L. No. 1-1996]
A.
Adult entertainment establishments may not be located
in any zone designated R-1, R-2, R-3 or Agricultural and may not be
located, when initially opened as, or converted to, an adult entertainment
establishment, within a multiuse commercial structure or within 2,000
feet of any of the following:
(1)
The boundary of any Residential or Agricultural Zoning
District.
(2)
Any property, including the exterior lot, used as
a licensed day-care facility.
(3)
Any structure, including the exterior lot, which has
tax-exempt status as a religious or educational use.
(4)
Park.
(5)
Any gymnastic center, library or museum.
B.
In addition to the requirements of this section, no
such adult entertainment establishment shall be located within the
Town of Cortlandville unless a conditional permit, as provided in
this law, shall have first been issued by the appropriate authorities
of the town.
C.
No such conditional permit shall be issued until the
Planning Board of the Town of Cortlandville has considered the factors
delineated as relevant to the issuance of special permits in general,
and has filed written findings regarding the factors reviewed and
considered by the Board.
[Added 12-16-2009 by L.L. No. 3-2009]
A.
A building permit is required for the installation of an outdoor-burning
device.
B.
Any outdoor woodburning device in existence on the effective date of this section shall be permitted to remain, provided that the owner applies for and receives a building permit within one year of such effective date. No outdoor woodburning device shall be permitted without full compliance except for Subsection D and I.
C.
Only firewood, untreated lumber, fossil fuels and corn are permitted
to be burned. Burning of any other materials shall be prohibited except
as approved by the manufacturer.
D.
Outdoor woodburning devices shall follow the minimum setback requirements
for the primary structure of the applicable zoning district.
E.
The chimney height of any device located 50 feet or less to any residence
not served by the device shall be at least two feet higher than the
eave line of the unserved residence; the chimney height of any device
located more than 50 feet but less than 100 feet to any residence
not served by the device shall be at least 75% of the height of the
eave line of the unserved residence, plus an additional two feet;
the chimney height of any device located more than 100 feet but less
than 150 feet to any residence not served by the device shall be at
least 50% of the height of the eave line of the unserved residence
plus an additional two feet; the chimney height of any device more
than 150 feet from any residence not served by the device shall be
a minimum of eight feet.
F.
Outdoor woodburning devices listed by the United States Environmental
Protection Agency as white tag or orange tag may be operated year
round, all other devices may only be operated between September 1
and May 31.
G.
All outdoor woodburning devices shall be equipped with a properly
functioning spark arrestor.
H.
Outdoor woodburning devices shall not be operated within 200 feet
of a hospital, school, day-care center or nursing home or within 200
feet of the boundary of a county, Town, or school park.
[Added 12-16-2009 by L.L. No. 3-2009]
Intent. This section regulates and provides standards for small
wind energy systems (WECS) designed for on-site home and farm use,
and that are primary used to reduce on-site consumption of public-utility-generated
and distributed electricity. The intent of this section is to encourage
the development of small wind energy systems and to protect the public
health, safety and community welfare.
A.
Permit required.
(1)
No WECS shall be constructed, reconstructed, modified or operated
in the Town of Cortlandville except in compliance with this section.
(2)
No wind measurements tower shall be constructed or operated
except in conjunction with and as part of an application for a small
WECS.
(3)
No transfer of real property on which a small WECS is situated
shall eliminate the liability of the owner of such property from compliance
with this section and the conditions of the conditional permit issued
for such WECS.
(4)
Notwithstanding the requirements of this section, replacement
in kind of a small WECS may occur without Town approval when:
D.
Setback. All WECS shall be set back from all property lines a minimum
of 1.5 times the total height of the WECS.
E.
Application. A conditional permit, (Article XIV) is required for all WECS. The Planning Board shall hold a public hearing with notification of all property owners adjacent to the proposed tower site or within 500 feet of the proposed tower site.
F.
Standards.
(1)
Only one small WECS per lot shall be allowed. More than one
may be permitted as long as each has the required minimum lot size
and the applicant demonstrates that the electric needs of the user
exceed the power generation capability of one WECS.
(2)
The height allowed shall be reduced if necessary to comply with all federal aviation requirements and § 178-115 of the Code of the Town of Cortlandville.
(3)
The maximum turbine power output is limited to 10 KW unless
the applicant demonstrates to the Town Planning Board that a larger
turbine is necessary to meet the historical or projected energy needs
of the applicant.
(4)
The system tower and components shall be painted a nonreflective,
unobtrusive color that blends the system and components into the surrounding
landscape.
(5)
The system shall be designed and located in such a manner to
minimize adverse visual impacts from public viewing areas (e.g., public
parks, roads, trails) and from adjacent properties.
(6)
Exterior lighting on any structure associated with the system
shall not be allowed except that which is specifically required by
the Federal Aviation Administration.
(7)
All on-site electric wires associated with the system shall
be installed underground except for "tie-ins" to a utility company
and public utility transmission poles, towers and lines. The Planning
Board may modify this standard if the project terrain is determined
to be unsuitable due to reasons of excessive grading, biological impacts,
or similar factors.
(8)
The system shall be operated such that no electromagnetic interference
is caused. If it has been demonstrated to the Planning Board that
a system is causing harmful interference, the system operator shall
promptly mitigate the harmful interference or cease operation of the
system.
(9)
At least one sign shall be posted on the tower at a height of
five feet warning of electrical shock or high voltage and harm therefrom.
No brand names, logo or advertising shall be placed or painted on
the tower or components where it would be visible from the ground,
except that a system or tower manufacturer's logo may be displayed
on a system housing in an unobtrusive manner.
(10)
Towers shall be constructed to provide one of the following
means of access control, or other appropriate method of access:
(11)
Anchor points for any guy wires for a system tower shall be
located within the property that the system is located on and not
on or across any aboveground electric transmission or distribution
lines. The point of attachment for the guy wires shall be enclosed
by a fence six feet in height or sheathed in bright orange or yellow
covering from three feet to eight feet above the ground.
(12)
The minimum height above the ground of the lowest part of the
wind turbine blade shall be at least 15 feet.
(13)
The level of noise produced during WECS operation shall not
exceed 50 dbA, measured at the boundaries of the closest parcel to
the WECS site.
(14)
All small WECS tower structures shall be designed and constructed
to be in compliance with applicable provisions of the New York State
Uniform Fire Prevention Building Code, and generally accepted engineering
practices.
(15)
All WECS shall be equipped with manual and automatic overspeed
controls. The manufacturer shall certify the conformance of rotor
overspeed control design and fabrication, with good engineering practices.
(16)
No WECS shall be constructed or operated so as to create artificial
habitat for raptor prey. Electrical boxes, perching opportunities,
etc., shall to the maximum extent possible be minimized.
(17)
No experimental, homebuilt, or prototype wind turbine shall
be allowed without documentation by the applicant of their maximum
probable blade throw distance in the event of failure and determination
by the Planning Board of appropriate setback distances on the basis
of that documentation.
(18)
A WECS shall be set back at least 1,000 feet from any import
bird area as identified by The New York Audubon Society and from state-listed
wetlands.
(19)
All WECS shall be maintained in good condition and in accordance
with all requirements of this section.
[Added 10-30-2018 by L.L.
No. 2-2018; amended 4-20-2022 by L.L. No. 4-2022]
A.
Intent. This section regulates the safe, effective and efficient
use of installed solar energy systems in order to encourage renewable
energy and a sustainable lifestyle by protecting the health, safety,
and welfare of the community while minimizing the adverse impact(s)
on the adjacent and surrounding neighboring properties.
B.
ARRAY
BUILDING-INTEGRATED SYSTEM
BUILDING-MOUNTED SYSTEM
DRIP LINE
FOREST CONVERSION (SUBSTANTIAL)
FOREST FRAGMENTATION
GLARE
GROUND-MOUNTED SYSTEM
INTERCONNECTION
KILOWATT (kW)
LOT COVERAGE
MODULE
NATIVE PERENNIAL VEGETATION
NET METERING AGREEMENT
NONPARTICIPATING RESIDENCE
POLLINATOR
PRIME FARMLAND
QUALIFIED SOLAR INSTALLER
REMOTE NET METERING
SOLAR-BASED ARCHITECTURAL ELEMENT
SOLAR COLLECTOR
SOLAR EASEMENT
SOLAR ENERGY APPLICANT
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
(1)
(2)
(3)
(a)
(b)
SOLAR PANEL
SOLAR PHOTOVOLTAIC (PV) RELATED EQUIPMENT
SOLAR SKYWAY
SOLAR THERMAL SYSTEM
TRACKING SYSTEM
WILDLIFE CORRIDOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any number of electrically connected photovoltaic (PV) modules
providing a single electrical output.
A solar photovoltaic system that is constructed as an integral
part of a principal or accessory building or structure and where the
building-integrated three system features maintain a uniform profile
or surface of vertical walls, window openings, and roofing. Such a
system is used in lieu of a separate mechanical device, replacing
or substituting for an architectural or structural component of the
building or structure that appends or interrupts the uniform surfaces
of walls, window openings and roofing. A building-integrated system
may occur within vertical facades, replacing view glass, spandrel
glass or other façade material; into semitransparent skylight
systems; into roofing systems, replacing traditional roofing materials;
or other building or structure envelope systems.
A solar photovoltaic system attached to any part or type
of roof on a building or structure that has an occupancy permit on
file with the Town of Cortlandville and that is either the principal
structure or an accessory structure on a recorded lot. This system
also includes any solar-based architectural elements.
The outermost edge of a roof including eaves, overhangs and
gutters.
Substantial forest conversion shall be defined as five acres
or 10% of the project area, whichever is greater. The project area
shall be defined as the fenced-in perimeter area plus any access roads.
The breaking of large, contiguous, forested areas into smaller
pieces of forest; typically these pieces are separated by roads, agriculture,
utility corridors, subdivisions, forest conversions, or other human
development.
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
A solar photovoltaic system mounted on a structure, pole
or series of poles constructed specifically to support the photovoltaic
system and not attached to any other structure, and the primary purpose
of producing electricity or thermal energy for on-site or off-site
use.
The technical and practical link between the solar generator
and the grid providing electricity to the greater community.
A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. A watt is a metric measurement
of power (not energy) and is the rate (not the duration) at which
electricity is used. 1,000 kW is equal to 1 megawatt (MW).
The area of the solar energy system that is surrounded by
fencing.
A module is the smallest protected assembly of interconnected
PV cells.
Native wildflowers, forbs, and grasses that serve as habitat,
forage, and migratory way stations for pollinators and shall not include
any prohibited or regulated invasive species as determined by the
New York State Department of Environmental Conservation.
An agreement with a local electric utility that allows customers
to receive a credit for surplus electricity generated by certain renewable
energy systems.
Residences and residential structures on an adjacent parcel
to where a Tier 3 solar energy system is proposed or an existing Tier
3 solar energy system is located.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
Land in active agricultural production defined as active
three of the last five years and is designated as “prime farmland”
in the U.S. Department of Agriculture Natural Resources Conservation
Service (NRCS)’s Soil Survey Geographic (SSURGO) Database on
Web Soil Survey, that has the best combination of physical and chemical
characteristics for producing food, feed, forage, fiber, and oilseed
crops and is also available for these land uses.
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition.
Allows solar photovoltaic owner generators to apply excess
generation credits from the generator system ("host account") to other
meters on property that is owned or leased by the same customer and
are within the same load zone as the generator ("satellites").
Structural/architectural element that provides protection
from weather that includes awnings, canopies, porches or sunshades
and that is constructed with the primary covering consisting of solar
PV modules, and may or may not include additional solar PV-related
equipment.
A photovoltaic cell, panel or array, or solar hot air or
water collector device, which relies upon solar radiation as an energy
source for the generation of electricity or transfer of stored heat.
A document recorded pursuant to New York State Real Property
Law § 335-b, the purpose of which is to secure the right
to receive sunlight across real property of another for continued
access to sunlight necessary to operate a solar energy system.
Any person, firm, corporation or any other entity submitting
an application to the Town of Cortlandville for a solar energy system.
Solar collectors, controls, inverters, energy storage devices,
and other materials and hardware, associated with the production of
electrical or thermal energy from solar radiation.
An electrical or thermal energy generating system composed
of solar collectors, solar thermal systems, and/or solar energy equipment.
A solar energy system in the Town of Cortlandville is classified as
Tier 1, Tier 2, and Tier 3:
Tier 2 ground-mounted small-scale solar energy systems includes
solar energy systems up to and including 2,500 square feet (measuring
the equipment surface area) and the principal purpose of which is
to provide electrical power to be consumed on-site or to provide power
to be shared with other power customers (which may include both physical
and virtual aggregation).
Tier 3 large-scale solar energy systems:
A Tier 3.a. solar energy system is primarily for the purpose
of on-site or off-site sale of electricity consumption and is larger
than 2,500 square feet in size of solar collectors (measuring the
equipment surface area) per lot, and up to 10 acres (measuring the
area that is surrounded by fencing).
A Tier 3.b. solar energy system is over 10 acres in size (defined
as fenced-in area that encloses the panels and other related solar
energy equipment).
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
Items including a solar photovoltaic cell, panel or array,
lines, mounting brackets, framing and foundations used for or intended
to be used for collection of solar energy.
The space between a solar energy system and the sun through
which solar radiation passes.
A system in which water or other liquid is directly heated
by the sunlight. The heated liquid is then used for purposes such
as space heating and cooling, domestic hot water and the heating of
swimming pools.
A number of photovoltaic modules mounted such that they track
the movement of the sun across the sky to maximize energy production,
either with a single-axis or dual-axis mechanism.
An area in the environment that functions as a passageway
for the purpose of providing connectivity between wildlife species
by means of dispersal and migration of individuals. Wildlife corridors
offer the possibility of linking habitats and reducing the isolation
of wildlife populations.
C.
Applicability.
(1)
This section applies to all building-mounted and ground-mounted
systems installed and constructed after the effective date of this
section. Solar energy systems constructed prior to the effective date
of this section are not required to meet the requirements of this
section.
(2)
Any upgrade, modification or structural change that alters the
size or placement of an existing solar energy system shall comply
with the provisions of this section.
(3)
The installation of any solar energy system does not carry with
it a right to a clear line of sight to the sun. It shall be the responsibility
of the applicant, installer, or developer to gain any and all solar
easements or agreements to maintain a line of sight to the sun.
(4)
The substantive requirements and standards for large solar energy
systems (Tier 3.a. and Tier 3.b.) set forth in this section are intended
to apply to all projects with more than 2,500 square feet in area
of solar collectors, including large projects subject to the permitting
authority of Section 94-c of the New York State Executive Law.
D.
Permitted locations. No solar energy system or device shall be installed
or operated in the Town of Cortlandville except in compliance with
this article.
(1)
Tier 1.a. and Tier 1.b. — building-integrated and building-mounted
solar energy systems.
(a)
Building-integrated and building-mounted solar energy systems
are permitted as an accessory use in all zoning districts when attached
to any lawfully permitted building or structure.
(b)
Building-integrated and building-mounted solar energy systems
shall not exceed the maximum height restrictions of the zoning district
within which they are located and are provided the same height exemptions
that apply to building-mounted mechanical devices or equipment.
(c)
All building-integrated and building-mounted solar energy systems
shall be exempt from the requirement for a conditional permit, unless
such system increases the overall height of the structure by six feet
or more.
(d)
All owners of building-integrated and building-mounted solar
energy systems must file a building permit application with the Code
Office, and obtain a valid building permit, prior to starting their
installation.
(2)
Tier 2 — ground-mounted small-scale solar energy systems.
(a)
Ground-mounted small-scale solar energy systems are permitted
as principal and accessory structures in all zoning districts.
(b)
Ground-mounted small-scale solar energy systems shall not be
located in the following areas, unless otherwise approved by the Planning
Board in conjunction with a conditional permit provided in Article
XIV/§ 178.73-77.
[1]
Areas of potential environmental sensitivity, such
as unique natural areas, flood plains, historic sites, State-owned
lands, conservation easements, trails, park land. Freshwater wetlands
should be avoided but projects impacting regulated freshwater wetlands
may be approved if any necessary permits are issued by the New York
State Department of Environmental Conservation or the United States
Army Corps of Engineers.
[2]
On slopes greater than 15%, unless the solar energy
applicant can demonstrate, through engineering studies and to the
satisfaction of the Town, which the proposed development will cause
no adverse environmental impact that will not be satisfactorily mitigated.
[3]
Placement within the front yards of residential
lots, if any above-ground portion of the system is within 100 feet
of a public highway right-of-way.
(3)
Tier 3.a. — ground-mounted large-scale solar energy systems;
less than 10 acres.
(a)
Ground-mounted large-scale solar energy systems are permitted as principal and accessory uses through the issuance of a conditional permit within Agricultural and Industrial Zoning Districts, subject to the requirements set forth in this subsection and Subsection E.
[1]
Ground-mounted large-scale solar energy systems
that produce electricity or thermal energy primarily for active farming
or agricultural uses, where the generation is less than 110% of the
farm use, shall be exempt from the requirement to obtain a conditional
permit.
(b)
Ground-mounted large-scale solar energy systems shall not be
located in the following areas unless otherwise approved by the Town
Planning Board in conjunction with the conditional permit approval
process.
[1]
Prime farmland as defined by this section. The
impact of up to 10% of the affected project acreage shall be considered
incidental.
[2]
Areas of potential environmental sensitivity, including
unique natural areas, flood plains, historic sites, State-owned lands,
conservation easements, trails, park land. Freshwater wetlands should
be avoided but projects impacting regulated freshwater wetlands may
be approved if any necessary permits are issued by the New York State
Department of Environmental Conservation or the United States Army
Corps of Engineers.
[3]
On slopes greater than 15%, unless the solar energy
applicant can demonstrate through engineering studies and to the satisfaction
of the Town that the proposed development will cause no adverse environmental
impact that will not be satisfactorily mitigated.
(c)
No conditional permit or renewal thereof or amendment of a current
conditional permit relating to a ground-mounted large-scale solar
energy system shall be granted by the Town Planning Board unless the
solar energy applicant demonstrates that such ground-mounted large-scale
solar energy system:
[1]
Conforms to all federal and state laws and all
applicable rules and regulations promulgated by any federal or state
agencies having jurisdiction.
[2]
Is designed and constructed in a manner which minimizes
visual impact to the extent practical.
[3]
Complies with all other requirements of the Town
of Cortlandville Zoning Law.
[4]
Conforms to all adopted plans of the Town of Cortlandville.
[5]
Complies with a fifty-foot front yard, rear yard,
and side yard setback.
[6]
Does not exceed 20 feet in height. Utility poles
for interconnection shall not be subject to the height restriction.
[7]
The lot coverage as defined by this section shall
not exceed 75% of the parcel size.
(4)
Tier 3.b. — ground-mounted large-scale solar energy systems
Larger than 10 acres in size.
(a)
Tier 3.b. systems are very large systems that have the potential
to significantly impact the Town of Cortlandville, its citizens and
the economy of the community.
(b)
Tier 3.b. solar energy systems are permitted through the issuance of a conditional permit within the Agricultural and Industrial Zones and are subject to site plan review and the requirements set forth by the Planning Board. In addition to the above Tier 3.a. requirements and provisions, Tier 3.b. systems shall also include the requirements in Subsection E below.
E.
Conditional permit design and installation standards.
(1)
Appearance and buffering:
(a)
A visual impact assessment (VIA) will be required to determine the extent and significance of Tier 3.a. and Tier 3.b. solar energy systems visibility. The Town Planning Board, at its discretion, may wave the requirement for the preparation of a VIA for both a Tier 3.a. and Tier 3.b. facility. The components of the VIA shall include identification of visually sensitive resources, viewshed mapping, confirmatory visual assessment fieldwork, visual simulations (photographic overlays), and a proposed visual impacts minimization and mitigation plan as outlined in Subsection E(1)(d) of this section. The scope of the VIA shall be submitted to the Planning Board for its approval. The VIA shall address the following issues:
[1]
The character and visual quality of the existing
landscape;
[2]
The visibility and appearance of the facility,
including all proposed components therein;
[3]
The visibility of all above-ground interconnections
and roadways to be constructed within the facility as determined by
the viewshed analysis;
[4]
The proposed facility lighting (including lumens,
location and direction of lights for facility site and/or task use,
and safety including worker safety);
[5]
Representative views (photographic overlays) of
the facility, including relevant front, side and rear views, indicating
approximate elevations;
[6]
The nature and degree of visual change resulting
from construction of the facility and above-ground interconnections;
[7]
The nature and degree of visual change resulting
from operation of the facility and above-ground interconnections;
[8]
A description of all visual resources that would
be affected by the facility.
(b)
The viewshed analysis component of the VIA shall be conducted
as follows:
[1]
Viewshed maps depicting areas of facility visibility
within one mile of the facility, as well as any potential visibility
from specific significant visual resources beyond the specified study
area, shall be prepared and presented on a topographic base map, the
scale of which is acceptable to the Cortlandville Town Planning Board.
For those projects that are visible from Interstate 81, the viewshed
maps shall be prepared within two miles of the facility. A line-of-sight
profile shall also be done for resources of concern, as approved by
the Town Planning Board, located within the VIA study area. The viewshed
maps shall provide an indication of areas of potential visibility
based on topography and vegetation, the highest elevation of facility
structures and distance zone (foreground, midground and background
areas). The potential screening effects of vegetation shall also be
shown. Visually sensitive sites, cultural and historical resources,
representative viewpoints, photograph locations, and public vantage
points within the view shed study area shall be included on the map(s)
or an overlay.
[2]
The VIA shall include a description of the methodology
used to develop the viewshed maps, including software, baseline information,
and sources of data.
[3]
The viewshed mapping shall be used to determine the potential visibility from viewpoints to be analyzed (as indicated in Subsection E(1)(b)[4] and locations of viewer groups in the vicinity of the facility, as determined pursuant to the preapplication meeting(s) held with the Town of Cortlandville Planning Board or its designee. These shall include recreational areas, residential and business locations, historic properties (listed or eligible for listing on the State or National Register of Historic Places), and travelers (interstate and other highway users).
[4]
In developing the application, the applicant shall
confer with the Town Planning Board, or its designee, and where appropriate,
the Office of Parks, Recreation, and Historic Preservation (OPRHP)
in its selection of important or representative viewpoints. Viewpoint
selection is based upon the following criteria:
[a]
Representative or typical views from unobstructed
or direct line-of-sight views;
[b]
Level of viewer exposure (i.e., frequency of viewers
or relative numbers, including residential areas, or high-volume roadways);
[c]
Proposed land uses; and
[d]
Assessment of visual impacts pursuant to the requirements
of adopted local laws or ordinances.
(c)
Visual contrast evaluation.
[1]
Photographic simulations of the facility shall
be prepared from the representative viewpoints to demonstrate the
post-construction appearance of the facility.
[2]
Additional revised simulations illustrating mitigation
shall be prepared for those observation points for which mitigation
is proposed in the application.
(d)
Visual impacts minimization and mitigation plan. The visual
impacts minimization and mitigation plan shall include proposed minimization
and mitigation alternatives based on an assessment of mitigation strategies,
including screening (landscaping), architectural design, visual offsets,
relocation or rearranging facility components, reduction of facility
component profiles, alternative technologies, facility color and design,
and lighting options for work areas and safety requirements. The facility
design shall incorporate the following measures for the visual impacts
minimization and mitigation plan:
[1]
The electrical collection system shall be located
underground, to the extent practicable. Structures shall only be constructed
overhead for portions where necessary based on engineering, construction,
or environmental constraints;
[2]
Electric collection and transmission facilities
design shall specify use of either wood poles or steel pole structures;
steel poles shall be self-weathering (such as Corten or equivalent)
or other surface finish in dark brown or green color, nonglare finish;
[3]
Glare for solar facilities. Solar panels shall
have antireflective coatings and the visual impacts minimization and
mitigation plan shall include an analysis using Sandia National Laboratories
Solar Glare Hazard Analysis Tool (SGHAT) methodology or equivalent,
that solar glare exposure at any nonparticipating residence, airport
or public roadway will be avoided or minimized, and will not result
in complaints, impede traffic movements or create safety hazards.
[4]
Planting plans which shall include the facility
substation; energy storage structures; and the point of interconnection
(POI) switchyard; and for components of solar generating facilities
as appropriate to facility setting.
[5]
A lighting plan(s), which shall address:
[a]
Security lighting needs at substation and switchyard
sites, as applicable, and any exterior equipment storage yards;
[b]
Plan and profile figures to demonstrate the lighting
area needs and proposed lighting arrangement and illumination levels
to provide safe working conditions at the collection substation site,
and any exterior equipment storage yards or other locations;
[c]
Exterior lighting design shall be limited to lighting
required for health, safety, security, emergencies and operational
purposes and shall be specified to avoid off-site lighting effects
to the greatest extent practicable.
(2)
Access and parking:
(a)
Ground-mounted large-scale solar energy systems shall be enclosed
by fencing to prevent unauthorized access. Warning signs with the
owner's name and emergency contact information shall be placed on
any access point to the system and on the perimeter of the fencing.
The fencing and the system shall be further screened by any landscaping
or decorative fencing needed to avoid adverse aesthetic impacts as
approved by the Town Planning Board.
(b)
Motion-activated or staff-activated security lighting around
the equipment area of a ground-mounted large-scale solar energy system
or accessory structure entrance may be installed provided that impacts
from such lighting are minimized to the greatest extent practical.
Such lighting should only be activated when the area within the fenced
perimeters has been entered.
(c)
A locked gate at all entrances to the fenced-in area(s) of the
solar energy system is required to obstruct entry by unauthorized
vehicles.
(d)
Equipment and vehicles not used in direct support, renovations,
additions or repair of any ground-mounted large-scale solar energy
system shall not be stored or parked on the facility site.
(3)
Engineering and maintenance:
(a)
Every solar energy system shall be built, operated and maintained
to acceptable industry standards, including but not limited to the
most recent, applicable standards of the Institute of Electric and
Electronic Engineers ("IEEE") and the American National Standards
Institute ("ANSI").
(b)
The Town, at the expense of the solar energy applicant, may
employ its own consultant(s) to examine the application and related
documentation and make recommendations as to whether the criteria
for granting the conditional permit have been met, including whether
the applicant's conclusions regarding safety analysis, visual analysis,
structural inspection, and stormwater management aspects are valid
and supported by generally accepted and reliable engineering and technical
data and standards. The applicant shall tender funds in an amount
which is decided by the Town to be held in escrow by the Town. The
Town shall administer the escrow funds and pay the consultant fees
according to terms and conditions that are agreed upon by the applicant
and the Town. The execution of an escrow agreement signed by the applicant
and the Town is recommended.
F.
Special provision.
(1)
The Town Planning Board may impose conditions on its approval
of any conditional permit under this section in order to enforce the
standards referred to in this section or in order to discharge its
obligations under the State Environmental Quality Review Act (SEQRA).
(2)
For purposes of this subsection, consideration may be given
to any relevant portions of the current, amended and/or future Town
of Cortlandville Comprehensive Plan and/or any other prior, current,
amended and/or future officially recognized Town planning document
or resource.
G.
Height, setback, and siting restrictions.
(1)
Height:
(a)
Tier 1 — building-mounted systems shall not exceed height
limitations of the zoning district:
[1]
System installed on a pitched roof that faces the
front yard of a property: the system must be installed at the same
angle as the roof on which it is installed with a maximum distance,
measured perpendicular to the roof, of 18 inches between the roof
and edge or surface of the system.
[2]
System installed on a sloped roof: the highest
point of the system shall not exceed the highest point of the roof
to which it is attached.
[3]
System installed on a flat roof: the highest point
of the system shall be permitted to extend up to six feet above the
roof to which it is attached.
(b)
Tier 2, Tier 3.a and Tier 3.b ground-mounted systems may not
exceed the permitted height of accessory structures in the zoning
district where the solar energy system is to be installed or an average
of 20 feet from the ground, whichever is less. This height restriction
does not apply to any substation(s) or utility pole(s).
(2)
Setback:
(a)
Setback for Tier 2 ground-mounted systems as a primary use or
accessory use are subject to setback requirements in the zoning district
in which the system is to be constructed.
(b)
Setback for Tier 3 ground-mounted systems as a primary use shall
be 100 feet from any property line or 200 feet from any nonparticipating
domiciliary residence, whichever is greater.
(c)
The required setbacks are measured from the property line to
the nearest part of the system (except that the 200-foot setback from
any nonparticipating domiciliary residence shall be measured from
the domiciliary residence to the nearest physical part of the system).
Fencing shall generally be considered to be the closet part of the
solar energy system. No part of the ground-mounted system shall extend
into the required setbacks due to a tracking system or other adjustment
of solar energy-related equipment or parts.
(d)
Access roads, utility poles, and underground equipment are exempt
from setback requirements. Stormwater management facilities are also
exempt from setback requirements.
(e)
Setback requirements shall not apply to common interior property
lines where two adjacent properties are part of the same project and
controlled by the project sponsor.
(3)
Siting:
(a)
Previously cleared or disturbed areas are preferred locations
for solar panel arrays.
(b)
Layout and orientation. Tier 3 solar energy systems should be
designed in a manner that minimizes clearing and grading. The orientation
and layout of solar panel arrays shall follow the natural contours
of the landscape.
(c)
Cut and fill shall be avoided to the maximum extent possible.
Vehicular paths within the site shall be designed to minimize the
extent of impervious materials and soil compaction.
(d)
Avoidance of steep slopes. Wooded slopes and steep slopes are
part of the natural resources that define Cortlandville's character
and attractiveness. Those resources should be protected from permanent
alteration by minimizing clearing and development on steep slopes
exceeding 15% for Tier 3 solar energy systems.
(e)
Trees and forests. Forests provide numerous benefits to the
people of New York State including wildlife habitat, carbon sequestration,
water quality protection, flood prevention and the production of timber
products to name a few. Substantial forest conversions should generally
be avoided, but there are situations when a project might be able
to justify a substantial forest conversion; for example, even-aged
planted plantations that provide little biodiversity. Forest conversions
that result in forest fragmentation or the disruption of wildlife
corridors is prohibited. Any application for a Tier 3 large-scale
solar energy system approval that includes or requires tree cutting/substantial
forest conversion must include a description/assessment of the benefits
of the trees or forest to be cut and the environmental impacts of
that tree cutting/forest conversion. Such assessment shall also include
an analysis of alternatives and mitigation measures to minimize impacts.
(f)
Native vegetation. Tier 3 solar energy system owners shall develop,
implement, and maintain vegetation native to the State of New York
to the extent practicable pursuant to 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. Vegetation
shall be maintained below solar panels. It is encouraged that the
ground within the fenced perimeter shall not be tamped, compressed,
or otherwise conditioned to inhibit the growth of natural vegetation.
H.
Nonconformance.
(1)
Tier 1 — building-mounted systems:
(a)
If a building-mounted system is to be installed on any building
or structure that is nonconforming because its height violates the
height restrictions of the zoning district in which it is located,
the building-mounted system shall be permitted, so long as the building-mounted
system does not extend above the peak or highest point of the roof
to which it is mounted and so long as it complies with the other provisions
of this section.
(b)
If a building-mounted system is to be installed on a building
or structure on a nonconforming property that does not meet the minimum
setbacks required and/or exceeds the lot coverage limits for the zoning
district in which it is located, a building-mounted system shall be
permitted, so long as there is no expansion of any setback or lot
coverage nonconformity and so long as it complies with the other provisions
of this section.
(2)
Tier 2 and Tier 3 — ground-mounted systems:
(a)
If a ground-mounted system is to be installed on a property
containing a structure that is nonconforming because the required
minimum setbacks are exceeded, the proposed system shall be permitted
so long as the system does not encroach into the established setback
for the property.
(b)
If a ground-mounted system is to be installed on a property
that is nonconforming because it violates zoning district requirements
other than setbacks, then a conditional permit must be obtained for
the proposed installation.
I.
Signage and/or graphic content.
(1)
No signage or graphic content may be displayed on the solar
PV system except the manufacturer's badge, safety information and
equipment specification information. Said information shall be depicted
within an area no more than 36 square inches in size.
(2)
Disconnect and other emergency shutoff information will be clearly
displayed on a light-reflective surface.
(3)
Twenty-four-hour emergency contact information will be clearly
displayed.
(4)
Systems and sites may not be used for displaying advertising
except for reasonable identification of the owner/operator and shall
comply with all signage restrictions.
J.
Public noticing requirements. In addition to the Town of Cortlandville's
other public noticing requirements, adjoining property owners to all
Tier 3.b. projects shall be provided notice of the Town of Cortlandville's
receipt of such an application.
K.
Right of inspection.
(1)
In order to verify that the solar energy system's owners, and
any and all lessees, renters, and/or operators of the solar energy
system, place, construct, modify, and maintain such systems, including
solar collectors and solar inverters, in accordance with all applicable
technical, safety, fire, building and zoning codes, laws, ordinances
and regulations and other applicable requirements, the Town may inspect
all facets of said system's placement, construction, modification
and maintenance.
(2)
Any inspections required by the Code Office that are beyond
its scope or ability shall be at the expense of the solar energy applicant.
L.
Decommissioning (including financial security) and abandonment.
(1)
Decommissioning plan — ground-mounted large-scale solar
energy system.
(a)
At the time of submittal of the application for a conditional
permit for a ground-mounted large-scale solar energy system, the solar
energy applicant shall submit and agree to the performance of a decommissioning
plan that includes the removal of the solar energy system and all
associated equipment, driveways, structures, buildings, equipment
sheds, lighting, utilities, fencing, and gates. Upon removal of a
ground-mounted large-scale solar energy system, the land shall be
restored to its previous condition, including but not limited to the
seeding and sodding, as appropriate depending upon the season of the
work, of exposed soils.
(2)
Financial security.
(a)
At the time of obtaining a building permit, the solar energy
applicant may be required to provide a financial security bond or
other form of financial security acceptable to the Town for removal
of the ground-mounted large-scale solar energy system and property
restoration, with the Town of Cortlandville as the obligee, in an
amount approved by the Town Planning Board (the amount to restore
the site to its preconstruction or negotiated condition). Upon any
amendment of the conditional permit, the Town Planning Board may adjust
the required amount of the financial security bond to adequately cover
increases in the cost of removal of the ground-mounted large-scale
solar energy system and property restoration. In addition, the solar
energy applicant shall have the amount of financial security updated
at five-year intervals.
(3)
Abandonment/decommissioning.
(a)
Abandonment. Ground-mounted large-scale solar energy system.
If such system ceases to perform its originally intended function
for more than 12 consecutive months, the Town may require its removal
in accordance with the decommissioning plan. In the event a permitted
solar energy system is considered to be abandoned, the Town Board
shall provide the project sponsor an opportunity to explain the abandonment
and may grant, as appropriate, without limitation, the project sponsor
time to restore the solar energy system to operational status as it
deems appropriate. If the ground-mounted large-scale solar energy
system is not decommissioned after being considered abandoned, the
Town may call in the financial security bond that the project sponsor
has provided for this purpose and have the system removed and the
property restored.
(b)
Abandonment. All other solar energy systems shall be considered
abandoned after 12 consecutive months without electrical energy or
thermal energy generation and must be removed from the property. In
the event a permitted solar energy system is considered to be abandoned,
the Town Planning Board shall provide the project sponsor an opportunity
to explain the abandonment and may grant, as appropriate, without
limitation, the project sponsor time to restore the solar energy system
to operational status as it deems appropriate. If the solar energy
system is not decommissioned after being considered abandoned, the
Town may remove the system and restore the property and impose a lien
on the property to recover the cost to the Town.
(c)
Decommissioning. At the time of decommissioning, whether as
the result of abandonment or at the end of the solar energy system's
useful life, the Town Planning Board may allow certain infrastructure,
such as culverts, access roads, and fencing, to remain in place at
the request of the current landowner and with the concurrence of the
solar energy system owner responsible for decommissioning.
M.
Permit requirements. Before any construction or installation on any
solar PV system shall commence, a building permit issued by Town of
Cortlandville shall be obtained to document compliance with this section.
O.
Payment in lieu of taxes (PILOT). For reduced costs to system developers
and energy consumers, and an alternate revenue stream to the community,
see Local Law Adopting the Town of Cortlandville's Solar Energy System
PILOT Law[2] of the Town of Cortlandville, New York.
P.
State Environmental Quality Review Act. This Local Law is classified
a Type I action pursuant to 6 NYCRR § 617.4(b)(2) under
the State Environmental Quality Review Act.
