HomeMy WebLinkAboutTB 2023-087 Recission and Adoption LL Revisions - Solar FacilitiesMEETING OF THE ITHACA TOWN BOARD
June 12, 2023
TB Resolution 2023 - 087: Rescission of TB Resolution 2023-083 and Adoption of a Local Law 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, the public hearing was duly advertised and 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, on May 8, 2023, a substantive change was made to the Large Scale Solar Overlay Zone Map, which Map is part of the law and which was not available to the public prior to May
8, 2023, and
Whereas the Town Board adopted TB Resolution 2023-083 adopting Local Law 10 of 2023 entitled “A Local Law Amending the Town of Ithaca Code, Chapter 270 Entitled “Zoning,” to Revise
Provisions Related to Solar Facilities” on May 22, 2023 and
Whereas, a second public hearing was properly advertised and held on June 12, 2023 regarding the local law amending the Town of Ithaca Code, Chapter 270 entitled “Zoning” to revise provisions
related to Solar Facilities with the updated Large Scale Solar Overlay Zone Map available to the public, now, therefore be it
Resolved, that the Town Board of the Town of Ithaca hereby rescinds TB Resolution 2023-083 and hereby adopts Local Law 10 of 2023 entitled “A Local Law Amending the Town of Ithaca Code,
Chapter 270 Entitled “Zoning,” to Revise Provisions Related to Solar Facilities”, and be it 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, Goodman, Levine, Rosen and Johnson
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