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HomeMy WebLinkAboutTB 2023-083 Adopt LL 11 of 2023 Revisions - Solar FacilitiesMEETING OF THE ITHACA TOWN BOARD May 22, 2023 TB Resolution 2023 - 082: Adoption of Local Law11 of 2023 Amending the Town of Ithaca Code, Chapter 270 Entitled “Zoning,” to Revise Provisions Related to Solar Facilities Whereas, the Town Comprehensive Plan includes the goal to “Encourage and facilitate the production and use of renewable energy” and the recommendation to “Revise regulations to facilitate local renewable energy production and use,” and Whereas, Ithaca Town Board Resolution 2020-049 (Resolution in Support of a Green New Deal), and Town Code Chapters 135 (Community Choice Aggregation (Energy) Program) and 144 (Energy Code Supplement) support the development and operation of renewable energy systems based on sunlight, and Whereas, the Town’s current law providing for large-scale solar facilities and installations, Town Code §270-219.1 titled “Solar energy systems,” restricts the footprint for ground mounted large-scale solar facilities to a maximum of 10-acres, and Whereas, a 10-acre maximum solar facility footprint is not adequate to serve the renewable energy needs of the commercial, institutional, and other non-residential uses in the Town. In addition, remote net metering of solar energy (energy generated on-site that is credited to an off-site location(s)), and community distributed generation (energy credits are distributed to community members invested in a solar project), are making development of large-scale solar facility projects an attractive renewable energy option, and Whereas, the Planning Committee discussed revising the Town Code to update provisions related to solar facilities at meetings on August 18, 2022, and September 15, 2022, and subsequently worked on developing local law language at monthly committee meetings throughout the end of 2022, with a Planning Committee review of a revised working draft on February 16, 2023, and additional changes subsequently made by Town staff and the Attorney for the Town, and Whereas, at its May 16, 2023, meeting, the Planning Board recommended approval of the proposed local law with no changes, and Whereas, at its meeting on April 24, 2023, the Ithaca Town Board reviewed and discussed the proposed local law and adopted a resolution for a public hearing to be held by the Board on May 8, 2023, at 5:30 p.m., to hear all interested parties on the proposed local law entitled “A Local Law Amending The Town of Ithaca Code, Chapter 270 Entitled “Zoning,” To Revise Provisions Related to Solar Facilities; and Whereas, notice of said public hearing was duly advertised in the Ithaca Journal; and Whereas, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, adoption of said local law is a Type I Action for which the Town Board of the Town of Ithaca, acting as lead agency in an environmental review with respect to adoption of this local law, has, on May 22, 2023, made a negative determination of environmental significance, after having reviewed and accepted as adequate the Full Environmental Assessment Form Parts 1, 2 and 3; and Whereas, the Town Board finds that the amendments to the Town Code revising provisions related to solar facilities will further the Town’s sustainability goals in accordance with the Comprehensive Plan, Green New Deal, and Energy Code Supplement; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law 11 of 2023 entitled “A Local Law Amending the Town of Ithaca Code, Chapter 270 Entitled “Zoning,” to Revise Provisions Related to Solar Facilities”; and it is further Resolved, the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. Moved: Pamela Bleiwas Seconded: Rich DePaolo Vote: ayes – Bleiwas, DePaolo, Howe, Levine, Rosen and Johnson 1 1