Tully Town City Zoning Code
§ 280-11.4
Tier 3 Solar Energy Systems Overlay District.
[Added 3-8-2023 by L.L. No. 2-2023]
No special use permit for a Tier 3 solar energy system shall be issued unless a Solar Energy System Overlay Zoning District has been established by the Town Board for the subject premises pursuant to this section.
A.
Applicability. The Tier 3 Solar Energy Systems Overlay Zone District law shall apply to a property in conjunction with and in addition to the uses and dimensional controls of the underlying zoning district. Zoning regulations applicable to Tier 3 Solar Energy Systems Overlay Zone Districts, as defined in this Code, shall supersede the requirements of the underlying zoning if they are in conflict.
B.
Establishment of Tier 3 Solar Energy Systems Overlay District. The Town Board, on recommendation of the Town Planning Board, or at the request of a property owner or on the Board's own initiative, may expand or establish a Tier 3 Solar Energy Systems Overlay Zone District on any property in the Town as set forth in the Code.
C.
Planning Board review; proposals.
(1)
In addition to the procedural requirements applicable to a zone change mandated by the Tully Town Code and/or New York State law, including public hearings and required notices, the Town Board shall provide at least 30 days for the Town Planning Board to review and comment on any new district or expanded boundary modification.
(2)
All proposals shall include the following:
(a)
Concept site plan. Prior to the submission of any application for rezoning in the creation of a solar systems overlay district by the town Board, the applicant shall submit a concept site plan, as described below, to the Town Planning Board for its review and recommendation on the zoning and/or creation of a Tier 3 Solar Energy Systems Overlay District.
[1]
The concept site plan. For the purposes of this section, a concept site plan is a map, drawn to scale, prepared by a licensed engineer or architect, which graphically depicts the proposed improvements to the property, including topographical features, system footprints, travel ways, access locations, drainage facilities, lighting, landscaping, buffering, fences, and\signs. Said concept plans will also depict existing improvements and contain all information required by the Town of Tully site plan regulations and shall be in accordance with the design and construction standards of the Town of Tully.
(b)
Map of surrounding land uses and structures within 1,000 feet of the site.
(c)
Narrative discussion of how the site relates to the scenic quality of the area and the impacts, if any, upon the landscape, proposed mitigating measures and the availability of alternate sites.
(d)
Proof of ownership of the land proposed for the overlay districts.
(e)
A completed long-form environmental assessment form (EAF).
(f)
Present land use and proposed future land use. Present land use of lots abutting the proposed overlay district site within 500 feet.
(g)
The report of the Planning Board resulting from the aforesaid concept site plan review.
(h)
Current zoning of site.
(3)
The Town Board may designate an applicant or agency to provide the necessary information and may require that additional information be provided in order to render a decision at the expense of the applicant.
D.
Permitted structures and uses.
(1)
Tier 3 solar energy systems, as defined in the Code, and support facilities regularly and customarily used to operate solar energy systems shall be permitted only within the Solar Energy System Overly Zone upon the issuance of a special use permit pursuant to the Code.
(2)
Structures shall be subject to the applicable controls restrictions of the underlying zoning.
E.
Locational guidelines for Tier 3 Solar Energy System Overlay Zone Districts. In considering a zone change, the Town Board shall, to the extent practicable, and in its own discretion, seek to:
(1)
Preserve prime farmland. The preservation of prime farm lands of imperative importance.
(2)
Prevent saturation of solar energy systems in any one area of the Town.
(a)
Avoid saturation. No Tier 3 Solar Energy System Overlay Zone District shall be approved if it is within one mile of an already approved Tier 3 solar energy system unless the Town Board makes specific findings that it will not have a significant effect on the community character and/or prime farm land of the area. There is a presumption that siting a Tier 3 solar energy system within one mile of an existing Tier 3 solar energy system will have a significant effect on community character and/or prime farm land, and the burden is on the applicant to prove otherwise.
(3)
Avoid sites that substantially contribute to and are important to the scenic quality of the landscape.
(4)
Assess the availability and feasible use of alternate sites.
(5)
Avoid locating any Tier 3 solar energy systems in close proximity to the various lakes and other water bodies in the Town of Tully.
F.
If an application for a Solar Energy System Overly District is approved, the applicant shall then proceed with an application under the Code or a Tier 3 solar energy system permit.