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HomeMy WebLinkAboutLL #07 2014 Customer Copy - I I IIIIIIIIIIIIIII Label 11-F, April 2004 ' VIII illll VIII III Ii 11111 11111 lilll 111 IIIIIIBIIIilllillli EM 679787849 US ANEXPRE-55 _ UNITED STdTL�SPOSTAL SERVICE® Post OfficeToAddressee ' _ - • - SOUTHOLD MPO PO ZIP Code Day of Delivery Postage fi Delivery Attempt Time AM Employee Signature SOUTHOLD, New York 7� Next ❑2nd ❑2nd Day $ 7 Mo. ❑PM 119711000 chedul o Delivery Return Receipt Fee Delivery Attempt Time ❑AM Employee Signature 3548330971-0098 ;..a AcceptedMonth ay $ 06/20/2014 (800)275-8777 11 :47:48 AM Mo. Da ❑pM Day Year Scheduled time of Delivery =Feelnsurance Fee Delivery Date Time Employee SignatureTimeAccepted ,/ AMJ6Noon ❑3 PM Mo. Day ❑PM -- Sales Sale Receipt tl- Y Ilitary Total Postage 8 Fees r Ja 1 e Un t Final El!! PM Product Flat Rate❑or Weight ❑2nd Day ❑3rd Day $ . j q, ; Description Qty Price Price InYI Alpha Country Code Accept .Initials lbs. ozs. al ..raa d'aa°' ALBANY NY 12231 Zone-2 $19.99 METHOD OF PAYMENT: , Priority Mail Express 1-Day Express M.Corporate Acct:No. Federal Agency A.W No.or Postal SeMce Acct.No. Flat Rate Env r " FROM:mLEAse PRINn PN0N431 , 765— 800 -1rTO:(PLEASE PRINT) PHONE t 18 1474 2755- --, 3.30 oz. TD USPS Tracking #: TOWN v� New York State Department of StateEM679787849US SOUTHOLD PO C() ,' a 17 F,.State REcards Law Bureau One Commerce Plaza Scheduled Delivery Day: Sat S 0 '��uL.s� �aSF ��������'�"'� 99 06/21/14 12:OOPM - Money Back Albany,ATT; Town Clerk's Office , NY 12231 Washington Avenue Guarantee Includes $100 insurance j L , Signature Requested 1-800-222-1811 - PICKUP OR TRACKING: Visit WWW.USPS.COM or Call Paid by account: $1g,gg T USPS Corporate 119294 - — ---- ---- _--- ---- -- -- - __ Account number ' TOWN OF SOUTHOLD 1 Issue PVI: $0.00 Total: $0.00 Paid by: Save this receipt as evidence of insurance. For information on filing an insurance claim go to usps.com/ship/file-domestic-claims,htm Order stamps at usps.com/shop or call 1-800-Stamp24. Go to usps.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-USPS. Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. Bill#:1000202678339 Clerk:02 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business HELP US SERVE YOU BETTER j Go to: https://postalexperience.com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS Customer Copy i i i STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M. CUOMO 99 WASHINGTON AVENUE CESAR A. PERALES GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE July 1, 2014 Lynda M Rudder RECEIVED Deputy Town Clerk Town Hall, 53095 Main Road JUL - 9 2014 , PO Box 1179 , Southold NY 11971 Southold Town Clerk RE: Town of Southold, Local Law 7 2014, filed on June 23, 2014 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely, State Records and Law Bureau (518) 474-2755 WVWV.DOS.NY.GOV E-MAIL:INFO@DOS.NY.GOV o��SUFF0j jf ELIZABETH A. NEVILLE,MMC �� r/y Town Hall,53095 Main Road TOWN CLERK o P.O.Box 1179 CA Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p .F Fax(631)765-6145 MARRIAGE OFFICERTelephone RECORDS MANAGEMENT OFFICER of .#ate FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov 765-1800 www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ►EM679787849US June 20, 2014 Express Mail RE: Local Law No. 7 of 2014 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 7 of 2014 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, jLj'--�M Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney New York State Department of Environmental Conservation Ok Division of Environmental Permits, Region 1 An SUNY @ Stony Brook 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631)444-0403 • Fax: (631)444-0360 Website: www.dec.ny_gov Joe Martens Commissioner LEAD AGENCY COORDINATION RESPONSE June 26, 2014 D E C E U E Scott A. Russell, Supervisor Town of Southold JUL - 1 2014 Southold Town Hall Annex P.O. Box 1179 SUPERVISOR'S OFFICE Southold, NY 11971-0959 TOWN OF SOUTHOLD Re: LEAD AGENCY COORDINATION REQUEST Action: "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones." Dear Mr. Russell: This letter is in response to your Lead Agency Coordination Request of April 30, 2014 for the above referenced project pursuant to the State Environmental Quality Review Act (SEQRA) of the Environmental Conservation Law and its implementing regulations (6NYCRR Part 617). This Department has no objection to the Town of Southold assuming lead agency status for this action. Please send your SEQRA determination to my attention at the address shown above. Please be advised that because at least some of the referenced properties contain NYSDEC regulated tidal and freshwater wetlands, the future construction of commercial solar energy production systems at some of the proposed sites will likely require Tidal and Freshwater Wetlands Permits from this Department. If you have any questions, please call me at 631-444-0403. Sinc ely, Sherri Aicher Environmental Analyst o�o%dFFo[,�oo ELIZABETH A. NEVILLE,MMC �* r/y Town Hall,53095 Main Road TOWN CLERK p P.O. Box 1179 y 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS O Fax(631)765-6145 MARRIAGE OFFICER Al �aO�' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 9, 2014 Sherri Aicher Environmental Analyst New York State Department of Environmental Conversation Division of Environmental Permits, Region 1 SUNY @ Stony Brook 50 Circle Road Stony Brook, NY 11790-3409 RE: LEAD AGENCY COORDINATION REQUEST Action: "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones." Dear Ms. Aicher: Enclosed please find the SEQRA determination that you requested in your letter dated, June 26, 2014. If you need anything else please do not hesitate to call me (631)765-1800 ext. 228. Sincerely, , Elizabeth A. Neville Southold Town Clerk enc Southold Town Board - Letter Board Meeting of June 3, 2014 40 e.S,�F«t � RESOLUTION 2014-475 Item # 5.3 ADOPTED DOC ID: 9861 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-475 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 3, 2014: WHEREAS, it is the intent of the Town Board of the Town of Southold to allow Commercial Solar Energy Production Systems as a use in the Light Industrial ("LI") and Light Industrial Office ("LIO") Zoning Districts to support the Town's goals and policies and the efforts of LIPA (now PSEG) to reduce reliance on fossil fuels and allow the privatization of generation of renewable energy; and WHEREAS, the Town of Southold has developed goals and objectives to broaden the opportunities for renewable energy uses in the Town as outlined in the recently drafted Natural Resources and Environment Chapter of the Comprehensive Plan; and WHEREAS, the Town of Southold Local Waterfront Revitalization Program (2005) establishes Town policies that support the promotion of solar energy generation; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby establishes itself as lead Agency and classifies the action as a Type I action pursuant to State Environmental Quality Review §617.4 Type I actions (b) (2); and be it further RESOLVED that the Town Board of the Town of Southold coordinated the action pursuant to §617.6 Initial review of actions and no significant comments were received; and be it further RESOLVED that the Town Board of the Town of Southold hereby finds that "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" will not result in significant impacts on the environment and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the Full Environmental Assessment Form; and be it further RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is consistent with the Town of Southold Local Waterfront Revitalization Program (LWRP) pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk Generated June 4, 2014 Page 14 Southold Town Board - Letter Board Meeting of June 3, 2014 RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Jill Doherty SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated June 4, 2014 Page 15 RECEIVED JUN 2 3 2014 Steven Bellone SUFFOLK COUNTY EXECUTIVE Southold Town Clerk Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner Division of Planning and Environment June 17,2014 Town of Southold 53095 Main Road P.O. Box 1179 Southold,NY 11971 Attn: Elizabeth Neville Applicant: Town of Southold Zoning Action: Local Law No. 7 of 2014 Amendments to Chapter 280 Zoning To Permit Commercial Solar energy Production Systems as a Special Exception Use in Light Industrial and Light Industrial Office Zones S.C.P.D. File No.: SD-14-LD Dear Ms.Neville: Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Planning lee drew P.Frel Chief Planner APF:cd LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI 0 P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099■(631)853-5191 G ELIZABETH A.NEVILLE,MMC �� y Town Hall,53095 Main Road TOWN CLERKP.O.Box 1179 co ti 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p • .� Fax(631)765-6145 MARRIAGE OFFICER y� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 5, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Law listed below on June 3, 2014: Local Law No. 7 of 2014: Local Law in Relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones Please sign the duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. ajaA4�7.0'eae-�& Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Village of Greenport Southold Town Building Department Southold Town Planning Board Southold Town Zoning Board of Appeals Date: ature, Receiv / Title: �NK+G Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK Rudder, Lynda From: ersupp <ersupp@generalcode.com> Sent: Wednesday, June 18, 2014 10:56 AM To: Rudder, Lynda Subject: RE: LL#7 2014.docx Thank you for your e-mail. If you are sending legislation for your next Code supplement, it will be processed in the usual manner. All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e-mail your Account Representative. General Code 1-800-836-8834 ersupp(a)generalcode.com i Southold Town Board - Letter Board Meeting of June 3, 2014 RESOLUTION 2014-476 Item # 5.4 ADOPTED DOC ID: 9775 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-476 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 3, 2014: WHEREAS there had been resented to the Town Board of the Town of Southold, Suffolk County,New York, on the 8t day of April, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 6th day of May,2014, at 7:32 p.m. at which time all interested persons were given an opportunity to be heard, now therefore, be it RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" which reads as follows: LOCAL LAW NO. q 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intention of the Town Board of the Town of Southold as part of its goal to limit dependence on imported fossil energy, and decrease greenhouse gas emissions to permit commercial solar energy production systems with special exception approval in the Light Industrial and Light Industrial Office Zones to minimize impacts to residents and scenic viewsheds important to the community. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. Commercial Solar Energy Production System - an arrangement or combination of components installed upon land that utilize solar radiation to produce energy designed to provide electricity for on-site or off-site use pursuant to a power purchase agreement. Generated June 4, 2014 Page 16 Southold Town Board - Letter Board Meeting of June 3, 2014 §280-58. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except subsection (B)(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be and subject to site plan approval by the Planning Board: (10) Commercial Solar Energy Production System, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five [51 acres. (b) All ground-mounted panels shall not exceed the height of 8' (c) All mechanical equipment of commercial solar energysystem, including any structure for batteries or storage cells, are completely enclosed by a minimum eight (8) foot high fence with a self-locking gate. (d) Notwithstanding any requirement in Section 280-59 of this Chapter,the total surface area of all ground-mounted and freestanding solar collectors, includingsolar olar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (e) The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent properties. (f1 All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (g) All on-site utility and transmission lines are,to the extent feasible, placed underground. (h) The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (i) The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties. (j) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (k) Any special exception approval granted under this article shall have a term of twenly years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the PlanningBoard. oard. (1) Decommissioning/Removal: (i) Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of Generated June 4, 2014 Page 17 Southold Town Board - Letter Board Meeting of June 3, 2014 a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with Mproceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. (ii) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal of commercial solar energy production systems in this chapter. §280-62. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Generated June 4, 2014 Page 18 Southold Town Board - Letter Board Meeting of June 3, 2014 subsection (B)(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be and subject to site plan approval by the Planning Board: (10) Commercial Solar Energy Production System, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five (51 acres. (b) All ground-mounted panels shall not exceed the height of 8' (c) All mechanical equipment of commercial solar energy system, including M structure for batteries or storage cells, are completely enclosed by a minimum eight(8) foot high fence with a self-locking gate. (d) Notwithstanding any requirement in Section 280-63 of this Chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (e) The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent properties. (f) All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (g) All on-site utility and transmission lines are, to the extent feasible,placed underground. (h) The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (i) The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties. (j) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (k) Any special exception approval granted under this article shall have a term of twenty years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (1) Decommissioning/Removal: (i) Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 dam Building Inspectors may give the owner notice that unless the Generated June 4, 2014 Page 19 Southold Town Board - Letter Board Meeting of June 3, 2014 removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the propertyupon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action,the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property pon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. (ii) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal of commercial solar energy production systems in this chapter. §280-138. Fee schedule for site plan applications. D. The fee for new site plan applications for commercial solar energy roduction systems pursuant to 280-58(B)10) and §280-62(B)(10) shall be a flat fee of$3,000.00 and the fee for an amendment to a site plan application for commercial solar energy production systems shall be $2,000.00. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law Generated June 4, 2014 Page 20 Southold Town Board - Letter Board Meeting of June 3, 2014 as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated June 4, 2014 Page 21 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City 0 Town of SOUTHOLD ❑ Village Local Law No. 7 of the year 2014 . A Local Law entitled, A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones Be it enacted the Town Board of the: ❑ County ❑ City 0 Town of SOUTHOLD ❑ Village I. Purpose. It is the intention of the Town Board of the Town of Southold as part of its goal to limit dependence on imported fossil energy, and decrease greenhouse gas emissions to permit commercial solar energy production systems with special exception approval in the Light Industrial and Light Industrial Office Zones to minimize impacts to residents and scenic viewsheds important to the community. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. Commercial Solar Energy Production System - an arrangement or combination of components installed upon land that utilize solar radiation to produce energy designed to provide electricity for on-site or off-site use pursuant to a power purchase agreement. §280-58. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except subsection(B)(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board: (10) Commercial Solar Energy Production System, subject to the following criteria: (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) 1 (a) The commercial solar energy system shall not be on a parcel of less than five [5] acres. (b) All ground-mounted panels shall not exceed the height of 8' (c) All mechanical equipment of commercial solar energy system, including any structure for batteries or storage cells, are completely enclosed by a minimum eight(8) foot high fence with a self-locking gate. (d) Notwithstanding any requirement in Section 280-59 of this Chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (e) The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent properties. (f) All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (g) All on-site utility and transmission lines are, to the extent feasible, placed underground. (h) The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (i) The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties. (j) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (k) Any special exception approval granted under this article shall have a term of twenty years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (1) Decommissioning/Removal: (i) Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be 2 collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. (ii) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal of commercial solar energy production systems in this chapter. §280-62. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except subsection (13)(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be and subject to site plan approval by the Planning Board: (10) Commercial Solar Energy Production System, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five [5] acres. (b) All ground-mounted panels shall not exceed the height of 8' (c) All mechanical equipment of commercial solar energy system, including any structure for batteries or storage cells, are completely enclosed by a minimum eight (8) foot high fence with a self-locking gate. (d) Notwithstanding any requirement in Section 280-63 of this Chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (e) The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent properties. (f) All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (g) All on-site utility and transmission lines are, to the extent feasible, placed underground. (h) The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (i) The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties. (j) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (k) Any special exception approval granted under this article shall have a term of twenty years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (1) Decommissioning/Removal: (i) Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 3 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. (ii) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal of commercial solar energy production systems in this chapter. §280-138. Fee schedule for site plan applications. D. The fee for new site plan applications for commercial solar energy production systems pursuant to §280- 58(B)(10) and §280-62(B)(10) shall be a flat fee of$3,000.00 and the fee for an amendment to a site plan application for commercial solar energy production systems shall be $2,000.00. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 4 s � (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto,designated as local law No. 7 of 20 14 . of the Town) )of SOUTHOLD was duly passed by the TOWN BOARD on June 17 ,20 14 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village)of was duly passed by the on 20 , and was(approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was(approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the(general)(special)(annual)election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or, If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5 r 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general)election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Clerk oW County legislative body. City. Town or (Seal) Village CTerk or officer designated by local legislative body Elizabeth A.Neville,Town Clerk Date: June 18,2014 (Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law contai co text and that all proper proceedings have been had or taken for the enactment of the local law anne er Signatu e Martin eigan,Town Attorney Title Gity Town of SOUTHOLD Date: June 18,2014 6 MARTIN D.FINNEGAN SCOTT A.RUSSELL TOWN ATTORNEY Supervisor martin.finnegan@town.southold.ny.us ��F sorry STEPHEN F.KIELY ,`O� Ol0 Town Hall Annex, 54375 Route 25 ASSISTANT TOWN ATTORNEY P.O. Box 1179 stephen.kiely@town.southold.ny.us Southold, New York 11971-0959 LORI M. HULSE �Q Telephone (631) 765-1939 ASSISTANT TOWN ATTORNEYI�YCOU Facsimile (631) 765-6639 lori.hulse@town.southold.ny.us ' OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Lynne Krauza Secretary to the Town Attorney Date: June 10, 2014 Subject: LL/LI & LIO Solar- SEQRA For your records, I am enclosing the original, fully executed Full Environmental Assessment Form in connection with the referenced matter. We have retained a copy of this document in our file. Also enclosed is a copy of the resolution authorizing Scott to sign same. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosures Full Environmental Assessment Form Part I -Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information;indicate whether missing information does not exist, or is not reasonably available to the sponsor;and,when possible,generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A&B. In Sections C,D&E,most items contain an initial question that must be answered either"Yes"or"No". If the answer to the initial question is"Yes",complete the sub-questions that follow. If the answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the project sponsor to verify that the information contained in Part 1 is accurate and complete. A.Project and Sponsor Information. Name of Action or Project: A Local Law in relation to Amendments to Chapter 280,Zoning,to Permit Commercial Solar Energy Production Systems Project Location(describe,and attach a general location map): Town of Southold Brief Description of Proposed Action(include purpose or need): The purpose of the "A Local Law in relation to Amendments to Chapter 280,Zoning,to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones"is to expand renewable energy uses in the Town of Southold. The Town has formulated goals to broaden the opportunities for renewable energy in Town.The goals and objectives follow: 7.2.Expand renewable energy opportunities that provide direct benefit to citizens,while ensuring quality of life. 7.2.1. Amend the Town Code to allow commercial renewable solar energy power generation projects. 7.2.2. Capitalize on Long Island Power Authority's Clean Solar Initiative Feed-In Tariff(FIT),New York State's Solar Tax Credit and Federal Tax Incentive Currently,both the LI and LIO zoning districts allow public utility structures and uses by Special Exception review by the Zoning Board of Appeals but do not allow private,commercial,generation of energy. Name of Applicant/Sponsor: Telephone:631-765-1939 Town of Southold Town Board E-Mail: Address:54375 State Route 25 City/PO:Box 1179 State:New York Zip Code:11971 Project Contact(if not same as sponsor;give name and title/role): Telephone: Same E-Mail: Address: City/PO: State: Zip Code: Property Owner (if not same as sponsor): Telephone: NA E-Mail: Address: City/PO: State: Zip Code: Page 1 of 13 B.Government Approvals B.Government Approvals,Funding,or Sponsorship. ("Funding"includes grants,loans,tax relief,and any other forms of financial assistance.) Government Entity If Yes:Identify Agency and Approval(s) Application Date Required (Actual or projected) a.City Council,Town Board, ®Yes❑No Town Board TBD or Village Board of Trustees b.City,Town or Village ❑Yes®No Planning Board or Commission c.City Council,Town or ❑Yes®No Village Zoning Board of Appeals d.Other local agencies ❑Yes®No e.County agencies ❑Yes®No f.Regional agencies ❑Yes®No g.State agencies ®Yes❑No New York Department of State TBD h.Federal agencies ❑Yes®No i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? ❑Yes 0Io U. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ®YesE3No iii. Is the project site within a Coastal Erosion Hazard Area? ❑Yes®No C.Planning and Zoning C.1.Planning and zoning actions. Will administrative or legislative adoption,or amendment of a plan,local law,ordinance,rule or regulation be the ®Yes❑No only approval(s)which must be granted to enable the proposed action to proceed? • If Yes,complete sections C,F and G. • If No,proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2.Adopted land use plans. a.Do any municipally-adopted (city,town,village or county)comprehensive land use plan(s)include the site ®Yes❑No where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action ❑Yes®No would be located? b.is the site of the proposed action within any local or regional special planning district(for example: Greenway ❑Yes®No Brownfield Opportunity Area(BOA);designated State or Federal heritage area;watershed management plan; or other?) If Yes,identify the plan(s): c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ®Yes❑No or an adopted municipal farmland protection plan? If Yes,identify the plan(s): The proposed action includes parcels included within the Community Preservation Plan(CPP) The CPP identifies how the Town intends to preserve or protect farmland and open space properties that are integral to the unique community character of Southold. Page 2 of 13 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ®Yes❑No If Yes,what is the zoning classification(s)including any applicable overlay district? The action proposes to add a Commercial Solar Energy Production Systems use in the Light Industrial(LI)and Light Industrial Office/Park(LIO)zoning districts. b. Is the use permitted or allowed by a special or conditional use permit? ®Yes❑No c.Is a zoning change requested as part of the proposed action? ®Yes❑No If Yes, L What is the proposed new zoning for the site?Proposed action adds Commercial Solar Energy Production Systems use to the LI and LIO zone CA.Existing community services. a.In what school district is the project site located? NA b.What police or other public protection forces serve the project site? Town of Southold and New York State Police Departments c.Which fire protection and emergency medical services serve the project site? East Marion Fire District Greenport Fire District Southold Fire District Cutchogue Fire District Mattituck Fire District d.What parks serve the project site? NA D.Project Details D.I.Proposed and Potential Development a.What is the general nature of the proposed action(e.g.,residential,industrial,commercial,recreational;if mixed,include all components)? The current uses in the LI and LIO zone districts include agriculture,commercial,industrial and residential uses. b.a.Total acreage of the site of the proposed action? 220.55 acres b.Total acreage to be physically disturbed? NA acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 78.22 acres c.Is the proposed action an expansion of an existing project or use? ❑YesONo i. If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g.,acres,miles,housing units, square feet)? % Units: d.Is the proposed action a subdivision,or does it include a subdivision? ❑Yes ONo If Yes, i. Purpose or type of subdivision?(e.g.,residential,industrial,commercial;if mixed,specify types) ii. Is a cluster/conservation layout proposed? ❑Yes®No hi. Number of lots proposed? iv. Minimum and maximum proposed lot sizes? Minimum Maximum e.Will proposed action be constructed in multiple phases? ❑Yes®No L If No,anticipated period of construction: months H. If Yes: • Total number of phases anticipated • Anticipated commencement date of phase 1 (including demolition) month year • Anticipated completion date of final phase month year • Generally describe connections or relationships among phases,including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 f.Does the project include new residential uses? ❑YesONo If Yes,show numbers of units proposed. One Family Two Family Three Family Multiple Family(four or more Initial Phase At completion of all phases g.Does the proposed action include new non-residential construction(including expansions)? ❑Yes®No If Yes, i.Total number of structures ii. Dimensions(in feet)of largest proposed structure: height; width; and length iii. Approximate extent of building space to be heated or cooled: square feet h.Does the proposed action include construction or other activities that will result in the impoundment of any ❑Yes®No liquids,such as creation of a water supply,reservoir,pond,lake,waste lagoon or other storage? If Yes, L Purpose of the impoundment: ii. If a water impoundment,the principal source of the water: El Ground water❑Surface water streams❑Other specify: iii. If other than water,identify the type of impounded/contained liquids and their source. iv. Approximate size of the proposed impoundment. Volume: million gallons;surface area: acres v. Dimensions of the proposed dam or impounding structure: height; length vi. Construction method/materials for the proposed dam or impounding structure(e.g.,earth fill,rock,wood,concrete): D.2. Project Operations a.Does the proposed action include any excavation,mining,or dredging,during construction,operations,or both? LJYesoNo (Not including general site preparation,grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i.What is the purpose of the excavation or dredging? ii. How much material(including rock,earth,sediments,etc.)is proposed to be removed from the site? • Volume(specify tons or cubic yards): • Over what duration of time? iii. Describe nature and characteristics of materials to be excavated or dredged,and plans to use,manage or dispose of them. iv. Will there be onsite dewatering or processing of excavated materials? Yes No If yes,describe. v. What is the total area to be dredged or excavated? acres vi. What is the maximum area to be worked at any one time? acres vii. What would be the maximum depth of excavation or dredging? feet viii. Will the excavation require blasting? ❑Yes®No ix. Summarize site reclamation goals and plan: b.Would the proposed action cause or result in alteration of,increase or decrease in size of,or encroachment LJYesoNo into any existing wetland,waterbody,shoreline,beach or adjacent area? If Yes: L Identify the wetland or waterbody which would be affected(by name,water index number,wetland map number or geographic description): Page 4 of 13 ii. Describe how the proposed action would affect that waterbody or wetland,e.g.excavation,fill,placement of structures,or alteration of channels,banks and shorelines. Indicate extent of activities,alterations and additions in square feet or acres: M. Will proposed action cause or result in disturbance to bottom sediments? ❑Yes®No If Yes,describe: iv. Will proposed action cause or result in the destruction or removal of aquatic vegetation? ❑Yes[Z]No If Yes: • acres of aquatic vegetation proposed to be removed: • expected acreage of aquatic vegetation remaining after project completion: • purpose of proposed removal(e.g.beach clearing,invasive species control,boat access): • proposed method of plant removal: • if chemical/herbicide treatment will be used,specify product(s): v. Describe any proposed reclamation/mitigation following disturbance: c.Will the proposed action use,or create a new demand for water? ❑Yesolo If Yes: i. Total anticipated water usage/demand per day: gallons/day H. Will the proposed action obtain water from an existing public water supply? ❑Yes❑No If Yes: • Name of district or service area: • Does the existing public water supply have capacity to serve the proposal? ❑Yes[--]No • Is the project site in the existing district? ❑Yes❑No • Is expansion of the district needed? ❑Yes❑No • Do existing lines serve the project site? ❑Yes❑No iii. Will line extension within an existing district be necessary to supply the project? ❑Yes❑No If Yes: • Describe extensions or capacity expansions proposed to serve this project: • Source(s)of supply for the district: iv. Is a new water supply district or service area proposed to be formed to serve the project site? ❑Yes❑No If,Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • Proposed source(s)of supply for new district: v. If a public water supply will not be used,describe plans to provide water supply for the project: vi.If water supply will be from wells(public or private),maximum pumping capacity: gallons/minute. d.Will the proposed action generate liquid wastes? ❑Yes®No If Yes: L Total anticipated liquid waste generation per day: gallons/day ii. Nature of liquid wastes to be generated(e.g.,sanitary wastewater,industrial;if combination,describe all components and approximate volumes or proportions of each): iii. Will the proposed action use any existing public wastewater treatment facilities? ❑Yes❑No If Yes: • Name of wastewater treatment plant to be used: • Name of district: • Does the existing wastewater treatment plant have capacity to serve the project? ❑Yes❑No • Is the project site in the existing district? ❑Yes❑No • Is expansion of the district needed? ❑Yes❑No Page 5 of 13 • Do existing sewer lines serve the project site? ❑Yes❑No • Will line extension within an existing district be necessary to serve the project? ❑Yes❑No If Yes: • Describe extensions or capacity expansions proposed to serve this project: iv. Will a new wastewater(sewage)treatment district be formed to serve the project site? ❑YesmNo If Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • What is the receiving water for the wastewater discharge? v. If public facilities will not be used,describe plans to provide wastewater treatment for the project,including specifying proposed receiving water(name and classification if surface discharge,or describe subsurface disposal plans): vi. Describe any plans or designs to capture,recycle or reuse liquid waste: e.Will the proposed action disturb more than one acre and create stormwater runoff,either from new point ❑Yes®No sources(i.e.ditches,pipes,swales,curbs,gutters or other concentrated flows of stormwater)or non-point source(i.e.sheet flow)during construction or post construction? If Yes: i. How much impervious surface will the project create in relation to total size of project parcel? Square feet or acres(impervious surface) Square feet or acres(parcel size) ii. Describe types of new point sources. iii. Where will the stormwater runoff be directed(i.e.on-site stormwater management facility/structures,adjacent properties, groundwater,on-site surface water or off-site surface waters)? • If to surface waters,identify receiving water bodies or wetlands: • Will stormwater runoff flow to adjacent properties? ❑Yes❑No iv. Does proposed plan minimize impervious surfaces,use pervious materials or collect and re-use stormwater? ❑Yes❑No f. Does the proposed action include,or will it use on-site,one or more sources of air emissions,including fuel ❑Yes0No combustion,waste incineration,or other processes or operations? If Yes,identify: i.Mobile sources during project operations(e.g.,heavy equipment,fleet or delivery vehicles) U. Stationary sources during construction(e.g.,power generation,structural heating,batch plant,crushers) iii. Stationary sources during operations(e.g.,process emissions,large boilers,electric generation) g.Will any air emission sources named in D.2.f(above),require a NY State Air Registration,Air Facility Permit, ❑Yes®No or Federal Clean Air Act Title IV or Title V Permit? If Yes: L Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet ❑Yes®No ambient air quality standards for all or some parts of the year) U. In addition to emissions as calculated in the application,the project will generate: • Tons/year(short tons)of Carbon Dioxide(CO2) • Tons/year(short tons)of Nitrous Oxide(N20) • Tons/year(short tons)of Perfluorocarbons(PFCs) • Tons/year(short tons)of Sulfur Hexafluoride(SF6) • Tons/year(short tons)of Carbon Dioxide equivalent of Hydroflourocarbons(HFCs) • Tons/year(short tons)of Hazardous Air Pollutants(HAPS) Page 6 of 13 h. ill the proposed action generate or emit methane(including,but not limited to,sewage treatment plants, 0Yes0No landfills,composting facilities)? If Yes: L Estimate methane generation in tons/year(metric): ii.Describe any methane capture,control or elimination measures included in project design(e.g.,combustion to generate heat or electricity,flaring): i.Will the proposed action result in the release of air pollutants from open-air operations or processes,such as ❑Yes®No quarry or landfill operations? If Yes:Describe operations and nature of emissions(e.g.,diesel exhaust,rock particulates/dust): j.Will the proposed action result in a substantial increase in traffic above present levels or generate substantial ❑Yes®No new demand for transportation facilities or services? If Yes: L When is the peak traffic expected(Check all that apply): ❑Morning ❑Evening ❑Weekend ❑Randomly between hours of to ii. For commercial activities only,projected number of semi-trailer truck trips/day: iii. Parking spaces: Existing Proposed Net increase/decrease iv. Does the proposed action include any shared use parking? ❑Yes❑No v. If the proposed action includes any modification of existing roads,creation of new roads or change in existing access,describe: vi. Are public/private transportation service(s)or facilities available within 1/2 mile of the proposed site? ❑Yes❑No vii Will the proposed action include access to public transportation or accommodations for use of hybrid,electric ❑Yes❑No or other alternative fueled vehicles? viii.Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing ❑Yes❑No pedestrian or bicycle routes? k.Will the proposed action(for commercial or industrial projects only)generate new or additional demand ❑Yes®No for energy? If Yes: L Estimate annual electricity demand during operation of the proposed action: U. Anticipated sources/suppliers of electricity for the project(e.g.,on-site combustion,on-site renewable,via grid/local utility,or other): iii. Will the proposed action require a new,or an upgrade to,an existing substation? ❑Yes®No 1.Hours of operation. Answer all items which apply. i. During Construction: ii. During Operations: • Monday-Friday: • Monday-Friday: • Saturday: • Saturday: • Sunday: • Sunday: • Holidays: • Holidays: Page 7 of 13 m.Will the proposed action produce noise that will exceed existing ambient noise levels during construction, ❑YesONo operation,or both? If yes: i. Provide details including sources,time of day and duration: H. Will proposed action remove existing natural barriers that could act as a noise barrier or screen? ❑Yes ONo Describe: n.. Will the proposed action have outdoor lighting? ❑YesmNo If yes: i. Describe source(s),location(s),height of fixture(s),direction/aim,and proximity to nearest occupied structures: ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? ❑Yes ONo Describe: o. Does the proposed action have the potential to produce odors for more than one hour per day? ❑Yes ONo If Yes,describe possible sources,potential frequency and duration of odor emissions,and proximity to nearest occupied structures: p.Will the proposed action include any bulk storage of petroleum(combined capacity of over 1,100 gallons) ❑Yes ONo or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i. Product(s)to be stored ii. Volume(s) per unit time (e.g.,month,year) iii. Generally describe proposed storage facilities: q.Will the proposed action(commercial,industrial and recreational projects only)use pesticides(i.e.,herbicides, ❑Yes ONo insecticides)during construction or operation? If Yes: i. Describe proposed treatment(s): H. Will the proposed action use Integrated Pest Management Practices? ❑ Yes ❑No r.Will the proposed action(commercial or industrial projects only)involve or require the management or disposal ❑ Yes ONo of solid waste(excluding hazardous materials)? If Yes: i. Describe any solid waste(s)to be generated during construction or operation of the facility: • Construction: tons per (unit of time) • Operation: tons per (unit of time) H. Describe any proposals for on-site minimization,recycling or reuse of materials to avoid disposal as solid waste: • Construction: • Operation: M. Proposed disposal methods/facilities for solid waste generated on-site: • Construction: • Operation: Page 8 of 13 s.Does the proposed action include construction or modification of a solid waste management facility? ❑ Yes® No If Yes: i. Type of management or handling of waste proposed for the site(e.g.,recycling or transfer station,composting,landfill,or other disposal activities): H. Anticipated rate of disposal/processing: • Tons/month,if transfer or other non-combustion/thermal treatment,or • Tons/hour,if combustion or thermal treatment iii. If landfill,anticipated site life: years t.Will proposed action at the site involve the commercial generation,treatment,storage,or disposal of hazardous ❑Yes®No waste? If Yes: i.Name(s)of all hazardous wastes or constituents to be generated,handled or managed at facility: H. Generally describe processes or activities involving hazardous wastes or constituents: iii.Specify amount to be handled or generated tons/month iv. Describe any proposals for on-site minimization,recycling or reuse of hazardous constituents: v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? UYesLjNo If Yes:provide name and location of facility: If No:describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: E.Site and Setting of Proposed Action E.1.Land uses on and surrounding the project site a.Existing land uses. i. Check all uses that occur on,adjoining and near the project site. ® Urban ® Industrial ® Commercial 0 Residential(suburban) ® Rural(non-farm) ❑ Forest ® Agriculture ❑ Aquatic ® Other(specify):Town Landfill H. If mix of uses,generally describe: b.Land uses and covertypes on the project site. Land use or Current Acreage After Change Covertype Acreage Project Completion (Acres+/-) • Roads,buildings,and other paved or impervious surfaces NA NA NA • Forested 0 0 0 • Meadows,grasslands or brushlands(non- agricultural,including abandoned agricultural) 5.88 5.88 0 • Agricultural 86.2 86.2 0 (includes active orchards,field,greenhouse etc.) • Surface water features (lakes,ponds,streams,rivers,etc.) NA NA NA • Wetlands(freshwater or tidal) NA NA NA • Non-vegetated(bare rock,earth or fill) NA NA NA • Other Describe:Town Landfill 78.22 78.22 0 Page 9 of 13 c. Is the project site presently used by members of the community for public recreation? ❑Yes❑No i. If Yes:explain: d.Are there any facilities serving children,the elderly,people with disabilities(e.g.,schools,hospitals,licensed ❑Yes®No day care centers,or group homes)within 1500 feet of the project site? If Yes, L Identify Facilities: e.Does the project site contain an existing dam? ❑Yes®No If Yes: L Dimensions of the dam and impoundment: • Dam height: feet • Dam length: feet • Surface area: acres • Volume impounded: gallons OR acre-feet ii. Dam's existing hazard classification: W. Provide date and summarize results of last inspection: f.Has the project site ever been used as a municipal,commercial or industrial solid waste management facility, ❑Yes®No or does the project site adjoin property which is now,or was at one time,used as a solid waste management facility? If Yes: L Has the facility been formally closed? ❑Yes❑ No • If yes,cite sources/documentation: U. Describe the location of the project site relative to the boundaries of the solid waste management facility: M. Describe any development constraints due to the prior solid waste activities: g.Have hazardous wastes been generated,treated and/or disposed of at the site,or does the project site adjoin ❑Yes®No property which is now or was at one time used to commercially treat,store and/or dispose of hazardous waste? If Yes: i. Describe waste(s)handled and waste management activities,including approximate time when activities occurred: h. Potential contamination history. Has there been a reported spill at the proposed project site,or have any ❑Yes®No remedial actions been conducted at or adjacent to the proposed site? If Yes: L Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ❑Yes❑No Remediation database? Check all that apply: ❑ Yes—Spills Incidents database Provide DEC ID number(s): ❑ Yes—Environmental Site Remediation database Provide DEC ID number(s): ❑ Neither database ii. If site has been subject of RCRA corrective activities,describe control measures: M. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? ❑Yes®No If yes,provide DEC ID number(s): iv. If yes to(i),(ii)or(iii)above,describe current status of site(s): Page 10 of 13 v. Is the project site subject to an institutional control limiting property uses? ❑Yes®No • If yes,DEC site ID number: • Describe the type of institutional control(e.g.,deed restriction or easement): • Describe any use limitations: • Describe any engineering controls: • Will the project affect the institutional or engineering controls in place? ❑Yes❑No • Explain: E.2. Natural Resources On or Near Project Site a.What is the average depth to bedrock on the project site? NA feet b.Are there bedrock outcroppings on the project site? ❑Yes®No If Yes,what proportion of the site is comprised of bedrock outcroppings? % c.Predominant soil type(s)present on project site: NA % NA % NA % d.What is the average depth to the water table on the project site? Average: NA feet e.Drainage status of project site soils:❑ Well Drained: NA%of site ❑ Moderately Well Drained: NA%of site ❑ Poorly Drained NA%of site f.Approximate proportion of proposed action site with slopes: ❑ 0-10%: NA %of site ❑ 10-15%: NA %of site ❑ 15%or greater: NA %of site g.Are there any unique geologic features on the project site? Yes®No If Yes,describe: h.Surface water features. i. Does any portion of the project site contain wetlands or other waterbodies(including streams,rivers, ❑Yes®No ponds or lakes)? H. Do any wetlands or other waterbodies adjoin the project site? ❑Yes®No If Yes to either i or ii,continue. If No,skip to E.2.i. iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, ❑YesZ,4o state or local agency? iv. For each identified regulated wetland and waterbody on the project site,provide the following information: • Streams: Name Classification • Lakes or Ponds: Name Classification • Wetlands: Name Approximate Size • Wetland No.(if regulated by DEC) v. Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired ❑Yes 0,4o waterbodies? If yes,name of impaired water body/bodies and basis for listing as impaired: i.Is the project site in a designated Floodway? ❑Yes®No j.Is the project site in the 100 year Floodplain? ❑Yeso,Io k.Is the project site in the 500 year Floodplain? ❑Yes®No I. Is the project site located over,or immediately adjoining,a primary,principal or sole source aquifer? ❑Yes®No If Yes: i.Name of aquifer: Page 11 of 13 m. Identify the predominant wildlife species that occupy or use the project site: n.Does the project site contain a designated significant natural community? ❑Yes❑No If Yes: i. Describe the habitat/community(composition,function,and basis for designation): H. Source(s)of description or evaluation: W. Extent of community/habitat: • Currently: acres • Following completion of project as proposed: acres • Gain or loss(indicate+or-): acres o.Does project site contain any species of plant or animal that is listed by the federal government or NYS as ❑Yes[Z]No endangered or threatened,or does it contain any areas identified as habitat for an endangered or threatened species? p. Does the project site contain any species of plant or animal that is listed by NYS as rare,or as a species of Yes®No special concern? q.Is the project site or adjoining area currently used for hunting,trapping,fishing or shell fishing? ❑Yes®No If yes,give a brief description of how the proposed action may affect that use: E.3. Designated Public Resources On or Near Project Site a.Is the project site,or any portion of it,located in a designated agricultural district certified pursuant to ❑YesoNo Agriculture and Markets Law,Article 25-AA,Section 303 and 304? If Yes, provide county plus district name/number: b.Are agricultural lands consisting of highly productive soils present? ❑Yes®No i. If Yes:acreage(s)on project site? H. Source(s)of soil rating(s): c. Does the project site contain all or part of,or is it substantially contiguous to,a registered National ❑YesONo Natural Landmark? If Yes: i. Nature of the natural landmark: ❑Biological Community ❑ Geological Feature H. Provide brief description of landmark,including values behind designation and approximate size/extent: d.Is the project site located in or does it adjoin a state listed Critical Environmental Area? ❑Yes®No If Yes: i. CEA name: H. Basis for designation: W. Designating agency and date: Page 12 of 13 e.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district ❑Yes®No which is listed on,or has been nominated by the NYS Board of Historic Preservation for inclusion on,the State or National Register of Historic Places? If Yes: i.Nature of historic/archaeological resource: []Archaeological Site ❑Historic Building or District ii.Name: iii. Brief description of attributes on which listing is based: f.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for 0Yes0No archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? g.Have additional archaeological or historic site(s)or resources been identified on the project site? ❑Yes®No If Yes: i.Describe possible resource(s): ii. Basis for identification: h.Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local ❑Yes®No scenic or aesthetic resource? If Yes: i. Identify resource:New York State Scenic Byway State Route 25 and Suffolk County Route 48. fl.Nature of,or basis for,designation(e.g.,established highway overlook,state or local park,state historic trail or scenic byway, etc.):Scenic byway -- iii. Distance between project and resource: <1 miles. L Is the project site located within a designated river corridor under the Wild,Scenic and Recreational Rivers ❑Yes®No Program 6 NYCRR 666? If Yes: i. Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑Yes®No F.Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal,please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name S tt ussell Date 4/30/14 Signature Q Title Supervisor PRINT FORM Page 13 of 13 Agency Use Only[If applicablel Full Environmental Assessment Form Project: Part 2-Identification of Potential Project Impacts Date: Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency's reviewer(s)will not necessarily be environmental professionals. So,the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2,the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed,the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area,complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application,maps,supporting materials and the Full EAF Workbook. • Answer each of the 18 questions in Part 2. • If you answer"Yes"to a numbered question,please complete all the questions that follow in that section. • If you answer"No"to a numbered question,move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box"Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact,it may help to review the sub-questions for the general question and consult the workbook. • When answering a question consider all components of the proposed activity,that is,the"whole action". • Consider the possibility for long-term and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land Proposed action may involve construction on,or physical alteration of, [:]NO OYES the land surface of the proposed site. (See Part 1. D.1) 1 "Yes", answer questions a J. 1 "No", move on to Section 2. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may involve construction on land where depth to water table is E2d ® ❑ less than 3 feet. b.The proposed action may involve construction on slopes of 15%or greater. E2f ® ❑ c.The proposed action may involve construction on land where bedrock is exposed,or E2a ® ❑ generally within 5 feet of existing ground surface. d.The proposed action may involve the excavation and removal of more than 1,000 tons 132a ® ❑ of natural material. e.The proposed action may involve construction that continues for more than one year Dle ® ❑ or in multiple phases. f.The proposed action may result in increased erosion,whether from physical 132e,D2q ® ❑ disturbance or vegetation removal(including from treatment by herbicides). g.The proposed action is,or may be,located within a Coastal Erosion hazard area. B 1 i ® ❑ h.Other impacts: ❑ ❑ Page 1 of 10 2. Impact on Geological Features The proposed action may result in the modification or destruction of,or inhibit access to,any unique or unusual land forms on the site(e.g.,cliffs,dunes, ®NO ❑YES minerals, fossils,caves). (See Part 1.E.2.g) I "Yes", answer questions a-c. I "No", move on to Section 3. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Identify the specific land form(s)attached: Egg ❑ ❑ b.The proposed action may affect or is adjacent to a geological feature listed as a E3c ❑ ❑ registered National Natural Landmark. Specific feature: c. Other impacts: ❑ ❑ 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water ®NO ❑YES bodies(e.g.,streams,rivers,ponds or lakes). (See Part 1.D.2,E.2.h) I "Yes", answer questions a-1. I "No", move on to Section 4. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may create a new water body. 132b,Dlh ❑ ❑ b.The proposed action may result in an increase or decrease of over 10%or more than a D2b ❑ ❑ 10 acre increase or decrease in the surface area of any body of water. c.The proposed action may involve dredging more than 100 cubic yards of material 132a ❑ ❑ from a wetland or water body. d.The proposed action may involve construction within or adjoining a freshwater or E2h ❑ ❑ tidal wetland,or in the bed or banks of any other water body. e.The proposed action may create turbidity in a waterbody,either from upland erosion, 132a,132h ❑ ❑ runoff or by disturbing bottom sediments. f.The proposed action may include construction of one or more intake(s)for withdrawal 132c ❑ ❑ of water from surface water. g.The proposed action may include construction of one or more outfall(s)for discharge D2d ❑ ❑ of wastewater to surface water(s). h.The proposed action may cause soil erosion,or otherwise create a source of D2e ❑ ❑ stormwater discharge that may lead to siltation or other degradation of receiving water bodies. i.The proposed action may affect the water quality of any water bodies within or E2h ❑ ❑ downstream of the site of the proposed action. j.The proposed action may involve the application of pesticides or herbicides in or D2q,E2h ❑ ❑ around any water body. [k-The proposed action may require the construction of new,or expansion of existing, Dl a,132d ❑ ❑ wastewater treatment facilities. Page 2 of 10 1.Other impacts: ❑ ❑ 4. Impact on groundwater The proposed action may result in new or additional use of ground water,or ®NO ❑YES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1.D.2.a, D.2.c, D.2.d, D.2.p,D.2.q,D.2.t) If"Yes", answer questions a-h. If"No", move on to Section S. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may require new water supply wells,or create additional demand 132c ❑ ❑ on supplies from existing water supply wells. b.Water supply demand from the proposed action may exceed safe and sustainable 132c ❑ ❑ withdrawal capacity rate of the local supply or aquifer. Cite Source: c.The proposed action may allow or result in residential uses in areas without water and Dla,132c ❑ ❑ sewer services. d.The proposed action may include or require wastewater discharged to groundwater. 132d,E21 ❑ ❑ e.The proposed action may result in the construction of water supply wells in locations 132c,Elf, ❑ ❑ where groundwater is,or is suspected to be,contaminated. Elg,Elh f.The proposed action may require the bulk storage of petroleum or chemical products 132p,E21 ❑ ❑ over ground water or an aquifer. g.The proposed action may involve the commercial application of pesticides within 100 E2h,D2q, ❑ ❑ feet of potable drinking water or irrigation sources. E21,132c h. Other impacts: ❑ ❑ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. ❑NO m YES (See Part 1. E.2) I "Yes", answer questions a-g, I "No", move on to Section 6. Relevant No,or Moderate Part 1 small to large Question(s) impact impact may may occur occur a.The proposed action may result in development in a designated floodway. E2i ® ❑ b.The proposed action may result in development within a 100 year floodplain. E2j ® ❑ c.The proposed action may result in development within a 500 year floodplain. E2k ® ❑ d.The proposed action may result in,or require,modification of existing drainage 132b,D2e ® ❑ patterns. e.The proposed action may change flood water flows that contribute to flooding. 132b,E2i, ® ❑ E2',E2k f. If there is a dam located on the site of the proposed action,is the dam in need of repair, E l e ® ❑ or upgrade? Page 3 of 10 g.Other impacts: ❑ ❑ 6. Impacts on Air The proposed action may include a state regulated air emission source. R]NO ❑YES (See Part 1. D.2.f.,D,2,h,D.2.g) If"Yes", answer questions a-f If"No", move on to Section 7. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.If the proposed action requires federal or state air emission permits,the action may also emit one or more greenhouse gases at or above the following levels: i. More than 1000 tons/year of carbon dioxide(CO2) D2g ❑ ❑ ii. More than 3.5 tons/year of nitrous oxide(N2O) D2g ❑ ❑ iii.More than 1000 tons/year of carbon equivalent of perfluorocarbons(PFCs) D2g ❑ ❑ iv.More than.045 tons/year of sulfur hexafluoride(SF6) D2g ❑ ❑ v. More than 1000 tons/year of carbon dioxide equivalent of D2g hydrochloroflourocarbons(HFCs)emissions vi.43 tons/year or more of methane D2h ❑ ❑ b.The proposed action may generate 10 tons/year or more of any one designated D2g ❑ ❑ hazardous air pollutant,or 25 tons/year or more of any combination of such hazardous air pollutants. c.The proposed action may require a state air registration,or may produce an emissions 132f,D2g ❑ ❑ rate of total contaminants that may exceed 5 lbs.per hour,or may include a heat source capable of producing more than 10 million BTU's per hour. d.The proposed action may reach 50%of any of the thresholds in"a"through"c", D2g ❑ ❑ above. e.The proposed action may result in the combustion or thermal treatment of more than 1 D2s ❑ ❑ ton of refuse per hour. f.Other impacts: ❑ ❑ 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1.E.2.m.-q.) NO ®YES I "Yes", answer questions a-j. I "No", move on to Section 8. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may cause reduction in population or loss of individuals of any E2o m ❑ threatened or endangered species,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. b.The proposed action may result in a reduction or degradation of any habitat used by E2o 0 ❑ any rare,threatened or endangered species,as listed by New York State or the federal government. c.The proposed action may cause reduction in population,or loss of individuals,of any E2p 0 ❑ species of special concern or conservation need,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. d.The proposed action may result in a reduction or degradation of any habitat used by E2p m ❑ any species of special concern and conservation need,as listed by New York State or the Federal government. Page 4 of 10 e.The proposed action may diminish the capacity of a registered National Natural E3c 0 ❑ Landmark to support the biological community it was established to protect. f.The proposed action may result in the removal of,or ground disturbance in,any E2n 0 ❑ portion of a designated significant natural community. Source: g.The proposed action may substantially interfere with nesting/breeding,foraging,or Elm m ❑ over-wintering habitat for the predominant species that occupy or use the project site. h.The proposed action requires the conversion of more than 10 acres of forest, Elb 0 ❑ grassland or any other regionally or locally important habitat. Habitat type&information source: i.Proposed action(commercial,industrial or recreational projects,only)involves use of D2q m ❑ herbicides or pesticides. j.Other impacts: ❑ ❑ 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1.E.3.a.and b.) [—]NO OYES I "Yes", answer questions a-h. I "No", move on to Section 9. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may impact soil classified within soil group 1 through 4 of the E2c,E3b 0 ❑ NYS Land Classification System. b.The proposed action may sever,cross or otherwise limit access to agricultural land Ela,Elb 0 ❑ (includes cropland,hayfields,pasture,vineyard,orchard,etc). c.The proposed action may result in the excavation or compaction of the soil profile of E3b 0 ❑ active agricultural land. d.The proposed action may irreversibly convert agricultural land to non-agricultural Elb,E3a 0 ❑ uses,either more than 2.5 acres if located in an Agricultural District,or more than 10 acres if not within an Agricultural District. e.The proposed action may disrupt or prevent installation of an agricultural land El a,Elb 0 ❑ management system. f.The proposed action may result,directly or indirectly,in increased development C2c,C3, 0 ❑ potential or pressure on farmland. 132c,D2d g.The proposed project is not consistent with the adopted municipal Farmland C2c 0 ❑ Protection Plan. h.Other impacts: ❑ ❑ Page 5 of 10 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from,or are in [—]NO W]YES sharp contrast to,current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.La,E.l.b,E.3.h.) I "Yes", answer questions a-g. I "No", go to Section 10. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Proposed action may be visible from any officially designated federal,state,or local E3h ® ❑ scenic or aesthetic resource. b.The proposed action may result in the obstruction,elimination or significant E3h,C2b ® ❑ screening of one or more officially designated scenic views. c.The proposed action may be visible from publicly accessible vantage points: E3h L Seasonally(e.g.,screened by summer foliage,but visible during other seasons) ® ❑ ii.Year round 0 ❑ d.The situation or activity in which viewers are engaged while viewing the proposed E3h action is: E2q, L Routine travel by residents,including travel to and from work 0 ❑ ii.Recreational or tourism based activities Elc ❑ ❑ e.The proposed action may cause a diminishment of the public enjoyment and E3h ® ❑ appreciation of the designated aesthetic resource. f. There are similar projects visible within the following distance of the proposed Dla,Ela, ® ❑ project: Dlf,Dlg 0-1/2 mile '/2-3 mile 3-5 mile 5+ mile g.Other impacts: ❑ ❑ 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological ©NO YES resource. (Part 1. E.3.e, f.and g.) If"Yes", answer questions a-e. If"No", go to Section 11. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may occur wholly or partially within,or substantially contiguous E3e ❑ ❑ to,any buildings,archaeological site or district which is listed on or has been nominated by the NYS Board of Historic Preservation for inclusion on the State or National Register of Historic Places. b.The proposed action may occur wholly or partially within,or substantially contiguous E3f ❑ ❑ to,an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory. c.The proposed action may occur wholly or partially within,or substantially contiguous E3g ❑ ❑ to,an archaeological site not included on the NY SHPO inventory. Source: Page 6 of 10 d.Other impacts: ❑ ❑ e.If any of the above(a-d)are answered"Yes",continue with the following questions to help support conclusions in Part 3: i. The proposed action may result in the destruction or alteration of all or part Be,E3g, ❑ ❑ of the site or property. E3f ii. The proposed action may result in the alteration of the property's setting or Be,E3f, ❑ ❑ integrity. E3g,Ela, Elb iii. The proposed action may result in the introduction of visual elements which Be,E3f, ❑ ❑ are out of character with the site or property,or may alter its setting. E3g,E3h, C2,C3 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a [:]NO W]YES reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1.C.2.c, E.l.c., E.2.q.) I "Yes", answer questions a-e. I "No", go to Section 12. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may result in an impairment of natural functions,or"ecosystem D2e,Elb ® ❑ services",provided by an undeveloped area,including but not limited to stormwater E2h, storage,nutrient cycling,wildlife habitat. Elm,E2o, E2n,E2 b.The proposed action may result in the loss of a current or future recreational resource. C2a,Elc, ® ❑ C2c,E2 c.The proposed action may eliminate open space or recreational resource in an area C2a,C2c ® ❑ with few such resources. Elc,E2q d.The proposed action may result in loss of an area now used informally by the C2c,El c ® ❑ community as an open space resource. e. Other impacts: ❑ ❑ 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical NO ❑YES environmental area(CEA). (See Part 1. E.3.d) I "Yes", answer questions a-c. ff"No", go to Section 13. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may result in a reduction in the quantity of the resource or E3d ❑ ❑ characteristic which was the basis for designation of the CEA. b.The proposed action may result in a reduction in the quality of the resource or E3d ❑ ❑ characteristic which was the basis for designation of the CEA. c.Other impacts: ❑ ❑ Page 7 of 10 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. QNO YES (See Part 1. D.2.j) I "Yes", answer questions a-g. I "No",go to Section 14. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Projected traffic increase may exceed capacity of existing road network. D2j ❑ ❑ b.The proposed action may result in the construction of paved parking area for 500 or D2j ❑ ❑ more vehicles. c.The proposed action will degrade existing transit access. D2j ❑ ❑ d.The proposed action will degrade existing pedestrian or bicycle accommodations. D2j ❑ ❑ e.The proposed action may alter the present pattern of movement of people or goods. D2j ❑ ❑ f. Other impacts: ❑ ❑ 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. [Z]NO ❑YES (See Part 1. D.2.k) I "Yes", answer questions a-e. I "No", go to Section 15. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action will require a new,or an upgrade to an existing,substation. D2k ❑ ❑ b.The proposed action will require the creation or extension of an energy transmission DIf, ❑ ❑ or supply system to serve more than 50 single or two-family residences or to serve a Dlq,D2k commercial or industrial use. c.The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k ❑ ❑ d.The proposed action may involve heating and/or cooling of more than 100,000 square Dlg ❑ ❑ feet of building area when completed. e.Other Impacts: 15. Impact on Noise,Odor,and Light The proposed action may result in an increase in noise,odors,or outdoor lighting. [:]NO W]YES (See Part 1. D.2.m.,n.,and o.) I "Yes", answer questions a-f I "No",go to Section 16. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may produce sound above noise levels established by local D2m ® ❑ regulation. b.The proposed action may result in blasting within 1,500 feet of any residence, 132m,Eld ® ❑ hospital,school,licensed day care center,or nursing home. c.The proposed action may result in routine odors for more than one hour per day. D2o ® ❑ Page 8 of 10 d.The proposed action may result in light shining onto adjoining properties. D2n ® ❑ e.The proposed action may result in lighting creating sky-glow brighter than existing D2n,Ela ® ❑ area conditions. f.Other impacts: ❑ ❑ 16. Impact on Human Health The proposed action may have an impact on human health from exposure ©NO ❑YES to new or existing sources of contaminants. (See Part l.D.2.q.,E.l. d. f.g. and h.) I "Yes", answer questions a-m. I "No", go to Section 17. Relevant No,or Moderate Part I small to large Question(s) impact impact may may cccur occur a.The proposed action is located within 1500 feet of a school,hospital,licensed day Eld ❑ ❑ care center,group home,nursing home or retirement community. b.The site of the proposed action is currently undergoing remediation. Elg,Elh ❑ ❑ c.There is a completed emergency spill remediation,or a completed environmental site Elg,Elh ❑ ❑ remediation on,or adjacent to,the site of the proposed action. d.The site of the action is subject to an institutional control limiting the use of the Elg,Elh ❑ ❑ property(e.g.,easement or deed restriction). e.The proposed action may affect institutional control measures that were put in place Elg,Elh ❑ ❑ to ensure that the site remains protective of the environment and human health. f.The proposed action has adequate control measures in place to ensure that future D2t ❑ ❑ generation,treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g.The proposed action involves construction or modification of a solid waste D2q,E 1 f ❑ ❑ management facility. h.The proposed action may result in the unearthing of solid or hazardous waste. D2q,Elf ❑ ❑ L The proposed action may result in an increase in the rate of disposal,or processing,of 132r,D2s ❑ ❑ solid waste. j.The proposed action may result in excavation or other disturbance within 2000 feet of Elf,Elg ❑ ❑ a site used for the disposal of solid or hazardous waste. Elh k.The proposed action may result in the migration of explosive gases from a landfill Elf,Elg ❑ ❑ site to adjacent off site structures. 1.The proposed action may result in the release of contaminated leachate from the D2s,Elf, ❑ ❑ project site. D2r m.Other impacts: Page 9 of 10 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. QNO YES (See Part 1. C.1,C.2.and C.3.) If"Yes", answer questions a-h. If"No", go to Section 18. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action's land use components may be different from,or in sharp C2,C3,Dla ❑ ❑ contrast to,current surrounding land use pattern(s). Ela,Elb b.The proposed action will cause the permanent population of the city,town or village C2 ❑ ❑ in which the project is located to grow by more than 5%. c.The proposed action is inconsistent with local land use plans or zoning regulations. C2,C2,C3 ❑ ❑ d.The proposed action is inconsistent with any County plans,or other regional land use C2,C2 ❑ ❑ plans. e.The proposed action may cause a change in the density of development that is not C3,Dlc, ❑ ❑ supported by existing infrastructure or is distant from existing infrastructure. Did,Dlf, Did,Elb f.The proposed action is located in an area characterized by low density development C4,132c,D2d ❑ ❑ that will require new or expanded public infrastructure. D2j g.The proposed action may induce secondary development impacts(e.g.,residential or C2a ❑ Cl commercial development not included in the proposed action) h.Other: ❑ ❑ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. [:]NO ©YES (See Part 1.C.2,C.3, D.2,E.3) I "Yes", answer questions a-g. I "No",proceed to Part 3. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may replace or eliminate existing facilities,structures,or areas E3e,E3f,E3g ® ❑ of historic importance to the community. b.The proposed action may create a demand for additional community services(e.g. C4 ® ❑ schools,police and fire) c.The proposed action may displace affordable or low-income housing in an area where C2,C3,Dl f ® ❑ there is a shortage of such housing. Dig,Ela d.The proposed action may interfere with the use or enjoyment of officially recognized C2,E3 0 ❑ or designated public resources. e.The proposed action is inconsistent with the predominant architectural scale and C2,C3 ® ❑ character. f.Proposed action is inconsistent with the character of the existing natural landscape. C2,C3 ® ❑ Ela,Elb E2g,E2h g.Other impacts: ❑ ❑ rPRINT FULL FORM Page 10 of 10 Project Agency Use Only [IfApplicablel Date Full Environmental Assessment Form Part 3-Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. See the additional information dated as last revised May 29,2014 provided with the LEAF. Determination of Significance-Type 1 and Unlisted Actions SEQR Status: m Type 1 ❑Unlisted Identify portions of EAF completed for this Project: m Part 1 [Z]Part 2 m Part 3 Upon review of the information recorded on this EAF,as noted,plus this additional support information and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the as lead agency that: © A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617A). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: A Local Law in relation to Amendments to Chapter 280,Zoning to Permit Commercial Solar Energy Production Systems Name of Lead Agency: Town of Southold Town Board Name of Responsible Officer in Lead Agency: Scot Russell Title of Responsible Officer: Supervisor AI Signature of Responsible Officer in Lead Agency: Date: 6/3/14 Signature of Preparer(if different from Responsible Officer Date: 5/29/14 For Further Information: Contact Person: Mark Terry,Principal Planner Address: P.O.Box 1179,Southold,NY 11971 Telephone Number:631-765-1938 E-mail: mark.terry@town.southold.ny.us For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: http://www.dec.ny.eov/enb/enb.htinl rPRINT FULL FORM Page 2 of 2 RESOLUTION 2014-475 ADOPTED DOC ID: 9861 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-475 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 3,2014: WHEREAS, it is the intent of the Town Board of the Town of Southold to allow Commercial Solar Energy Production Systems as a use in the Light Industrial ("LI") and Light Industrial Office ("LIO")Zoning Districts to support the Town's goals and policies and the efforts of LIPA (now PSEG)to reduce reliance on fossil fuels and allow the privatization of generation of renewable energy; and WHEREAS, the Town of Southold has developed goals and objectives to broaden the opportunities for renewable energy uses in the Town as outlined in the recently drafted Natural Resources and Environment Chapter of the Comprehensive Plan; and WHEREAS,the Town of Southold Local Waterfront Revitalization Program(2005) establishes Town policies that support the promotion of solar energy generation; now,therefore, be it RESOLVED that the Town Board of the Town of Southold hereby establishes itself as lead Agency and classifies the action as a Type I action pursuant to State Environmental Quality Review§617.4 Type I actions (b) (2); and be it further RESOLVED that the Town Board of the Town of Southold coordinated the action pursuant to §617.6 Initial review of actions and no significant comments were received; and be it fiu-ther RESOLVED that the Town Board of the Town of Southold hereby finds that"A Local Law in relation to Amendments to Chapter 280,Zoning,to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" will not result in significant impacts on the environment and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the Full Environmental Assessment Form; and be it further RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is consistent with the Town of Southold Local Waterfront Revitalization Program (LWRP)pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. yPyP Jr k Elizabeth A. ,Neville Southold Town Clerk 1 ' Resolution 2014-475 Board Meeting of June 3, 2014 RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr,Jill Doherty SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Updated: 6/2/2014 3:57 PM by Lynne Krauza Page 2 o�oS�FFo[�-�o ELIZABETH A.NEVILLE,MMC �� r/y Town Hall,53095 Main Road TOWN CLERKo P.O.Box 1179 C4 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p .� Fax(631)765-6145 MARRIAGE OFFICER y� ate!' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 5, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Law listed below on June 3, 2014: Local Law No. 7 of 2014: Local Law in Relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones Please sign the duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Zong Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Village of Greenport Southold Town Building Department Southold Town Planning Board Southold Town Zoning Board of Appeals Date: -12- –/z/ Signature, Received By �,�d Z— L �M � Title: L,,-IAj D A06-;- Please 06-iPlease print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ELIZABETH A.NEVILLE,MMC •Z�� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS • .� Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ��j �►a www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 5,2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Law listed below on June 3,2014: Local Law No. 7 of 2014: Local Law in Relation to Amendments to Chapter 280. Zoning. to Permit Commercial Solar energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones Please sign the duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Elizabeth A.Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Village of Greenport Southold Town Building Department Southold Town Planning Board Southold Town Zoning Board of Appeals Date: Cf/ Sigture, Received�y / !Q M Title: ly Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK RECEIVED jug It MAILING ADDRESS: PLANNING BOARD MEMBERS *QF so P.O.Box 1179 DONALD J.WILCENSKI ��� y�lO Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex PIERCE RAFFERTY G • Q 54375 State Route 25 JAMES H.RICH III ��� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR COU NTY,� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott Russell, Supervisor Members of the Town Board From: Don Wilcenski, Chair �% Members of the Planning Board Date: April 22, 2014 Re: Reasoning supporting "A Local Law in relation to Amendments to Chapter 280 Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" The Planning Board working with the Town Attorney's office recently drafted a local law to allow Commercial Solar Energy Production Systems in the Light Industrial (LI) and Light Industrial Park (LIO) zoning districts. The reasoning to add Commercial Solar Energy Production Systems as a use in the LI and LIO zoning districts is to support the Town's goals and the effort of LIPA(now PSEG)to reduce reliance on fossil fuels and allow the privatization of generation of renewable energy. The renewable energy generation through private, commercial companies has been incentivized at all levels of government encouraging a shift in structure from where the utility would generate and supply energy to consumers to one where private companies generate and sell renewable energy to the utility. To implement this shift LIPA/PSEG released several "Request for Proposals" for private solar energy generation and supply to the utility. Following the release, commercial solar companies began inquiring if the Town allows such a use, however,the use is not permitted. Although the use is not permitted,the Town has adopted goals to broaden the opportunities for renewable energy in Town. The draft Natural Resources and Environment chapter of the comprehensive plan includes a goal and objectives that supports the expansion of renewable energy opportunities and amendments the Town Code to allow such use. The goals and objectives follow: 7.2. Expand renewable energy opportunities that provide direct benefit to citizens, while ensuring quality of life. 7.2.1. Amend the Town Code to allow commercial renewable solar energy power generation projects. 7.2.2. Capitalize on Long Island Power Authority's Clean Solar Initiative Feed-In Tariff (FIT), New York State's Solar Tax Credit and Federal Tax Incentives and other incentive programs for the development of commercial renewable energy infrastructure. Currently, both the LI and LIO zoning districts allow public utility structures and uses by Special Exception review by the Zoning Board of Appeals but do not allow private generation of energy. Chapter 237 Streets and Sidewalks of the Town Code defines a Utility as "Any corporation, authority, or other entity that provides electric,telephone, cable television or other telecommunications service to the residents of the Town of Southold." Chapter 280 Zoning does not define Utility. The proposed local law expands the uses in the LI and LIO zoning districts to clarify and allow private, Commercial Solar Energy Production Systems,transfers Special Exception Review to the Planning Board and sets applicable review criteria for the use. O 614FFOL/-Oo ELIZABETH A.NEVILLE,MMC �y� l/y Town Hall, 53095 Main Road TOWN CLERKo P.O.Box 1179 ti = Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p • .F Fax(631)765-6145 MARRIAGE OFFICERTelephone(631)765-1800 y� RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 5, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Law listed below on June 3, 2014: Local Law No. 7 of 2014: Local Law in Relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones Please sign the duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Elizabeth A. Neville SUN Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State ParkCom --=L= Email: Town of Riverhead Town of Shelter Island Town of Southampton Village of Greenport Southold Town Building Department Southold Town Planning Board Southold Town Zoning Board of Appeals /1-'Po Date: / Signa ure, Received By LINDA Rp,NooL-PA Title: sS�t. Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK o�osuF�ot,��o ELIZABETH A.NEVILLE,MMC y, r/y Town Hall,53095 Main Road TOWN CLERK o P.O.Box 1179 C012 Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p • .F Fax(631)765-6145 MARRIAGE OFFICER y� 0� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June S,2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Law listed below on June 3,2014: Local Law No. 7 of 2014: Local Law in Relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones Please sign the duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Village of Greenport Southold Town Building Department Southold Town Planning Board Southold Town Zoning Board of Appeals Date: C&ht),5 int re, Recei y t� Title:161L-LAG Ple se print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK RECEIVED JUN 5 2014 Southold Town Clerk 0610512014 09:12 6317493436 S I TOWN CLERK PAGE 01 ELIZABETH A.NEVILLE,MMC �� Town Hall,53095 Main Road TOWN CLERK P.0.Box 1179 Southold,New York 11.971 REGISTRAR OF VITAL STATISTTCS Fax(631)765-6145 MARRIAGE O"TCER f � Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER * www.southoldtownny.guv FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 5, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Law listed below on lune 3, 2014: Local Law No. 7 of 2014: Focal Law in Relation to Amendments to Chanter 280, Zoning, to 'Permit Commercial Solar energy Production Systems as a Special Exception Use in the Light Industrjial 2nd 1., ht Industrial Office Zones Please sign the duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Village of Greenport Southold Town Building Department Southold Town Planning Board Southold Town Zoning Board of Appeals JQ.CW14 Date: ')- S'/ �6 Signature, Recdved By Title Bum ,—CLCD Please print n e PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK RECEIVED jUN 4 aouthold Town (ler o�oS�FFo�,�oo ELIZABETH A.NEVILLE,MMC �Z• r/y Town Hall,53095 Main Road TOWN CLERK C P.O.Box 1179 COD Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 5 • Fax(631)765-6145 MARRIAGE OFFICER �'� fit' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �.� `t►� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 5, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Law listed below on June 3, 2014: Local Law No. 7 of 2014: Local Law in Relation to Amendments to Chanter 280, Zoninz, to Permit Commercial Solar energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones Please sign the duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Village of Greenport Southold Town Building Department Southold Town Planning Board Southold Town Zoning Board of Appeals Date: Signature, Received By Title: Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK Cooper, Linda From: Cooper, Linda Sent: Thursday,June 05, 2014 9:42 AM To: Bunch, Connie; Cooper, Linda; Lanza, Heather; Randolph, Linda; Toth, Vicki; Verity, Mike Subject: Notice of Enactment of Local Law No. 7 - Solar in LI& Lio Attachments: LL 7 enacted_20140605084010.pdf 1 Cooper, Linda From: Cooper, Linda Sent: Thursday, June 05, 2014 9:44 AM To: 'Riverhead Town Clerk'; 'Shelter Island Town Clerk'; 'Southampton Town clerk '; Sylvia Pirillo Subject: Enactment of Local Law No.7 of 2014 Attachments: LL 7 enacted_20140605084010.pdf 1 ti RESOLUTION 2014-476 ADOPTED DOC ID: 9775 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-476 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 3, 2014: WHEREAS there had been resented to the Town Board of the Town of Southold, Suffolk County,New York, on the 8t day of April, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energv Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 6th day of May, 2014, at 7:32 p.m. at which time all interested persons were given an opportunity to be heard, now therefore, be it RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" which reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intention of the Town Board of the Town of Southold as part of its goal to limit dependence on imported fossil energy, and decrease greenhouse gas emissions to permit commercial solar energy production systems with special exception approval in the Light Industrial and Light Industrial Office Zones to minimize impacts to residents and scenic viewsheds important to the community. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. Commercial Solar Energy Production System - an arrangement or combination of components installed upon land that utilize solar radiation to produce energy designed to provide electricity for on-site or off-site use pursuant to a power purchase agreement §280-58. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are y Resolution 2014-476 Board Meeting of June 3, 2014 permitted as a special exception by the Board of Appeals as hereinafter provided, except subsection (B)(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be and subject to site plan approval by the Planning Board: (10) Commercial Solar Energy Production System, subject to the following criteria: (a) The commercial solar energy ystem shall not be on a parcel of less than five [51 acres. (b) All ground-mounted panels shall not exceed the height of 8' (c) All mechanical equipment of commercial solar energysystem, including any structure for batteries or storage cells, are completely enclosed by a minimum eight (8) foot high fence with a self-locking gate. (d) Notwithstanding any requirement in Section 280-59 of this Chapter, the total surface area of all ground-mounted and freestanding solar collectors, includingsphotovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. e The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent properties. (f) All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (g) All on-site utility and transmission lines are, to the extent feasible placed underground. (h) The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (i) The system is designed and situated to be compatible with the existing uses on adjacent and nearby.properties. (i) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (k) Any special exception approval granted under this article shall have a term of twenty years, commencing from the grant of the special exception which may be extended for additional five-year terms upon application to the Planning Board. (1) Decommissioning/Removal: (i) Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days the Town will cause the removal at the owner's expense. All costs and expenses incurred Updated: 6/3/2014 3:03 PM by Lynda Rudder Page 2 Resolution 2014-476 Board Meeting of June 3, 2014 by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy_production s s� tem shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. (ii) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy_production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal of commercial solar energy production systems in this chapter. §280-62. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except subsection (B)(10) which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be and subject to site plan approval by the Planning Board: (10) Commercial Solar Energy Production System subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five [51 acres. (b) All ground-mounted panels shall not exceed the height_ of 8' (c) All mechanical equipment of commercial solar energy system including any structure for batteries or storage cells are completely enclosed by a minimum eight(8) foot high fence with a self-locking gate. Updated: 6/3/2014 3:03 PM by Lynda Rudder Page 3 Resolution 2014-476 Board Meeting of June 3, 2014 (d) Notwithstanding any requirement in Section 280-63 of this Chapter, the total surface area of all ground-mounted and freestanding solar collectors, includingsphotovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (e) The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent properties. (f) All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way. (g) All on-site utility and transmission lines are to the extent feasible placed underground. (h) The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (i) The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties. (i) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (k) Any special exception approval granted under this article shall have a term of twenty ears commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (1) Decommissioning/Removal: (i) Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises Such assessment shall be and constitute a lien upon such land If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted a legal action may be Updated: 6/3/2014 3:03 PM by Lynda Rudder Page 4 Resolution 2014-476 Board Meeting of June 3, 2014 brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by for the collection and enforcement of real property taxes in the Town of Southold. (i) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal of commercial solar energy production systems in this chapter. §280-138. Fee schedule for site plan applications. D. The fee for new site plan applications for commercial solar energy production systems pursuant to §280-58(B)(10) and §280-62(B)(10) shall be a flat fee of$3,000.00 and the fee for an amendment to a site plan application for commercial solar energy production systems shall be $2,000.00. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Updated: 6/3/2014 3:03 PM by Lynda Rudder Page 5 �w«a, ® RESOLUTION 2014-423 %+ TABLED DOC ID: 9775 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-423 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 3, 2014: WHEREAS there had been resented to the Town Board of the Town of Southold, Suffolk County,New York, on the 8t day of April, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 6`h day of May,2014, at 7:32 p.m. at which time all interested persons were given an opportunity to be heard, now therefore, be it RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" which reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning,to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intention of the Town Board of the Town of Southold as part of its goal to limit dependence on imported fossil energy, and decrease greenhouse gas emissions to permit commercial solar energy production systems with special exception approval in the Light Industrial and Light Industrial Office Zones to minimize impacts to residents and scenic viewsheds important to the community. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. Commercial Solar Energy Production System - an arrangement or combination of components installed upon land that utilize solar radiation to produce energy designed to provide electricity for on-site or off-site use pursuant to a power purchase agreement. §280-58. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are Resolution 2014-423 Board Meeting of June 3, 2014 permitted as a special exception by the Board of Appeals as hereinafter provided, except subsection(B)(10) which mU be permitted as a special exception by the Planning Board and all such special exception uses shall be and subject to site plan approval by the Planning Board: (10) Commercial Solar Energy Production System, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five (51 acres. (b) All ground-mounted panels shall not exceed the height8' (c) All mechanical equipment of commercial solar energy system, including any structure for batteries or storage cells, are completely enclosed by a minimum eight (8) foot high fence with a self-locking_gate. (d) Notwithstanding any requirement in Section 280-59 of this Chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80%of the total parcel area. (e) The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent cent properties. �f) All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of- (g) All on-site utility and transmission lines are, to the extent feasible, 1p aced underground. (h) The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. The system is designed and situated to be compatible with the existing uses on adjacent and nearby_properties. In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (k) Any special exception approval granted under this article shall have a term of twenty years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (1) Decommissioning/Removal: (i) Any commercial solar energy_production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, Updated: 5/6/2014 10:55 PM by Elizabeth A. Neville Page 2 Resolution 2014-423 Board Meeting of June 3, 2014 the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days,the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. (ii) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal of commercial solar energy production systems in this chapter. §280-62. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except subsection (B)(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be aFA subject to site plan approval by Updated: 5/6/2014 10:55 PM by Elizabeth A. Neville Page 3 Resolution 2014-423 Board Meeting of June 3, 2014 the Planning Board: (10) Commercial Solar Energy Production System subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five F51 acres. (b) All ground-mounted panels shall not exceed the height of 8' (C) All mechanical equipment of commercial solar energy system, including, any structure for batteries or storage cells are completely enclosed by a minimum eight(8) foot high fence with a self-locking gate. (d) Notwithstanding any requirement in Section 280-63 of this Chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells panels and arrays shall not exceed 80% of the total parcel area. (e) The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent properties. (f) All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and ri htg s-of- way. (g�) All on-site utility and transmission lines are, to the extent feasible, placed underground._ (h) The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (i) The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties. (j) In approving a special exception, the Planning Board may waive or modif�yoof the above criteria if it finds that there is no detriment to public health, safety and welfare. (k) Any pecial exception approval granted under this article shall have a term of twenty years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the PlanningBoard. oard. (1) Decommissioning/Removal: (i) Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such Updated: 5/6/2014 10:55 PM by Elizabeth A. Neville Page 4 Resolution 2014-423 Board Meeting of June 3, 2014 deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar ener�y production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pqY such expenses within 10 days after the statement is presented or posted, a legal action mqy be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. (ii) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safetygeneral welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal of commercial solar energy production systems in this chapter. §280-138. Fee schedule for site plan applications. D. The fee for new site plan applications for commercial solar energy production systems pursuant to §280-58(B)(10) and §280-62(8)(10) shall be a flat fee of$3,000.00 and the fee for an amendment to a site plan application for commercial solar energy production systems shall be $2,000.00. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any Updated: 5/6/2014 10:55 PM by Elizabeth A. Neville Page 5 Resolution 2014-423 Board Meeting of June 3, 2014 court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk Updated: 5/6/2014 10:55 PM by Elizabeth A. Neville Page 6 SUMMARY OF LL/SOLAR ENERGY PRODUCTION SYSTEMS AS A SPECIAL EXCEPTION USE IN THE LI AND LIO ZONING DISTRICTS THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC HEARING AMENDS CHAPTER 280 ENTITLED "ZONING" OF THE SOUTHOLD TOWN CODE TO PERMIT COMMERCIAL SOLAR ENERGY PRODUCTION SYSTEMS AS A SPECIAL EXCEPTION USE IN THE LIGHT INDUSTRIAL (LI) AND LIGHT INDUSTRIAL OFFICE (LIO) ZONING DISTRICTS. SPECIFICALLY, THE LOCAL LAW ESTABLISHES A DEFINITION OF COMMERCIAL SOLAR ENERGY PRODUCTION SYSTEMS; SECTIONS 280- 58 AND 280-62 ARE BEING AMENDED TO STATE CRITERIA FOR THE ISSUANCE OF A SPECIAL EXCEPTION PERMIT FOR COMMERCIAL SOLAR ENERGY PRODUCTION SYSTEMS BY THE PLANNING BOARD AND THE RULES AND PROCEDURES FOR DECOMMISSIONING AND REMOVAL OF ANY SYSTEM UPON TERMINATION OR ABANDONMENT OF THE USE. THE LOCAL LAW ALSO ESTABLISHES FEES FOR INITIAL AND AMENDED APPLICATIONS FOR COMMERCIAL SOLAR ENERGY PRODUCTION SYSTEMS. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE. SUMMARY OF LUSOLAR ENERGY PRODUCTION SYSTEMS AS A SPECIAL EXCEPTION USE IN THE LI AND LIO ZONING DISTRICTS THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC HEARING AMENDS CHAPTER 280 ENTITLED "ZONING" OF THE SOUTHOLD TOWN CODE TO PERMIT COMMERCIAL SOLAR ENERGY PRODUCTION SYSTEMS AS A SPECIAL EXCEPTION USE IN THE LIGHT INDUSTRIAL (LI) AND LIGHT INDUSTRIAL OFFICE (LIO) ZONING DISTRICTS. SPECIFICALLY, THE LOCAL LAW ESTABLISHES A DEFINITION OF COMMERCIAL SOLAR ENERGY PRODUCTION SYSTEMS; SECTIONS 280- 58 AND 280-62 ARE BEING AMENDED TO STATE CRITERIA FOR THE ISSUANCE OF A SPECIAL EXCEPTION PERMIT FOR COMMERCIAL SOLAR ENERGY PRODUCTION SYSTEMS BY THE PLANNING BOARD AND THE RULES AND PROCEDURES FOR DECOMMISSIONING AND REMOVAL OF ANY SYSTEM UPON TERMINATION OR ABANDONMENT OF THE USE. THE LOCAL LAW ALSO ESTABLISHES FEES FOR INITIAL AND AMENDED APPLICATIONS FOR COMMERCIAL SOLAR ENERGY PRODUCTION SYSTEMS. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE. SUMMARY OF LUSOLAR ENERGY PRODUCTION SYSTEMS AS A SPECIAL EXCEPTION USE IN THE LI AND LIQ ZONING DISTRICTS THE PROPOSED LOCAL LAW THAT IS BEING ENACTED THIS EVENING AMENDS CHAPTER 280 ENTITLED "ZONING" OF THE SOUTHOLD TOWN CODE TO PERMIT COMMERCIAL SOLAR ENERGY PRODUCTION SYSTEMS AS A SPECIAL EXCEPTION USE IN THE LIGHT INDUSTRIAL (LI) AND LIGHT INDUSTRIAL OFFICE (LIO) ZONING DISTRICTS. SPECIFICALLY, THE LOCAL LAW ESTABLISHES A DEFINITION OF COMMERCIAL SOLAR ENERGY PRODUCTION SYSTEMS; SECTIONS 280- 58 AND 280-62 ARE BEING AMENDED TO STATE CRITERIA FOR THE ISSUANCE OF A SPECIAL EXCEPTION PERMIT FOR COMMERCIAL SOLAR ENERGY PRODUCTION SYSTEMS BY THE PLANNING BOARD AND THE RULES AND PROCEDURES FOR DECOMMISSIONING AND REMOVAL OF ANY SYSTEM UPON TERMINATION OR ABANDONMENT OF THE USE. THE LOCAL LAW ALSO ESTABLISHES FEES FOR INITIAL AND AMENDED APPLICATIONS FOR COMMERCIAL SOLAR ENERGY PRODUCTION SYSTEMS. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE. OFFICE LOCATION: O�*OF SoUryOl MAILING ADDRESS: Town Hall Annex O P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) cn Southold, NY 11971 Q Telephone: 631765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEIVED JUN 2 2014 To: Supervisor Scott Russell Southold Town Clerk Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: June 2, 2014 Re: Local Waterfront Revitalization Coastal Consistency Review of "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Eneray Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the following LWRP Policy Standards and therefore is CONSISTENT with the LWRP. Policy 13. Promote appropriate use and development of energy and mineral resources. 13.2 Promote alternative energy sources that are self-sustaining, including solar and wind powered energy generation. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney OFFICE LOCATION: ;{ AV P.O.MAIUNG DDRESS: Town Hall Annex Box 1179 54375 State Route 25 Southold,NY 11971 (cor. Main Rd.&Youngs Ave.) 7 Telephone:631765-1938 Southold, NY 11971 ;E "�► Q a' Fax:631765-3136 qu LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVED MEMORANDUM 'JUN 2 2014 Southold Town Clerk To: Supervisor Scott Russell Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: June 2, 2014 Re: Local Waterfront Revitalization Coastal Consistency Review of"A Local Law in relation to Amendments to Chapter 280, Zoninsa, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the following LWRP Policy Standards and therefore is CONSISTENT with the LWRP. Policy 13. Promote appropriate use and development of energy and mineral resources. 13.2 Promote altemative energy sources that are self-sustaining, including solar and wind powered energy generation. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney Neville, Elizabeth From: Randolph, Linda Sent: Thursday,June 05, 2014 12:01 PM To: Neville, Elizabeth; Doherty,Jill;Ghosio, Bob;Jim Dinizio; Louisa Evans (Ipevans@fishersisland.net); Russell, Scott;William Ruland Cc: Lanza, Heather; Bill Cremers; Donald Wilcenski;James Rich; Martin Sidor; Pierce Rafferty; Pierce Rafferty Subject: Planning Board memo re zoning for solar energy Attachments: solar zoning memo_20140605103523.pdf 1 MAILING ADDRESS: PLANNING BOARD MEMBERS q P.O.Box 1179 DONALD J.WILCENSKI Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERT'Y 64376 State Route 26 JAMES H.RICH III (cqr. Main Rd.&Youngs Ave.) MARTIN H.SIDOR /;� Southold,NY W�r Telephone:631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott Russell,Supervisor Members of the Town Board From: Don Wilcenski, Chair Members of the Planning Board Date: April 22, 2014 Re: Reasoning supporting"A-Local Law In el i o AmqndMenta to Chapter2-80,Zoninz o Permit Commercial Solar Energy Production Svstems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" The Planning Board working with the Town Attorney's office recently drafted a local law to allow Commercial Solar Energy Production Systems in the Light Industrial(LI)and Light Industrial Park(LIO)zoning districts. The reasoning to add Commercial Solar Energy Production Systems as a use in the LI and LIO zoning districts is to support the Town's goals and the effort of LIPA(now PSEG)to reduce reliance on fossil fuels and allow the privatization of generation of renewable energy. The renewable energy generation through private,commercial companies has been incentivized at all levels of government encouraging a shift in structure from where the utility would generate and supply energy to consumers to one where private companies generate and sell renewable energy to the utility. To implement this shift LIPA/PSEG released several "Request for Proposals"for private solar energy generation and supply to the utility. Following the release,commercial solar companies began inquiring if the Town allows such a use, however,the use is not permitted. Although the use is not permitted,the Town has adopted goals to broaden the opportunities for renewable energy in Town. The draft Natural Resources and Environment chapter of the comprehensive plan includes a goal and objectives that supports the expansion of renewable energy opportunities and amendments the Town Code to allow such use. The goals and objectives follow: 7.2. Expand renewable energy opportunities that provide direct benefit to citizens,while ensuring quality of life. 7.2.1. Amend the Town Code to allow commercial renewable solar energy power generation projects. 7.2.2. Capitalize on Long Island Power Authority's Clean Solar Initiative Feed-In Tariff (FIT), New York State's Solar Tax Credit and Federal Tax Incentives and other incentive programs for the development of commercial renewable energy infrastructure. Currently, both the LI and LIO zoning districts allow public utility structures and uses by Special Exception review by the Zoning Board of Appeals but do not allow private generation of energy. Chapter 237 Streets and Sidewalks of the Town Code defines a Ut_ i M as"Any corporation, authority,or other entity that provides electric,telephone,cable television or other telecommunications service to the residents of the Town of Southold." Chapter 280 Zoning does not define Utility. The proposed local law expands the uses in the LI and LIO zoning districts to clarify and allow private, Commercial Solar Energy Production Systems,transfers Special Exception Review to the Planning Board and sets applicable review criteria for the use. SOUTHOLD TOWN BOARD PUBLIC HEARING May 6, 2014 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 8:34 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,there had been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 8`h day of April, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chanter 280, Zonim, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 6 1 day of May,2014, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intention of the Town Board of the Town of Southold as part of its goal to limit dependence on imported fossil energy, and decrease greenhouse gas emissions to permit commercial solar energy production systems with special exception approval in the Light Industrial and Light Industrial Office Zones to minimize impacts to residents and scenic viewsheds important to the community. Amendments to Chapter 280, Solar in LI and LIO zones May 6, 2014 2 II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. Commercial Solar Energy Production System—an arrangement or combination of components installed upon land that utilize solar radiation to produce energy designed to provide electricity for on-site or off-site use pursuant to a power purchase agreement. §280-58. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except subsection (B)(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be and subject to site plan approval by the Planning Board: (10) Commercial Solar Energy Production System subject to the following criteria: (a) The commercial solar energy ystem shall not be on a parcel of less than five [51 acres. (b) All ground-mounted panels shall not exceed the height of 8' (c) All mechanical equipment of commercial solar energy ystem including any structure for batteries or storage cells, are completely enclosed by a minimum eight (8) foot high fence with a self-locking gate. (d) Notwithstanding any requirement in Section 280-59 of this Chapter, the total surface area of all ground-mounted and freestanding solar collectors including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (e) The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent properties. (f) All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and ri hts-of- way. W All on-site utility and transmission lines are to the extent feasible placed underground. (h) The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations (i) The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties. Amendments to Chapter 280, Solar in LI and LIO zones May 6, 2014 3 (j) In approving a special exception, the Planning Board may waive or modify of the above criteria if it finds that there is no detriment to public health, safety and welfare. W Any special exception approval granted under this article shall have a term of twenty years, commencing from the grant of the special exception, which maybe extended for additional five-year terms upon application to the Planning Board. (1) Decommissioning/Removal: (i) Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspectors maygive the owner notice that unless the removal is accomplished within 30 days the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted a legal action may be brought to collect such assessment or to foreclose such lien As an alternative to the maintenance of any such action the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located with the Assessors, who shall, in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold Amendments to Chapter 280, Solar in LI and LIO zones May 6, 2014 4 (ii) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal of commercial solar energy production systems in this chapter. §280-62. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except subsection (B)(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be and subject to site plan approval by the Planning Board: (10) Commercial Solar Energy Production System subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five Ll acres. (b) All ground-mounted panels shall not exceed the height of 8' (c) All mechanical equipment of commercial solar energy system including any structure for batteries or storage cells, are completely enclosed by a minimum eight (8) foot high fence with a self-locking gate. (d) Notwithstanding any requirement in Section 280-63 of this Chapter, the total surface area of all ground-mounted and freestanding solar collectors including solar photovoltaic cells, panels, and arrays shall not exceed 80% of the total parcel area. (e) The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent properties. (f) All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and ri hts-of- way. (g) All on-site utility and transmission lines are to the extent feasible placed underground. (h) The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations Amendments to Chapter 280, Solar in LI and LIO zones May 6, 2014 5 (i) The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties. (j) In approving a special exception, the Planning Board may waive or modify of the above criteria if it finds that there is no detriment to public health, safety and welfare. (k) Any special exception approval granted under this article shall have a term of twenty years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (1) Decommissioning/Removal: (i) Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy productionsystem is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same Amendments to Chapter 280, Solar in LI and LIO zones May 6, 2014 6 time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. (ii) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal of commercial solar energy production systems in this chapter. §280-138. Fee schedule for site plan applications. D. The fee for new site plan applications for commercial solar energy productions std pursuant to §280-58(13)10) and §280-62(B)(10) shall be a flat fee of$3,000.00 and the fee for an amendment to a site plan application for commercial solar energy production systems shall be $2,000.00. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have an affidavit of posting from the Town Clerk and this was posted on the Town Clerk's bulletin signed by Ms. Neville. I have an affidavit of publication in the Suffolk Times newspaper and a copy of that is here signed by Karen Kine the principal clerk. I do have a memorandum here from the Planning Board, the Planning Board's recommendation and the SEQRA review has not yet been completed, so we will be, at the end of this public comments and I think we will have to table this in lieu of receiving the Planning Board's recommendation and SEQRA review. I do have a letter here from the LWRP coordinator and he is saying that the proposed local law has been reviewed and the proposed action is consistent with the following Local Waterfront Revitalization program policy standards and therefore is consistent with the LWRP. It refers to policy 13 promoting appropriate use in development of energy and mineral resources as well as promote alternative energy sources that are self-sustaining including solar and wind powered energy generation. And finally I have from Suffolk County Department of Planning, that a decision of local determination should not be construed as either an approval or disapproval but that the Suffolk County Planning Commission has considered this to be a matter for local determination as there is no apparent significant county-wide or inter-community impacts. I believe that is it. Amendments to Chapter 280, Solar in LI and LIO zones May 6, 2014 7 SUPERVISOR RUSSELL: I would invite anybody that would like to address the Town Board on this particular local law to please feel free. CHRIS WEIDERMANN: Chris Weidermann, director of development with Sustainable Power Group. I would like to propose an alternative to the LI zoning ordinance and provide a little background LIPA's programs and why they are an alternative solution that (inaudible). I have a handout that I would like to give to the Town Board. So first just a very brief background on Sustainable Power Group, who we are. We are a leading renewable development firm located in (inaudible) with offices in Brooklyn. We have a solar portfolio under construction development operation (inaudible) and here in New York. We are financed by (inaudible) partners, private equity fund in New York City and I have over 2 gigawatts of solar projects under development across the US. As sort of a side note, we were the most successful business in the first round of the LIPA (inaudible) and we have one project that was awarded through that program (inaudible). So a quick overview on S Power's proposed alternative to the LI LIO zoning, obviously recognize kind of the scenic viewshed and the (inaudible) of Southold is very important to the town, we respect that and we respect the desire to protect the local ag land use. Due to the nature of LIPA's renewable program and the process they use to award ppa's, power purchase agreements, to projects, we think it may make sense as an alternative to the LI LIO zoning to have what we would call floating zoning overlay for solar. So this would be very similar to what the town currently has for affordable housing floating zone. Essentially it would be zoning overlay that would apply to specific parcels deems in its discretion are suitable for solar. And obviously this would, we think this is relevant because of kind of the process LIPA uses to award projects and I will provide a little bit of background on that as well, so the next slide,just a quick overview of how projects are awarded through LIPA's programs. As you guys may know, probably through being bombarded with speculative inquiries for solar development over the last two years, there is a fairly low barrier to entry to participate in these programs. There is a site (inaudible) requirements, there's inter-connection engineering requirement and there's a small application fee and that gets you in the program. And gets your name (inaudible). So (inaudible) entry is rampant speculation, a lot of developers that don't have financing aren't real, aren't viable and the result is probably the bombardment you guys have seen from developers over the last couple of years. It is also important to note that in LIPA's requirements, there's really no requirements from the local municipality to pre-approve the site for solar development. So a developer can propose a site that has good, you know, inter-connection capacity for the project to deliver energy but there is no requirement for the municipality to sign off. And that is probably one of the reasons you guys (inaudible) that we are talking about tonight is because we have been through the whole process with LIPA and their requirement does not include any of this (inaudible). So, that's why we have been under the radar a little bit but the point is lot's of speculation, (inaudible). The next slide you will see a summary of all of the programs that LIPA has offered, there are three. There was a (inaudible) in 2012 for 50 megawatts, there was 100 megawatt program that closed this past March and there was a 200 megawatt program that closed also pretty recently although that was more targeted for large scale renewables, also included wind and hydro and other technology. So really the first few programs shown there are the ones that would typically resulted in projects sited in Southold. The programs are totally closed, applications no longer be submitted and ppa's have all been awarded for those programs. So the interesting thing to note is that of all of th a speculative proposals LIPA received for those programs, there are only two that were awarded ppa's by LIPA. One, Amendments to Chapter 280, Solar in LI and LIO zones May 6, 2014 8 you guys are obviously aware of, the (inaudible) proposal at the landfill for 2 megawatts and that was from the more recent (inaudible) program and the other is S powers 3 megawatt facility which is located at, near Route 48 and Horton Lane on a sod farm. So of all the projects that were proposed to LIPA (inaudible) that have the opportunity to move forward and LIPA currently has no other programs planned for additional solar procurement. So it is worth noting because you know, I think the message I want to convey is that there has been a lot of speculation for these programs and I think it is fairly wise of the town to try to limit solar developments from kind of running rampant. I think the risk is that by limiting it too much, you can exclude projects that are otherwise very viable that can move forward. S power project for example (inaudible) this year has fully approved power purchase agreement and (inaudible) with LIPA which is something that can't be said for projects in the second round (inaudible). So a very high level of viability but this project does not fall within the LI LIO zoning restriction. So I think it is worth noting that opportunities for solar in Southold moving forward are actually quite limited despite the speculation. So, kind of the take away is really, you know, recognize that the town wants solar (inaudible) in the proposed code on the agenda tonight and we support that you know, despite the intense speculation, only two projects are moving forward in Southold. Additional solar development potential in the town is very limited and we as developer with a very viable project want to work with the town to identify a solution (inaudible) in a way that can allow projects that are viable to move forward without excluding those projects through a zoning code. And we think that promoting a renewable energy zone accomplishes that and allows the town to limit solar development in a way it wants. So I also included in the handout you received a few slides on S powers projects, vicinity map as well as a preliminary layouts, we have a visual analysis that we conducted to address kind of the site issues and the viewshed concerns that might (inaudible) to maintain the viewshed area. We think that is very important. So if the town is interested, S power would be willing to propose that language as an alternative code amendment for a solar overlay zone, that we request the town consider the alternative to the LI LIO zoning. And if you have any questions? COUNCILMAN DINIZIO: I have a question. Looking at your project, you say you are approved for that project? MR. WEIDERMANN: We are fully approved on the utility site, so LIPA awarded a power purchase agreement which is the contract by which we sell energy to the utility and an inter- connection agreement which is the agreement that essentially allows us to plug into the transmission system and those have already been fully approved and executed by the utility. So from their standpoint, we have all the authorizations necessary to deliver energy to the grid after we build, so really the only remaining development hurdle for this project is the land use approval. Everything else has been done. So that's what I mean by approval. Obviously land use is quite important to the over all process, as the utility approvals are actually very, very difficult to achieve which is why there has been so much fallout with these programs. And it is also, sorry, I should mention more thing, it's also the reason we didn't approach the town sooner you know, to sort of discuss this particular project because we didn't have those authorizations lined up until the beginning of this year and we didn't want to bring a project to the town that wasn't real. Amendments to Chapter 280, Solar in LI and LIO zones May 6, 2014 9 COUNCILMAN DINIZIO: 1, do you want some truth here or do you just want, I mean, we could just not discuss this but I am looking at a piece of land here that's probably 75% covered with solar panels. I mean, there's no way that happens in this town. MR. WEIDERMANN: I think in the proposed ordinance language there was an 80% coverage ratio. Is that.... COUNCILMAN DINIZIO: On LIO maybe. MR. WEIDERMANN: On LIO? COUNCILMAN DINIZIO: And that is very limited. We have very limited space in that. I mean, you are talking about a piece of ag land here that is probably 80 % of our town. MR. WEIDERMANN: Well, that is right. Certainly agricultural is a common use out here and we recognize that and that would be one of the special provisions in the overlay code, is it would have a coverage provision similar to the LIO (inaudible). We are certainly not proposing a sweeping overhaul of the agricultural zoning code or anything that would affect the town's ag land at large. We want to make it very limited to projects that have approvals from the utility and are able to be (inaudible). So it would limit the risk of opening it up, as I think you are concerned about. Opening up all the ag land in town to solar. COUNCILMAN DINIZIO: Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this local law? This hearing was adjourned at 8:45 PM until June 3, 2014 This hearing was declared closed on June 3, 2014 at 8:11 PM Elizabeth A. Neville Southold Town Clerk SOUTHOLD TOWN BOARD PUBLIC HEARING May 6, 2014 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 8:34 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,there had been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 8th day of April, 2014, a Local Law entitled"A Local Law in relation to Amendments to Chanter 280,Zoning,to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 6th day of May,2014, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280. Zoning,to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones"reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280,Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intention of the Town Board of the Town of Southold as part of its goal to limit dependence on imported fossil energy, and decrease greenhouse gas emissions to permit commercial solar energy production systems with special exception approval in the Light Industrial and Light Industrial Office Zones to minimize impacts to residents and scenic viewsheds important to the community. Amendments to Chapter 280, Solar in LI and LIO zones May 6, 2014 2 II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. Commercial Solar Energy Production System—an arrangement or combination of components installed upon land that utilize solar radiation to produce energy designed to provide electricity for on-site or off-site use pursuant to a power purchase agreement. §280-58. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except subsection(B)(10) which maybe permitted as a special exception by the Planning Board, and all such special exception uses shall be and subject to site plan approval by the Planning Board: (10) Commercial Solar Energy Production System subject to the following criteria: (a) The commercial solar energy ystem shall not be on a parcel of less than five j51 acres. (b) All ground-mounted panels shall not exceed the height of 8' (c) All mechanical equipment of commercial solar energy system including any structure for batteries or storage cells are completely enclosed by a minimum eight(8) foot high fence with a self-locking gate. (d) Notwithstanding any requirement in Section 280-59 of this Chapter,the total surface area of all ground-mounted and freestandinia solar collectors including solar photovoltaic cells panels and arrays shall not exceed 80%of the total parcel area. (e) The installation of a vegetated_ perimeter buffer to provide year round screening of the system from adjacent properties. (f) All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rihts-of- way. (g) All on-site utility and transmission lines are to the extent feasible placed underground. (h) The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations (i) The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties. Amendments to Chapter 280, Solar in LI and LIO zones May 6, 2014 3 (i) In approving a special exception the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health safety and welfare. (k) Any special exception approval granted under this article shall have a term of twenty years, commencing from the grant of the special exception which may be extended for additional five-year terms upon application to the PlanningBoard. oard (1) Decommissioning/Removal: (i) Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned At that time the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days the Town will cause the removal at the owner's expense All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located,then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 dans after the statement is presented or posted a legal action may be brought to collect such assessment or to foreclose such lien As an alternative to the maintenance of any such action the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located with the Assessors, who shall, in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold Amendments to Chapter 280, Solar in LI and LIO zones May 6, 2014 4 (ii) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal of commercial solar energy production systems in this chapter. §280-62. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except subsection(B)(10) which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be and subject to site plan approval by the Planning Board: (10) Commercial Solar Energy Production System subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five Ll acres. (b) All ground-mounted panels shall not exceed the height of 8' (c) All mechanical equipment of commercial solar energy system including any structure for batteries or storage cells are completely enclosed by a minimum eight(8) foot high fence with a self-locking gate. (d) Notwithstanding any requirement in Section 280-63 of this Chapter, the total surface area of all ground-mounted and freestanding solar collectors including solar photovoltaic cells panels and arrays shall not exceed 80%of the total parcel area. (e) The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent properties (f) All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rihtg_ s-of- way. (g) All on-site utility and transmission lines are to the extent feasible placed underground. (h) The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations Amendments to Chapter 280, Solar in LI and LIO zones May 6, 2014 5 (i) The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties. (j) In approving a special exception,the Planning Board may waive or modify PPY of the above criteria if it finds that there is no detriment to public health, safety and welfare. (k) Any pecial exception approval granted under this article shall have a term of twenty years, commencing from the grant of the special exception,which may be extended for additional five-year terms upon application to the Planning_Board. (1) Decommissioning/Removal: (i) AU commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy_production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days,the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days,the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located,then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented orposted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action,the Building Inspector may file a certificate of the actual expenses incurred as aforesaid,together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner,by the same proceedings, at the same Amendments to Chapter 280, Solar in LI and LIO zones May 6, 2014 6 time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. (ii) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a)and govern the subject of removal of commercial solar energy production systems in this chapter. §280-138. Fee schedule for site plan applications. D. The fee for new site plan applications for commercial solar energy production s sty ems pursuant to §280-58(B)(10) and 4280-62(B)(10) shall be a flat fee of$3,000.00 and the fee for an amendment to a site plan application for commercial solar energy production systems shall be $2,000.00. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have an affidavit of posting from the Town Clerk and this was posted on the Town Clerk's bulletin signed by Ms. Neville. I have an affidavit of publication in the Suffolk Times newspaper and a copy of that is here signed by Karen Kine the principal clerk. I do have a memorandum here from the Planning Board, the Planning Board's recommendation and the SEQRA review has not yet been completed, so we will be, at the end of this public comments and I think we will have to table this in lieu of receiving the Planning Board's recommendation and SEQRA review. I do have a letter here from the LWRP coordinator and he is saying that the proposed local law has been reviewed and the proposed action is consistent with the following Local Waterfront Revitalization program policy standards and therefore is consistent with the LWRP. It refers to policy 13 promoting appropriate use in development of energy and mineral resources as well as promote alternative energy sources that are self-sustaining including solar and wind powered energy generation. And finally I have from Suffolk County Department of Planning, that a decision of local determination should not be construed as either an approval or disapproval but that the Suffolk County Planning Commission has considered this to be a matter for local determination as there is no apparent significant county-wide or inter-community impacts. I believe that is it. Amendments to Chapter 280, Solar in LI and LIO zones May 6, 2014 7 SUPERVISOR RUSSELL: I would invite anybody that would like to address the Town Board on this particular local law to please feel free. CHRIS WEIDERMANN: Chris Weidermann, director of development with Sustainable Power Group. I would like to propose an alternative to the LI zoning ordinance and provide a little background LIPA's programs and why they are an alternative solution that (inaudible). I have a handout that I would like to give to the Town Board. So first just a very brief background on Sustainable Power Group, who we are. We are a leading renewable development firm located in (inaudible) with offices in Brooklyn. We have a solar portfolio under construction development operation (inaudible) and here in New York. We are financed by (inaudible) partners, private equity fund in New York City and I have over 2 gigawatts of solar projects under development across the US. As sort of a side note, we were the most successful business in the first round of the LIPA (inaudible) and we have one project that was awarded through that program (inaudible). So a quick overview on S Power's proposed alternative to the LI LIO zoning, obviously recognize kind of the scenic viewshed and the (inaudible) of Southold is very important to the town, we respect that and we respect the desire to protect the local ag land use. Due to the nature of LIPA's renewable program and the process they use to award ppa's, power purchase agreements, to projects, we think it may make sense as an alternative to the LI LIO zoning to have what we would call floating zoning overlay for solar. So this would be very similar to what the town currently has for affordable housing floating zone. Essentially it would be zoning overlay that would apply to specific parcels deems in its discretion are suitable for solar. And obviously this would, we think this is relevant because of kind of the process LIPA uses to award projects and I will provide a little bit of background on that as well, so the next slide,just a quick overview of how projects are awarded through LIPA's programs. As you guys may know, probably through being bombarded with speculative inquiries for solar development over the last two years, there is a fairly low barrier to entry to participate in these programs. There is a site (inaudible) requirements, there's inter-connection engineering requirement and there's a small application fee and that gets you in the program. And gets your name (inaudible). So (inaudible) entry is rampant speculation, a lot of developers that don't have financing aren't real, aren't viable and the result is probably the bombardment you guys have seen from developers over the last couple of years. It is also important to note that in LIPA's requirements, there's really no requirements from the local municipality to pre-approve the site for solar development. So a developer can propose a site that has good, you know, inter-connection capacity for the project to deliver energy but there is no requirement for the municipality to sign off. And that is probably one of the reasons you guys (inaudible) that we are talking about tonight is because we have been through the whole process with LIPA and their requirement does not include any of this (inaudible). So, that's why we have been under the radar a little bit but the point is lot's of speculation, (inaudible). The next slide you will see a summary of all of the programs that LIPA has offered, there are three. There was a (inaudible) in 2012 for 50 megawatts, there was 100 megawatt program that closed this past March and there was a 200 megawatt program that closed also pretty recently although that was more targeted for large scale renewables, also included wind and hydro and other technology. So really the first few programs shown there are the ones that would typically resulted in projects sited in Southold. The programs are totally closed, applications no longer be submitted and ppa's have all been awarded for those programs. So the interesting thing to note is that of all of th a speculative proposals LIPA received for those programs, there are only two that were awarded ppa's by LIPA. One, Amendments to Chapter 280, Solar in LI and LIO zones May 6, 2014 8 you guys are obviously aware of,the (inaudible) proposal at the landfill for 2 megawatts and that was from the more recent (inaudible) program and the other is S powers 3 megawatt facility which is located at, near Route 48 and Horton Lane on a sod farm. So of all the projects that were proposed to LIPA (inaudible) that have the opportunity to move forward and LIPA currently has no other programs planned for additional solar procurement. So it is worth noting because you know, I think the message I want to convey is that there has been a lot of speculation for these programs and I think it is fairly wise of the town to try to limit solar developments from kind of running rampant. I think the risk is that by limiting it too much, you can exclude projects that are otherwise very viable that can move forward. S power project for example (inaudible) this year has fully approved power purchase agreement and(inaudible)with LIPA which is something that can't be said for projects in the second round (inaudible). So a very high level of viability but this project does not fall within the LI LIO zoning restriction. So I think it is worth noting that opportunities for solar in Southold moving forward are actually quite limited despite the speculation. So, kind of the take away is really, you know, recognize that the town wants solar (inaudible) in the proposed code on the agenda tonight and we support that you know, despite the intense speculation, only two projects are moving forward in Southold. Additional solar development potential in the town is very limited and we as developer with a very viable project want to work with the town to identify a solution(inaudible) in a way that can allow projects that are viable to move forward without excluding those projects through a zoning code. And we think that promoting a renewable energy zone accomplishes that and allows the town to limit solar development in a way it wants. So I also included in the handout you received a few slides on S powers projects, vicinity map as well as a preliminary layouts, we have a visual analysis that we conducted to address kind of the site issues and the viewshed concerns that might (inaudible) to maintain the viewshed area. We think that is very important. So if the town is interested, S power would be willing to propose that language as an alternative code amendment for a solar overlay zone, that we request the town consider the alternative to the LI LIO zoning. And if you have any questions? COUNCILMAN DINIZIO: I have a question. Looking at your project, you say you are approved for that project? MR. WEIDERMANN: We are fully approved on the utility site, so LIPA awarded a power purchase agreement which is the contract by which we sell energy to the utility and an inter- connection agreement which is the agreement that essentially allows us to plug into the transmission system and those have already been fully approved and executed by the utility. So from their standpoint, we have all the authorizations necessary to deliver energy to the grid after we build, so really the only remaining development hurdle for this project is the land use approval. Everything else has been done. So that's what I mean by approval. Obviously land use is quite important to the over all process, as the utility approvals are actually very, very difficult to achieve which is why there has been so much fallout with these programs. And it is also, sorry, I should mention more thing, it's also the reason we didn't approach the town sooner you know, to sort of discuss this particular project because we didn't have those authorizations lined up until the beginning of this year and we didn't want to bring a project to the town that wasn't real. Amendments to Chapter 280, Solar in LI and LIO zones May 6, 2014 9 COUNCILMAN DINIZIO: I, do you want some truth here or do you just want, I mean, we could just not discuss this but I am looking at a piece of land here that's probably 75% covered with solar panels. I mean,there's no way that happens in this town. MR. WEIDERMANN: I think in the proposed ordinance language there was an 80% coverage ratio. Is that.... COUNCILMAN DINIZIO: On LIO maybe. MR. WEIDERMANN: On LIO? COUNCILMAN DINIZIO: And that is very limited. We have very limited space in that. I mean, you are talking about a piece of ag land here that is probably 80% of our town. MR. WEIDERMANN: Well, that is right. Certainly agricultural is a common use out here and we recognize that and that would be one of the special provisions in the overlay code, is it would have a coverage provision similar to the LIO (inaudible). We are certainly not proposing a sweeping overhaul of the agricultural zoning code or anything that would affect the town's ag land at large. We want to make it very limited to projects that have approvals from the utility and are able to be (inaudible). So it would limit the risk of opening it up, as I think you are concerned about. Opening up all the ag land in town to solar. COUNCILMAN DINIZIO: Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this local law? This hearing was adjourned at 8:45 PM until June 3, 2014 E"beleville Southold Town Clerk COUNTY OF SUFFOLK 11 tAy 2014 Steven BelloneSUFFOLK COUNTY EXECUTIVE T!]WflOf SS OFF D Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment May 6, 2014 RECEIVED Town of Southold 53095 Route 25 MAY 1 L X014 P.O. Box 1179 Southold,NY 11971-0959 Southold Town Clerk Attn: Scott A. Russell,Supervisor SEQRA Lead Agency Coordination Re: Amendments to Chapter 280,Zoning To Permit Commercial Solar Energy Production Systems In the Light Industrial and Light Industrial Park Zoning Districts S.C.T.M.No.: N/A S.C.P.C. No.: SD-14-LD Dear Supervisor Russell: Your notification for SEQR Coordination was received by our agency on May 2, 2014. Please be advised that our agency,the Suffolk County Planning Commission,has no objection to the Town of Southold assuming Lead Agency status for the above referenced. The Suffolk County Planning Commission reserves the right to comment on this proposed action in the future and wants to be kept informed of all actions taken pursuant to SEQRA and to be provided with copies of all EAF's,DEIS'S and FEIS's,etc. Please note that pursuant to New York State General Municipal Law section 239 and Article XIV of the Suffolk County Administrative Code,prior to final approval,this action should be referred to the Suffolk County Planning Commission for review. Sincerely, 6 Andrew P. Freleng Chief Planner APF:cd H.LEE DENNISON BLDG 0 100 VETERANS MEMORIAL HWY,4th FI n P.O.BOX 6100■HAUPPAUGE,NY 11788-0099 0(831)853-5191 RESOLUTION 2014-422 f ADOPTED DOC ID. 9778 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-422 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 6,2014: WHEREAS, the Town Board of the Town of Southold is seeking to undertake an Amendment to the Southold Town Code to allow for commercial solar energy production opportunities in appropriate Zoning Districts within the Town; and WHEREAS, the Light Industrial and Light Industrial Office Zoning Districts of the Southold Town Code currently allow public utility structures and uses through Special Exception review by the Zoning Board of Appeals but do not allow private, commercial generation of solar energy; and WHEREAS, the Town Board of the Town of Southold has drafted a"Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones"to allow the generation of solar energy through Special Exception review by the Planning Board and establish criteria for the use; and WHEREAS,the Town Board of the Town of Southold declares the intent to establish itself as lead agency under§617.6 Initial review of actions and establishing lead agency of the New York State Environmental Quality Review Act (SEQRA); and WHEREAS, this action is a Type I action pursuant to§617.4 Type I actions of the New York State Environmental Quality Review Act (SEQRA); and WHEREAS, a classification of the action as a Type I action requires that the Southold Town Board coordinate with involved agencies pursuant to §617.6 Initial review of actions and establishing lead agency of the New York State Environmental Quality Review Act (SEQRA); now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds that"A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" is a Type I action pursuant to§617.4 Type 1 actions of SEQRA; and be it further RESOLVED that the Town Board of the Town of Southold initiated SEQRA coordination for the action and caused the transmittal of Part I of the Full Environmental Assessment Form to the involved agencies on April 30, 2014. 6 Elizabeth A. Neville • Resolution 2014-422 Board Meeting of May 6, 2014 Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Updated: 5/6/2014 1:56 PM by Lynne Krauza Page 2 RECEIVED Steven Bellone APR ? ?014 SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning SOUthold Town Clerk Joanne Minieri Deputy County Executive and Commissioner Division and Environment Planning ironment April 21,2014 Town of Southold 53095 Main Road P.O. Box 1179 Southold,NY 11971 Attn: Elizabeth Neville Applicant: Town of Southold Zoning Action: Amendments to Chapter 280,Zoning to Permit Commercial Solar Energy Production Systems as A Special Exception Use in the Light Industrial and Light Office Zones S.C.P.D. File No.: SD-14-LD Dear Ms.Neville: Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. • Very truly yours, Sarah Lansdale Director of Planning 4-1 Andrew Vreg Chief Planner APF:cd LEE DENNISON BLDG 0 100 VETERANS MEMORIAL HWY,4th FI 0 P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 (631)853-5191 SO�jyo OFFICE LOCATION: O l0 MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) G Q Southold, NY 11971 Telephone:631 765-1938 o�y�DUNTy,� Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVED MEMORANDUM APR 3 0 ° t4 To: Supervisor Scott Russell Southold Town Clerk Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: April 29, 2014 Re: Local Waterfront Revitalization Coastal Consistency Review of "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this • department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the following LWRP Policy Standards and therefore is CONSISTENT with the LWRP. Policy 13. Promote appropriate use and development of energy and mineral resources. 13.2 Promote alternative energy sources that are self-sustaining, including solar and wind powered energy generation. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney #11656 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s) successfully commencing on the 24th day of April, 2014. Principal Clerk Sworn to before me this ; day of 2014. CML' H . .. C41`OLIN�SKI NOTAPY OF NEW YORK Ietc�_ ti's`t�:r�'i i;I�+JSO County LEGAL NOTICE MY Cornnlisn;,rr r Aoruary 28, 2016 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN,there had been presented to the Town Board (1)Decom_missionin&2g ov • lines are to the extent feasible placed un- of the Town of Southold,Suffolk County, (i)Any commercial solar energy_pro_ derground New York,on the 8th day of April,2014,a duction system that is not operated for (h)The installation of a cle r(y visible Local Law entitled"A Local Law in rela- a continuous period of 24 months shall warning sign concerning voltage must be tion to Amendments to Chanter 280.Zon- be deemed abandoned. At that time,the placed at the base of all pad-mounted in&to Permit Commercial Solar Energy owner of the commercial solar eneW transformers and substations. Production Systems as a Excep- production system or the owner of the (i)The system is designed and situated tion Use in the Light Industrial and Light property where the commercial solar en- to be compatible with the existing uses on Industrial Office Zones"and ergy production system is located shall adjacent and nearby properties NOTICE IS HEREBY FURTHER remove all components thereof within (j)In approving a special exception the GIVEN that the Town Board of the Town 90 days of such deemed abandonment or Planning Board may waive or modify any of Southold will hold a public hearing on will be in violation of this section In the of the above criteria if it finds that there is the aforesaid Local Law at Southold Town case of a commercial solar energy produc- no detriment to public health safetyand Hall, 53095 Main Road, Southold, New tion system onpreexisting structures this welfare. York,on the 6th day of May,2014,at 732 provision shall apply to the commercial (k) Any special exception approval p.m.at which time all interested persons solar energy production system only. If granted under this article shall have a term will be given an opportunity to be heard. the commercial solar energy production of twenty years, commencing from the The proposed Local Law entitled,"A system is not removed within said 90 grant of the special exception which may Local Law in relation to Amendments to days. the Building Inspectors may ive be extended for additional five-year terms. Chapter 280.Zoning,to Permit Commer- the owner notice that unless the removal upon application to the Planning Board sial Solar Energy Production Systems as a is accomplished within 30 days the Town (1)Decommissioning/Removal: Special Exception Use in the Light Indus- will cause the removal at the owner's ex- (i)Any commercial solar energy big] and and Light Industrial Office Zones" pense. All costs and expenses incurred duction system that is not operated for reads as follows: by the Town in connection with any pro- a continuous period'of 24 months shall LOCAL LAW NO. 2014 ceeding or any work done for the removal be deemed abandoned. At that time,the A Local Law entitled,"A Local Law of a commercial solar energy production owner of the commercial solar ener in relation to Amendments to Cha er system shall be assessed against the land production system or the owner of the 280.Zoning to Permit Commercial Solar on which such commercial solar enema property where the commercial solar en- EMM Production Systems as a SpcfW production system is located.and a state- ergy production system is located shat Exception Use in the Light Indushial and ment of such expenses shall be presented remove all components thereof within Light Industrial Office Zones". to the owner of the propea or if the 90 days of such deemed abandonment or BE IT ENACTED by the Town Board owner cannot be ascertained or located will be in violation of this section. In the of the Town of Southold as follows: then such statement shall be posted in a case of a commercial solar energyrp oduc- L Purpose. conspicuous place on the premises. Such tion system on preexisting structures,this It is the intention of the Town Board assessment shall be and constitute a lien provision shall =lly to the commercial of the Town of Southold as part of its goal upon such land.If the owner of the system solar energy production system only. If to limit dependence on imported fossil and the owner of the property upon which the commercial solar energy production energy,and decrease greenhouse gas emis- the system is located shall fail to pay such system is not removed within said 90 sions to permit commercial solar energy expenses within 10 days after the state- days the Building Inspectors may eive production systems with special excep- mentis presented or posted a legal action the owner notice that unless the removal tion approval in the Light Industrial and may be brought to collect such assessment is accomplished within 30 days the Town Light Industrial Office Zones to minimize or to foreclose such lien As an alternative will cause the removal at the owner's ex- impacts to residents and scenic viewsheds to the maintenance of any such action the Mnse. All costs and expenses incurred important to the community. Building Inspector may file a certificate of by the Town in connection with any pro- IL Chapter 280 of the Code of the Town the actual expenses incurred as aforesaidseeding or any work done for the removal of Southold is hereby amended as follows: together with a statement identifying the of a commercial solar energy production §280-4.Definitions. property in connection with which the system shall be assessed against the land Commercial Solar Energy Production expenses were incurred and the owner of on which such commercial solar enerev System—an arrangement or combination the system and the owner of the 12roperty production system is located,and a state- of components installed upon land that upon which the system is located with the ment of such expenses shall be presented utilize solar radiation to produce energy Assessors who shall,in the preparation to the owner of the property or if the designed d to provide electricity for on-site of the next assessment roll, assess such owner cannot be ascertained or located. or off-site use pursuant to a power 12ur- amount upon such VLQW Such amount then such statement shall be posted in a chase agreement. shall be included in the levy against such conspicuous place on the premises Such §280-58.Use regulation& property,shall constitute a lien and shall assessment shall be and constitute a hen R Uses permitted by special exception be collected and enforced in the same upon such land.If the owner of the system of the Board of Appeals The following manner,by the same proceedings at the and the owner of the VEpWgy upon which uses are permitted as a special excep- same time and under the same penalties as the system is located shall fail to pay such tion by the Board of Appeals as here- are provided by law for the collection and expenses within 10 days after the state- inafter provided, except subsection (Bl enforcement of real property taxes in the ment is presented or posted.a legal action (10) which may be permitted as a special Town of Southoldmay be brought to collect such assessment exception by the Planning Board.and all (ii)This section is enacted pursuant to or to foreclose such lien.As an alternative such special exception uses shall be wtd Section 10 of the Municipal Home Rule to the maintenance of any such action the subject to site plan approval by the Plan- Law to promote the public healthsafety Building Inspector may file a certificate of ning Board: and general welfare of Town citizens the actual expenses incurred as aforesaid. (10) Commercial Solar Energy Pro- through removal provisions to ensure the together with a statement identifying the duction System.subject to the following proper decommissioning of commercial property_in connection with which the criteria: solar enerU production systems within expenses were incurred and the owner of (a)The commercial solar energy Us- the entire Town. The removal reduction the system and the owner of the property tem shall not be on a parcel of less than provision of this chapter shall su ersede upon which the system is located,with the five[_51 acres any inconsistent portions of the Town Law Assessors who shall in the pmaration (b) All ground-mounted panels shall Section 64(5-a)and govern the subject of of the next assessment roll.assess such not exceed the heiaht of 8' removal of commercial solar energypro- - amount upon such property Such amount (c)All mechanical equipment of com- duction systems in this chapter. shall be included in the levy against such mercial solar energy system.including any §28042.Use regulations. propea shall constitute alien and shall structure for batteries or storagg cells,are B.Uses permitted by special exception be collected and enforced in the same completely enclosed by a minimum eight of the Board of Appeals The following manner,by the same proceedings.at the (8)foot high fence with a self-locking gate. uses are permitted as a special excep- same time and under the same penalties as (d) Notwithstanding any requirement tion by the Board of Appeals as here- are provided by law for the collection and in Section 280-59 of this Chapter,the total inafter provided, except subsection (B) enforcement of real property taxes in the surface area of all ground-mounted and (10),which may be permitted as a special Town of Southold. freestanding solar collectors including exception by the Planning Board,and all (ii)This section is enacted pursuant to solar photovoltaic cell&panels and arrays such special exception uses shall be emd Section 10 of the Municipal Home Rule shall not exceed 80% of the total parcel subject to site plan approval by the Plan- Law to promote the public health,safety area. ning Board: and general welfare of Town citizens (e) The installation of a vegetated (10) Commercial Solar Energy Pro- through removal provisions to ensure the perimeter buffer to provide year round duction System.subject to the following proper decommissioning of commercial screening of the system from adjacent criteria: solar energy production systems within properties (a)The commercial solar energysys- the entire Town. The removal reduction (f)All solar energy production systems tem shall not be on a parcel of less than provision of this chapter shall supersede are designed and located in order to pre- five j51 acres any inconsistent portions of the Town Law vent reflective glaze toward any habitable (bl All ground-mounted panels shall Section 64(5-a)and govern the subject of buildings as well as streets and rights-of- not exceed the heiaht of 8' removal of commercial solar energy w�a. (c)All mechanical equipment of com- duction systems in this chapter. (g)All on-site utility and transmission mercial solar energy system,including any §280.138.Fee schedule for site plan ap- lines are,in the extent feaaihlr Ano-1 nn- ctnirhire fnr hatterirc nr etnraae rellc ara nlirofin V � - CH . .. 14 /0LINSKI N0TARY )„1„s;..y ,;; , 0F NEW YORK _ , k County LEGAL NOTICE_ My CoMrr1jga,r1 i,,, raoruary 28, 2016 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN,there had been presented to the Town Board (1)Decomtnissio of the Town of Southold,Suffolk CountyP�m-°vim lines aye to the ea rent feasible nta�,„ New York,on the 8th day of April,2014,a (i)Any commercial cid r e de gro�,nd a n rev pro r Local Law en-tied--1 dd_�n system that u n°r for llla>t�l Law ip rely a continuous enod of 24 months shall K (h)The installation of a learly j j 'lily �ti�o�n to Amen mwatc to(`6 ... + Z n be deemed abandoned At that time the la d t h chase --"nglolttagemust be jug,to Pcrnllt COlmm�A+o�a-^-r3�L'nC v owner of the commercial solar ever °f �-Irad mounter+ Production Systems m XCeD owner on system transformers and substations mon Use m tt.. Light Industrial or the Owner of rhe (il The svcrem:�a — trial'a Light ro_ertv where the commercial solar en- signed and sir,a■ O industrial Office Zones”and e� production system is 1 &ted shall ad&cent and n l—with the eert existing uses on NOTICE IS HEREBY FURTHER remove all components thereof cosh GIVEN that the Town Board of the Town 90 days of such deemed ahan t ,ithinfi)In approving a special Pxce o the Of Southold will hold a public hearing on will be m violation or of this cern r , Planning Board may waive Or mF� n the aforesaid Local Law at Southold Town case of a Commercial solar s a of the above cntena if it finds that fY an_ Hall,53095 Main Road, Southold, New tion system o_ n pin eexsting structures this welfare. mere is tnm�nt to public health safety anti York,on the 6th day of May,2111 at 7:32 which 4. Provision n shall anQy to the comme sial Ik) Any special Zrantewill be yen an o e interested persons solar energy production system Tp tion�p royal Opportunity to be heard. the commercial solar ener roduction ofenunder rid e�t,T,s nnacle shall have a term The proposed Local Law entitled,°-A s mmencing from th. vstem is not removed within said r10 ant of the snenal e Local Law in relation to Amendments to da -- xeeption w_ 1u�ch may Chapter 280 Zoning to Per•n•t -zs tiie Building Inspectors may give bee ended for additional five near term sial Sohu•Energy the owner notice that unless the remov Production Svstn_s asa is accomplished withi _upon application to the plannin Board. ^ + oaf Exception iT.' the I.i ht find n 3u days th T (1)DCCfJITLmtsci°nine will dose the removal at the owner's ex- ./Removal teal and Light Industrial Offi p�nse. All costs and expenses incurred (i)Any commercial solar energy_ ro- reads as follows: duction system that is not operated for L CAL LAW NO by the Town in connect; a continuous period"of 24 months shall 2014 .villi any Orn A Local Law entitled,"A ceedm_g or any work done for therm i be deemed abandoned. At that t' on to AmemLmeat-y to Q�w of a commercial solar energyroducti n owner of the commercial sol e CltaptPr sLstem shall he assessed a air t rhe land nnlg to Permit Cu...mercial S'otnr on which such commercial solar en r -OW i where the commercial solar eion s S em Q-r the owner of the E-tiet¢�' 1, on SLi t I ac>a e al production svcrem Exception Use rp the Light imla.stri i a is located and a state- e� prpduct,nn --___ merit of such expenses shall tiOn system is luted shall Light flr E aAl OgiceTED y pas,. be presented remove aU components thereof within BE TT ENACTED b to the owner be the rtamed- or c the 90 days of such deemed abandonment y the Town Board owner cannot be ascertained or located of the Town of Southold as follows: then s�!ch statement shall be osted in a �be m violation of this section. In the L Purpose conspicuous place on the premjses Cnrh case of a commercial solar energy nrcvinr It is the intention of the Town Board assessment shall be and constitute alien ti ovis on shall applrn on v�to the commercial ^tures this of the Town of Southold as part of its goal uDOn such land.If the owner° to limit dependence on imported fossil and the owner of the property f the s==gem solar energy production system only, rc energy,and decrease greenhouse gas emir- the system is located shall fail to pay such mcn the commercial solar energy nrod„rr sions to permit commercial solar energy expenses with,n to days after the state- system is not removed within said 90 ion Production systems with s days the Buil y 'ver pedal excep ment is presented or poste ldmg Insne�tnrc ma tion approval in the Light Industrial and may brought to coLerr d a legal action the owner notice that unless the removal Light Industrial Office Zones to minimise h assessment is accomplished within 30 days the Town Or to foreclose such lien As an alternative will cause the removal at the owner's ex impacts to residents and scenic viewsheds to the tnamtenancr important to the community. Buil of any such action the sense. All costs and expenses incurred ding Inspector mayfile awe of by Town in connection with any Orn IL Chapter 280 of the Code of the Town the actual expenses incurred as aforesaid of Southold is hereby amended as follows: together with a statement fide ceechng°r any work done for the removal §21311-4•Definition& ntLfii^F the of a commercial solar energy roduction Commercial Solar Ener Production oro rtv m connection with which the s stem shall be assessed a &lost x nses were mrnrre i a a«,_ the land System-an arra noeme +or c owr,er of on which such commercial solar ener ..ombinatjnn the system and the owner of the ro ertv components installed u n land that �o� production system is located andstate- Of Po upon which the svcrem is locatedwith the ment of such expenses shall be presented utilize solar radiation to produce energy A domed to provide electricity for nn s'r sots who shall M the pre aration �_ to the owner of the PEQRga or if the of the next assessment rollassess such owner cannot be ascertained or located or off-site use pursuant to a Dower nor amount upon such ro chase agreement P o Such amount then such statement shall be osted in a §280-58.Use shall be included in the low aoamsr t regulations ro rtv shall constitute a lien and shall con assessment place on the premises Such B.Uses permitted by special exception be collected and enforced in the carne noon such land If the ownebe and r constitute ut system Of the Board of Appeals The following manner by the same orocee uses are pe p at the and tiro owner of the oronerty upon which Permitted as a s tial exce same tone and under theca a penalties as tion by the Board of Appeals as here- are nrovtded bylaw for the cel me system is located shall fail to pay such inafter provided, except subsection (Bl enforcement of real r lection and uses within 10 clave aft, the tate (10)T which may be oemutted as a special Town of Southold � s in the ment is presented or posted a legal action excejEtion by the Plan maybe brought to collect$uch assessment ping Board,a^.d ujj (iiln 1 section is enacted pursuant to or to foreclose such lien.As an allative such special exception aces shall be ---and Section 10 of the Municipal Home Rule to a maintenance subject Board: site plan approval by the Plan- Law to rrromote the public hP or of any such action.the ping Board: alth safety ' Building Tn pest (101 r� and_ger-ae-al welfare of Tn or may file a certificate d, m^,ercial Col r Ener ��e^� the actual a rises intoned as aforesaid gY P through removal provis;pnS to ensure the duction System_s,b:rt to rhe followin ro r decoinilrigsionjng Of together with a statement identifn_ng the c e — commercial r�OMM in connection with which the d the owner of (a)iflie_sn solar energy production sy tems within ii>m_erri sola enerw the entire Town. The remov- al reduction th se se ystem and the owernof the pro ertv shall not be on a parcel of less than Dtovision of this chapter-shall supersede non which the s .rP.n,s located five 151 acrg,� any ipconsistent pprtions of the me--W-orated.with the (b) All grnupd-mnunrefi i ti eTown Iaw Assessors who shall in the preparation not exce Section 64(5-a and govern the subject of ed a height�f8, removal of commercial solar ener 1O_ °fe next assessment rollassess such (c)All meehaniral augment of m duction systems in this r amount u n such ro Such amount mer solar ener s_tee. : ,hapter. shall be Included in the le against such —BEY ys..,L..including any §2�-62. Use tegnlatiou& WHOM for batten r storage col are B.Uses r�rh:shall constitute a lien and shall permitted b s QQ=1e ely encloses by a..,:..:_.._ Y pedal exception be collected and enforced in the same f81 foot high fent -=Ci nr of the Board of Appeals. The followin e with a self locking gate uses are permitted as a s g manner,by the same p'Oceedin sP at the (d) Notwrthstandmg any red,irement tion by the Board of Appealsi ashere- sae a�e and under the same penalties as in Section 280-59 of thicollection nA s Chapter the total inafter provided, except subsection (B) enforcement of real ovideu law f�o ere taxes in the surface area of all U whjch may be permjtte frees dm ground-mounted and —d as a s ecial Town of Southold tri g solar collectors incl eXeeyuun by the PlanningBo solar photovoltaic ce 12anelc and arrays such special exception uses azll and all fhl This section is enacted pursuant re shall not exceed 80% of the totahall l Section 10 of the Munici al Home Rule pa=cel subject to site plan approval by the Plan- Law to promote the public area. Plan- ning Board: health safer, le) The installation of a ye etared (10) Commerr al e , ana-general welfare of Town rir' perimeter buffer to zens r vide year rn„nrl r nerve Pr throug removal provisions to ensure the screening of the s stera fr du do System subject to the following rQgper deco om adjacent mmjssionin of commercial pro (a)The tom solar energy production systems with. ff)All solar energy production c st m Comm-gr 1 solar the entire Town. The removal reduction -- _ teem shall not on a parcel of l�sa than provision of this chapter shall are designed and located in order to re fiv supersede vent reflective glaze toward any habi habitable �) acres an mconsistent portions of the Town Law buil ----� Ibl All ground-in ,nrP.t pane awl Section 64(5-a)and govern the s bier•. _ dings as well as streets and ri titsway. -of_ not ex d the height of 8, �,��a�l (c) 1 meth mr removal of commercial solar ener ro- W All on-site utility and transmission All l eAuipment of cpm duction systems in this chapter. ---�_ mercial solar net s em_including any §280-138.Fee schedule for site plan ap- lines are_to the extent feasible placed un structure for batter are derground. or torage en plications. (h)The installation of a clearly visihle completely enrle�mini—urn eight D.The fee for new site lana lica- f8)foot nigh fence with a self-locking warning Sim m.concerning voltap,e inust be fd) Notwiths a a` • tions for commercial solar ener roduc- cli^g Y re qua tion systems pursuant to 4280-58(B)(10) iced at the base of all ad-adin Section 280 63 of rt,ic_ transformers and substations Chapter.th r°rat and 6280 62(B)(101 shall be flat eee f fi)The syste_ surface area n unted and $3.000.00 and the fe m is desi ed and situated m e for an amend + -- f eestand,no s�,tar collPrtO,r i + to a site lana hcahon for commercial to be compatible with the existin Oce solar Photovoltaic cells. adjacent and nearby oro ernes - pa^el an arrays soles production system t, n r ----�-P-- shall not exceed 80-0 of the total ar el 2000.00. (i)In aporov ng a special exception the area. Planning Board may waive or modify any (e) The installation of a )II.SEVERABILUY Of the above Mien if it find that there is vegetated If any clause,sentence,paragraph,see- no detriment to public health safety and ep_nmeter buffer o providd ear tong i tion,or part of this Local Law shall be ad- welfare. screening of the system from adjacent judged by any court of competent jurisdic- (k) Any special exception a royal pro erties tion to be invalid,the judgment P-Q.— W All solar energy production systems affect the validity of this law as a whole granted under this article shall have a term are designed and located in or of twenty years coming vent reflective late row a der to Le or an ricin from +j, � y part thereof other than the part so rant of the special exception.which ma, any habitable decided to be unconstitutional or invalid. Of- be extended foradditional five- tare e�rmts wa�n as well as streets and ri tits-of_ IV;EFFECTIVE DATE upon application to the Plannin R d This Local Law shall take effect imme_ (g)All on-site utility and trans fission diatelv upon filing with the Secretary of State as provided by law. Dated:April 8,2014 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A.Neville 11656-174/24 Town Clerk STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the /- day of 19 F PQ /L , 2014, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: PH Solar Energy 5-6-14 y G lizabeth A. Neville Southold Town Clerk Sworn before me this y day of , 2014. Notar Public LINDA J COOPDR NOTARY PURL!C, St,9`^ of h!n ,Y-' N0. 01Cn�o fi3, c RECEIVED MAY 1 Southold Town Clerk MEMORANDUM To: • From: Scott A. Russell, Supervisor Date: April 30, 2014 Re: SEQR Lead Agency Request Coordinated Review under SEQR The purpose of this request is to seek comments from your agency. Please provide the following, as applicable: 1. Comments or requirements the Planning Board should take into consideration while reviewing the proposed project;` • 2. Issues of concern you believe should be evaluated; 3. Your jurisdiction in the action described below; and 4. Your interest in assuming the responsibilities of lead agency under SEQR (If Applicable). The lead agency will determine the need for an Environmental Impact Statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. The following page contains information pertaining to the project under review. For further information, please feel free to contact this office. y / Planning Board Position: _ (x) This agency (Southold Town Board) wishes to assume le, action. ( ) This agency has no objection to your agency assuming le action. ( ) Other (see comments below) Comments: The Town of Southold is proposing to amend Chapter 280, Zoning of the Southold Town Code, to include a local law to allow Commercial Solar Energy Production Systems in the Light Industrial (LI) and Light Industrial Park (LIO) Zoning Districts. Project Name: "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" Address: Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Requested Action: Coordination for Lead Agency Coordinated Review pursuant to SEQR SEQRA Classification: (X ) Type I ( ) Type II ( ) Unlisted Contact Person: Mark Terry, Principal Planner/Martin Finnegan, Esq., Town Attorney (631) 765-1938 (631)765-1939 Enclosures: • Environmental Assessment Form • Local Law re- , "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" 2 April 30, 2014 LA Request re: Solar LL Sent To: Kimberly Kennedy Mark Wolfgang Suffolk County Water Authority NYS Dept. of Transportation 4060 Sunrise Highway 250 Veterans Memorial Highway Oakdale, NY 11769 Hauppauge, NY 11788 Sheri Aicher NYS Dept. of Environmental Conservation Federal Aviation Administration Bldg. 40 — SUNY Room 219 Eastern Regional Office Stony Brook, NY 11790 1 Aviation Plaza Jamaica, NY 11434-4809 Suffolk County Dept. of Public Works Kimberly Shaw • 335 Yaphank Avenue Suffolk County Dept. of Health Services Yaphank, NY 11980 Office of Ecology 360 Yaphank Road Yaphank, NY 11980 U.S. Fish &Wildlife Services Andrew Freleng NE Region 5 Suffolk County Planning Commission 340 Smith Road P.O. Box 6100 Shirley, NY 11967 100 Veterans Memorial Highway H. Lee Dennison Building —4th Floor Hauppauge, NY 11788-0099 RESOLUTION 2014-324 ADOPTED DOC ID: 9682 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-324 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 8,2014: WHEREAS,there has been resented to the Town Board of the Town of Southold, Suffolk County,New York, on the 81 day of April, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones"now,therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 6th day of May,2014, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intention of the Town Board of the Town of Southold as part of its goal to limit dependence on imported fossil energy, and decrease greenhouse gas emissions to permit commercial solar energy production systems with special exception approval in the Light Industrial and Light Industrial Office Zones to minimize impacts to residents and scenic viewsheds important to the community. • II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. Commercial Solar Energy Production System—an arrangement or combination of components installed upon land that utilize solar radiation to produce energy designed to provide electricity for on-site or off-site use pursuant to a power purchase agreement §280-58. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except subsection (B)(10) which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be and subject to site plan approval by the Planning Board: Resolution 2014-324 Board Meeting of April 8, 2014 (10) Commercial Solar Energy Production System, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five L1 acres. (b) All ground-mounted panels shall not exceed the height of 8' (c) All mechanical equipment of commercial solar energy system, including any structure for batteries or storage cells, are completely enclosed by a minimum eight (8) foot high fence with a self-locking gate. (d) Notwithstanding any requirement in Section 280-59 of this Chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (e) The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent properties. (f) All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of- way. (g) All on-site utility and transmission lines are, to the extent feasible, placed underground. (h) The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (i) The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties. (i) In approving a special exception the Planning Board may waive or modify any the above criteria if it finds that there is no detriment to public health safety and welfare. (k) Any pecial exception approval granted under this article shall have a term of twenty years, commencing from the grant of the special exception which may be extended for additional five-year terms upon application to the Planning Board. (1) Decommissioning/Removal: (i) Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of Updated: 4/10/2014 1:19 PM by Lynne Krauza Page 2 Resolution 2014-324 Board Meeting of April 8, 2014 a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. (ii) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal of commercial solar energy production systems in this chapter. §280-62. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except subsection (B)(I0), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be and subject to site plan approval by the Planning Board: (10) Commercial Solar Energy Production System, subject to the following criteria: Updated: 4/10/2014 1:19 PM by Lynne Krauza Page 3 Resolution 2014-324 Board Meeting of April 8, 2014 (a) The commercial solar energy system shall not be on a parcel of less than five f 51 acres. (b) All ground-mounted panels shall not exceed the height of 8' (c) All mechanical equipment of commercial solar energy system, including any structure for batteries or storage cells, are completely enclosed by a minimum eight (8) foot high fence with a self-locking gate. (d) Notwithstanding any requirement in Section 280-63 of this Chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (e) The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent properties. (fAll solar energy production systems are designed and located in order to prevent reflective glare toward M habitable buildings as well as streets and rights-of- way. (g) All on-site utility and transmission lines are, to the extent feasible,placed underground. (h) The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (i) The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties. (j) In approving a special exception, the Planning Board may waive or modifyany of the above criteria if it finds that there is no detriment to public health, safety and welfare. (k) Any special exception approval granted under this article shall have a term of twenty years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (1) Decommissioning/Removal: (i) Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production Updated: 4/10/2014 1:19 PM by Lynne Krauza Page 4 Resolution 2014-324 Board Meeting of April 8, 2014 system only. If the commercial solar energy production system is not removed within said 90 days the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceedingor r any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and . the owner of the property upon which the system is located, with the Assessors who shall in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the lew against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. (ii) This section is enacted pursuant to Section 10 of the Municipal Home_ Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and • govern the subject of removal of commercial solar energy production systems in this chapter. §280-138. Fee schedule for site plan applications. D. The fee for new site plan applications for commercial solar energy production systems pursuant to §280-58(B)(10) and §280-62(B)(10) shall be a flat fee of$3,000.00 and the fee for an amendment to a site plan application for commercial solar energy production systems shall be $2,000.00. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Updated: 4/10/2014 1:19 PM by Lynne Krauza Page 5 Resolution 2014-324 Board Meeting of April 8, 2014 IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 0��(4?,nZ,e�j Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell • Updated: 4/10/2014 1:19 PM by Lynne Krauza Page 6 Full Environmental Assessment Form Part 1 -Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information; indicate whether missing information does not exist, or is not reasonably available to the sponsor;and,when possible,generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A&B. In Sections C,D&E,most items contain an initial question that must be answered either"Yes"or"No". If the answer to the initial question is"Yes",complete the sub-questions that follow. If the answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the project sponsor to verify that the information contained in Part 1 is accurate and complete. A.Project and Sponsor Information. Name of Action or Project: A Local Law in relation to Amendments to Chapter 280,Zoning,to Permit Commercial Solar Energy Production Systems Project Location(describe,and attach a general location map): Town of Southold Brief Description of Proposed Action(include purpose or need): The purpose of the "A Local Law in relation to Amendments to Chapter 280,Zoning,to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones"is to expand renewable energy uses in the Town of Southold. The Town has adopted goals to broaden the opportunities for renewable energy in Town.The goals and objectives follow: 7.2.Expand renewable energy opportunities that provide direct benefit to citizens,while ensuring quality of life. 7.2.1. Amend the Town Code to allow commercial renewable solar energy power generation projects. 7.2.2. Capitalize on Long Island Power Authority's Clean Solar Initiative Feed-In Tariff(FIT),New York State's Solar Tax Credit and Federal Tax Incentive Currently,both the LI and LIO zoning districts allow public utility structures and uses by Special Exception review by the Zoning Board of Appeals but do not allow private,commercial,generation of energy. Name of Applicant/Sponsor: Telephone:631-765-1939 Town of Southold Town Board E-Mail: Address:54375 State Route 25 City/PO:Box 1179 State:New York Zip Code:11971 . Project Contact(if not same as sponsor;give name and title/role): Telephone: Same E-Mail: Address: City/PO: State: Zip Code: Property Owner (if not same as sponsor): Telephone: NA E-Mail: Address: City/PO: _T State: Zip Code: Page 1 of 13 B.Government Approvals B.Government Approvals,Funding,or Sponsorship. ("Funding"includes grants,loans,tax relief,and any other forms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Application Date Required (Actual or projected) a.City Council,Town Board, ®Yes❑No Town Board or Village Board of Trustees b.City,Town or Village ❑Yes®No Planning Board or Commission c.City Council,Town or ❑Yes®No Village Zoning Board of Appeals d.Other local agencies ❑Yes®No e.County agencies ❑Yes®No f. Regional agencies ❑Yes®No g.State agencies ®Yes❑No New York Department of State h.Federal agencies ❑Yes®No i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? ❑Yes®No ii. is the project site located in a community with an approved Local Waterfront Revitalization Program? ®Yes❑No iii. Is the project site within a Coastal Erosion Hazard Area? ❑Yes®No C.Planning and Zoning C.I.Planning and zoning actions. Will administrative or legislative adoption,or amendment of a plan,local law,ordinance,rule or regulation be the ®Yes❑No only approval(s)which must be granted to enable the proposed action to proceed? • If Yes,complete sections C,F and G. • If No,proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2.Adopted land use plans. a.Do any municipally-adopted (city,town,village or county)comprehensive land use plan(s) include the site ®Yes❑No where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action ❑Yes®No would be located? • b.Is the site of the proposed action within any local or regional special planning district(for example: Greenway ❑Yes®No Brownfield Opportunity Area(BOA);designated State or Federal heritage area;watershed management plan; or other?) If Yes, identify the plan(s): c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ®Yes❑No or an adopted municipal farmland protection plan? If Yes,identify the plan(s): The proposed action includes parcels included within the Community Preservation Plan(CPP) The CPP identifies how the Town intends to preserve or protect farmland and open space properties that are integral to the unique community character of Southold. Page 2 of 13 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ®Yes❑No If Yes,what is the zoning classification(s)including any applicable overlay district? The action proposes to add a Commercial Solar Energy Production Systems use in the Light Industrial(LI)and Light Industrial Office/Park(LIO)zoning districts. b. Is the use permitted or allowed by a special or conditional use permit? ®Yes❑No c.Is a zoning change requested as part of the proposed action? ®Yes❑No If Yes, i. What is the proposed new zoning for the site?Proposed action adds Commercial Solar Energy Production Systems use to the LI and LIO zone CA.Existing community services. a.In what school district is the project site located? NA b.What police or other public protection forces serve the project site? Town of Southold and New York State Police Departments c.Which fire protection and emergency medical services serve the project site? East Marion Fire District Greenport Fire District Southold Fire District Cutchogue Fire District Mattituck Fire District d.What parks serve the project site? NA D.Project Details D.I.Proposed and Potential Development a.What is the general nature of the proposed action(e.g.,residential,industrial,commercial,recreational;if mixed,include all components)? The current uses in the LI and LIO zone districts include agriculture,commercial,industrial and residential uses. b.a.Total acreage of the site of the proposed action? 220.55 acres b.Total acreage to be physically disturbed? NA acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 78.22 acres c.Is the proposed action an expansion of an existing project or use? ❑Yes®No i. If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g.,acres,miles,housing units, square feet)? % Units: d.Is the proposed action a subdivision,or does it include a subdivision? ❑Yes Olo If Yes, L Purpose or type of subdivision?(e.g.,residential,industrial,commercial;if mixed,specify types) • ii. Is a cluster/conservation layout proposed? ❑Yes ONo iii. Number of lots proposed? J v. Minimum and maximum proposed lot sizes? Minimum Maximum e. Will proposed action be constructed in multiple phases? ❑Yes®No i. If No,anticipated period of construction: months ii. If Yes: • Total number of phases anticipated • Anticipated commencement date of phase l (including demolition) month year • Anticipated completion date of final phase month _year • Generally describe connections or relationships among phases,including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 f.Does the project include new residential uses? ❑Yes®No If Yes,show numbers of units proposed. One Family Two Family Three Family Multiple Family four or more Initial Phase At completion of all phases g.Does the proposed action include new non-residential construction(including expansions)? ❑Yes®No If Yes, i.Total number of structures ii. Dimensions(in feet)of largest proposed structure: height; width; and length iii. Approximate extent of building space to be heated or cooled: square feet h.Does the proposed action include construction or other activities that will result in the impoundment of any ❑Yes®No liquids,such as creation of a water supply,reservoir,pond,lake,waste lagoon or other storage? If Yes, i. Purpose of the impoundment: ii. If a water impoundment,the principal source of the water: ❑Ground water❑Surface water streams ❑Other specify: iii. If other than water,identify the type of impounded/contained liquids and their source. iv. Approximate size of the proposed impoundment. Volume: million gallons;surface area: acres v. Dimensions of the proposed dam or impounding structure: height; length vi. Construction method/materials for the proposed dam or impounding structure(e.g.,earth fill,rock,wood,concrete): • D.2. Project Operations a.Does the proposed action include any excavation,mining,or dredging,during construction,operations,or both? E]Yes®No (Not including general site preparation,grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i.What is the purpose of the excavation or dredging? ii. How much material(including rock,earth,sediments,etc.)is proposed to be removed from the site? • Volume(specify tons or cubic yards): • Over what duration of time? iii. Describe nature and characteristics of materials to be excavated or dredged,and plans to use,manage or dispose of them. iv. Will there be onsite dewatering or processing of excavated materials? Yes No If yes,describe. v. What is the total area to be dredged or excavated? acres vi. What is the maximum area to be worked at any one time? acres vii. What would be the maximum depth of excavation or dredging? feet viii. Will the excavation require blasting? ❑Yes®No ix. Summarize site reclamation goals and plan: b.Would the proposed action cause or result in alteration of,increase or decrease in size of,or encroachment Yes®No into any existing wetland,waterbody,shoreline,beach or adjacent area? If Yes: L Identify the wetland or waterbody which would be affected(by name,water index number,wetland map number or geographic description): Page 4 of 13 ii. Describe how the proposed action would affect that waterbody or wetland,e.g.excavation,fill,placement of structures,or alteration of channels,banks and shorelines. Indicate extent of activities,alterations and additions in square feet or acres: iii. Will proposed action cause or result in disturbance to bottom sediments? ❑Yes®No If Yes,describe: iv. Will proposed action cause or result in the destruction or removal of aquatic vegetation? ❑Yes®No If Yes: • acres of aquatic vegetation proposed to be removed: • expected acreage of aquatic vegetation remaining after project completion: • purpose of proposed removal(e.g.beach clearing,invasive species control,boat access): • proposed method of plant removal: • if chemical/herbicide treatment will be used,specify product(s): v. Describe any proposed reclamation/mitigation following disturbance: c.Will the proposed action use,or create a new demand for water? ❑Yes01�o If Yes: i. Total anticipated water usage/demand per day: gallons/day ii. Will the proposed action obtain water from an existing public water supply? ❑Yes❑No If Yes: • Name of district or service area: • • Does the existing public water supply have capacity to serve the proposal? ❑Yes❑No • Is the project site in the existing district? ❑Yes❑No • Is expansion of the district needed? ❑Yes❑No • Do existing lines serve the project site? ❑Yes❑No W. Will line extension within an existing district be necessary to supply the project? ❑YesE]No If Yes: • Describe extensions or capacity expansions proposed to serve this project: • Source(s)of supply for the district: iv. Is a new water supply district or service area proposed to be formed to serve the project site? ❑Yes❑No If,Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • Proposed source(s)of supply for new district: v. If a public water supply will not be used,describe plans to provide water supply for the project: vi. If water supply will be from wells(public or private),maximum pumping capacity: gallons/minute. • d. Will the proposed action generate liquid wastes? ❑Yes®No If Yes: i. Total anticipated liquid waste generation per day: gallons/day ii. Nature of liquid wastes to be generated(e.g.,sanitary wastewater, industrial; if combination,describe all components and approximate volumes or proportions of each): iii. Will the proposed action use any existing public wastewater treatment facilities? ❑Yes❑No If Yes: • Name of wastewater treatment plant to be used: • Name of district: • Does the existing wastewater treatment plant have capacity to serve the project? ❑Yes❑No • Is the project site in the existing district? ❑Yes❑No • Is expansion of the district needed? ❑Yes❑No Page 5 of 13 • Do existing sewer lines serve the project site? ❑Yes❑No • Will line extension within an existing district be necessary to serve the project? ❑Yes❑No If Yes: • Describe extensions or capacity expansions proposed to serve this project: iv. Will a new wastewater(sewage)treatment district be formed to serve the project site? ❑Yes®No If Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • What is the receiving water for the wastewater discharge? v. If public facilities will not be used,describe plans to provide wastewater treatment for the project,including specifying proposed receiving water(name and classification if surface discharge,or describe subsurface disposal plans): vi. Describe any plans or designs to capture,recycle or reuse liquid waste: e. Will the proposed action disturb more than one acre and create stormwater runoff,either from new point ❑Yes®No sources(i.e.ditches,pipes,swales,curbs,gutters or other concentrated flows of stormwater)or non-point source(i.e.sheet flow)during construction or post construction? If Yes: i. How much impervious surface will the project create in relation to total size of project parcel? Square feet or acres(impervious surface) • Square feet or acres(parcel size) ii. Describe types of new point sources. W. Where will the stormwater runoff be directed(i.e.on-site stormwater management facility/structures,adjacent properties, groundwater,on-site surface water or off-site surface waters)? • If to surface waters,identify receiving water bodies or wetlands: • Will stormwater runoff flow to adjacent properties? ❑Yes❑No iv. Does proposed plan minimize impervious surfaces,use pervious materials or collect and re-use stormwater? ❑Yes❑No f. Does the proposed action include,or will it use on-site,one or more sources of air emissions,including fuel ❑Yes®No combustion,waste incineration,or other processes or operations? If Yes, identify: i.Mobile sources during project operations(e.g.,heavy equipment,fleet or delivery vehicles) ii. Stationary sources during construction(e.g.,power generation,structural heating,batch plant,crushers) • iii. Stationary sources during operations(e.g.,process emissions,large boilers,electric generation) g.Will any air emission sources named in D.2.f(above),require a NY State Air Registration,Air Facility Permit, ❑Yes®No or Federal Clean Air Act Title IV or Title V Permit? If Yes: L Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet ❑Yes®No ambient air quality standards for all or some parts of the year) ii. In addition to emissions as calculated in the application,the project will generate: • Tons/year(short tons)of Carbon Dioxide(CO2) • Tons/year(short tons)of Nitrous Oxide(N20) • Tons/year(short tons)of Perfluorocarbons(PFCs) • Tons/year(short tons)of Sulfur Hexafluoride(SFS) • Tons/year(short tons)of Carbon Dioxide equivalent of Hydroflourocarbons(HFCs) • Tons/year(short tons)of Hazardous Air Pollutants(HAPS) Page 6 of 13 h.Will the proposed action generate or emit methane(including,but not limited to,sewage treatment plants, ❑Yes®No landfills,composting facilities)? If Yes: i. Estimate methane generation in tons/year(metric): ii.Describe any methane capture,control or elimination measures included in project design(e.g.,combustion to generate heat or electricity,flaring): i.Will the proposed action result in the release of air pollutants from open-air operations or processes,such as ❑Yes®No quarry or landfill operations? If Yes:Describe operations and nature of emissions(e.g.,diesel exhaust,rock particulates/dust): j. Will the proposed action result in a substantial increase in traffic above present levels or generate substantial ❑Yes®No new demand for transportation facilities or services? If Yes: i. When is the peak traffic expected(Check all that apply): ❑Morning ❑Evening []Weekend ❑Randomly between hours of to ii. For commercial activities only,projected number of semi-trailer truck trips/day: iii. Parking spaces: Existing Proposed Net increase/decrease iv. Does the proposed action include any shared use parking? ❑Yes❑No v. If the proposed action includes any modification of existing roads,creation of new roads or change in existing access,describe: • vi. Are public/private transportation service(s)or facilities available within 1/2 mile of the proposed site? ❑Yes❑No vii Will the proposed action include access to public transportation or accommodations for use of hybrid,electric ❑Yes❑No or other alternative fueled vehicles? viii.Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing ❑Yes❑No pedestrian or bicycle routes? k.Will the proposed action(for commercial or industrial projects only)generate new or additional demand ❑Yes®No for energy? If Yes: L Estimate annual electricity demand during operation of the proposed action: ii. Anticipated sources/suppliers of electricity for the project(e.g.,on-site combustion,on-site renewable,via grid/local utility,or other): iii. Will the proposed action require a new,or an upgrade to,an existing substation? ❑Yes®No 1.Hours of operation. Answer all items which apply. L During Construction: ii. During Operations: • Monday-Friday: • Monday-Friday: • Saturday: • Saturday: • Sunday: • Sunday: • Holidays: • Holidays: Page 7 of 13 m. Will the proposed action produce noise that will exceed existing ambient noise levels during construction, El Yes mNo operation,or both? If yes: i. Provide details including sources,time of day and duration: ii. Will proposed action remove existing natural barriers that could act as a noise barrier or screen? ❑YesONo Describe: n.. Will the proposed action have outdoor lighting? ❑YesmNo If yes: i. Describe source(s),location(s),height of fixture(s),direction/aim,and proximity to nearest occupied structures: ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? ❑Yes mNo Describe: o. Does the proposed action have the potential to produce odors for more than one hour per day? ❑Yes mNo If Yes,describe possible sources,potential frequency and duration of odor emissions,and proximity to nearest occupied structures: p.Will the proposed action include any bulk storage of petroleum(combined capacity of over 1,100 gallons) ❑Yes mNo or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i. Product(s)to be stored ii. Volume(s) per unit time (e.g.,month,year) iii. Generally describe proposed storage facilities: q.Will the proposed action(commercial,industrial and recreational projects only)use pesticides(i.e.,herbicides, ❑Yes mNo insecticides)during construction or operation? If Yes: i. Describe proposed treatment(s): H. Will the proposed action use Integrated Pest Management Practices? ❑ Yes ❑No r.Will the proposed action(commercial or industrial projects only)involve or require the management or disposal ❑ Yes mNo of solid waste(excluding hazardous materials)? If Yes: • i. Describe any solid waste(s)to be generated during construction or operation of the facility: • Construction: tons per (unit of time) • Operation : tons per (unit of time) ii. Describe any proposals for on-site minimization,recycling or reuse of materials to avoid disposal as solid waste: • Construction: • Operation: iii. Proposed disposal methods/facilities for solid waste generated on-site: • Construction: • Operation: Page 8 of 13 s. Does the proposed action include construction or modification of a solid waste management facility? ❑Yes® No If Yes: i. Type of management or handling of waste proposed for the site(e.g.,recycling or transfer station,composting,landfill,or other disposal activities): ii. Anticipated rate of disposal/processing: • Tons/month,if transfer or other non-combustion/thermal treatment,or • Tons/hour,if combustion or thermal treatment iii. If landfill,anticipated site life: years t.Will proposed action at the site involve the commercial generation,treatment,storage,or disposal of hazardous ❑Yes®No waste? If Yes: i.Name(s)of all hazardous wastes or constituents to be generated,handled or managed at facility: ii. Generally describe processes or activities involving hazardous wastes or constituents: iii.Specify amount to be handled or generated tons/month iv. Describe any proposals for on-site minimization,recycling or reuse of hazardous constituents: v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? 0YesLJNo If Yes:provide name and location of facility: If No:describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: E.Site and Setting of Proposed Action E.I.Land uses on and surrounding the project site a.Existing land uses. i. Check all uses that occur on,adjoining and near the project site. ® Urban ® Industrial ® Commercial ® Residential(suburban) ® Rural(non-farm) ❑ Forest ® Agriculture ❑ Aquatic ® Other(specify):Town Landfill ii. If mix of uses,generally describe: b.Land uses and covertypes on the project site. Land use or Current Acreage After Change Covertype Acreage Project Completion (Acres+/-) • Roads,buildings,and other paved or impervious surfaces NA NA NA • Forested 0 0 0 • Meadows,grasslands or brushlands(non- agricultural,including abandoned agricultural) 5.88 5.88 0 • Agricultural 86.2 86.2 0 (includes active orchards,field,greenhouse etc.) • Surface water features (lakes,ponds,streams,rivers,etc.) NA NA NA • Wetlands(freshwater or tidal) NA NA NA • Non-vegetated(bare rock,earth or fill) NA NA NA • Other Describe:Town Landfill 78.22 78.22 0 Page 9 of 13 c. Is the project site presently used by members of the community for public recreation? ❑Yes❑✓ No i. If Yes: explain: d.Are there any facilities serving children,the elderly,people with disabilities(e.g.,schools,hospitals,licensed ❑Yes®No day care centers,or group homes)within 1500 feet of the project site? If Yes, i. Identify Facilities: e.Does the project site contain an existing dam? ❑Yes®No If Yes: i. Dimensions of the dam and impoundment: • Dam height: feet • Dam length: feet • Surface area: acres • Volume impounded: gallons OR acre-feet U. Dam's existing hazard classification: W. Provide date and summarize results of last inspection: f.Has the project site ever been used as a municipal,commercial or industrial solid waste management facility, ❑Yes®No or does the project site adjoin property which is now,or was at one time,used as a solid waste management facility? If Yes: L Has the facility been formally closed? El Yes[]No • If yes,cite sources/documentation: ii. Describe the location of the project site relative to the boundaries of the solid waste management facility: W. Describe any development constraints due to the prior solid waste activities: g.Have hazardous wastes been generated,treated and/or disposed of at the site,or does the project site adjoin ❑Yes®No property which is now or was at one time used to commercially treat,store and/or dispose of hazardous waste? If Yes: i. Describe waste(s)handled and waste management activities,including approximate time when activities occurred: h. Potential contamination history. Has there been a reported spill at the proposed project site,or have any ❑Yes® No remedial actions been conducted at or adjacent to the proposed site? If Yes: L Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ❑Yes❑No Remediation database? Check all that apply: ❑ Yes—Spills Incidents database Provide DEC ID number(s): ❑ Yes—Environmental Site Remediation database Provide DEC ID number(s): ❑ Neither database ii. If site has been subject of RCRA corrective activities,describe control measures: iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? ❑Yes®No If yes,provide DEC ID number(s): iv. If yes to(i),(ii)or(iii)above,describe current status ofsite(s): Page 10 of 13 V. Is the project site subject to an institutional control limiting property uses? ❑Yes®No • If yes,DEC site ID number: • Describe the type of institutional control(e.g.,deed restriction or easement): • Describe any use limitations: • Describe any engineering controls: • Will the project affect the institutional or engineering controls in place? ❑Yes❑No • Explain: E.2. Natural Resources On or Near Project Site a.What is the average depth to bedrock on the project site? NA feet b.Are there bedrock outcroppings on the project site? ❑Yes®No If Yes,what proportion of the site is comprised of bedrock outcroppings? % c.Predominant soil type(s)present on project site: NA % NA % NA % d. What is the average depth to the water table on the project site? Average: NA feet e. Drainage status of project site soils:❑ Well Drained: NA%of site ❑ Moderately Well Drained: NA%of site ❑ Poorly Drained NA%of site f.Approximate proportion of proposed action site with slopes: ❑ 0-10%: NA %of site ❑ 10-15%: NA %of site ❑ 15%or greater: NA %of site g.Are there any unique geologic features on the project site? Yes®No If Yes,describe: h.Surface water features. i. Does any portion of the project site contain wetlands or other waterbodies(including streams,rivers, ❑Yes®No ponds or lakes)? ii. Do any wetlands or other waterbodies adjoin the project site? ❑Yes®No If Yes to either i or ii,continue. If No,skip to E.2.i. iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, ❑Yes®No state or local agency? iv. For each identified regulated wetland and waterbody on the project site,provide the following information: • Streams: Name Classification 0 Lakes or Ponds: Name Classification • Wetlands: Name Approximate Size • Wetland No.(if regulated by DEC) v. Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired ❑Yes O,4o waterbodies? If yes,name of impaired water body/bodies and basis for listing as impaired: i. Is the project site in a designated Floodway? ❑Yes®No j.Is the project site in the 100 year Floodplain? ❑Yesolo k. Is the project site in the 500 year Floodplain? ❑Yesolo I. Is the project site located over,or immediately adjoining,a primary,principal or sole source aquifer? ❑Yes®No If Yes: i. Name of aquifer: Page 11 of 13 in. Identify the predominant wildlife species that occupy or use the project site: n.Does the project site contain a designated significant natural community? ❑Yes❑No If Yes: i. Describe the habitat/community(composition,function,and basis for designation): ii. Source(s)of description or evaluation: W. Extent of community/habitat: • Currently: acres • Following completion of project as proposed: acres • Gain or loss(indicate+or-): acres o.Does project site contain any species of plant or animal that is listed by the federal government or NYS as ❑Yes[Z]No endangered or threatened,or does it contain any areas identified as habitat for an endangered or threatened species? p. Does the project site contain any species of plant or animal that is listed by NYS as rare,or as a species of Yes®No special concern? q. Is the project site or adjoining area currently used for hunting,trapping,fishing or shell fishing? ❑Yes[Z]No If yes,give a brief description of how the proposed action may affect that use: E.3. Designated Public Resources On or Near Project Site a.Is the project site,or any portion of it,located in a designated agricultural district certified pursuant to ❑Yes®No Agriculture and Markets Law,Article 25-AA,Section 303 and 304? If Yes, provide county plus district name/number: b.Are agricultural lands consisting of highly productive soils present? ❑Yesoio i. If Yes:acreage(s)on project site? H. Source(s)of soil rating(s): c. Does the project site contain all or part of,or is it substantially contiguous to,a registered National ❑Yes®No Natural Landmark? If Yes: i. Nature of the natural landmark: ❑Biological Community ❑ Geological Feature ii. Provide brief description of landmark,including values behind designation and approximate size/extent: d.Is the project site located in or does it adjoin a state listed Critical Environmental Area? ❑Yes®No If Yes: i. CEA name: U. Basis for designation: W. Designating agency and date: Page 12 of 13 e.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district ❑Yes®No which is listed on,or has been nominated by the NYS Board of Historic Preservation for inclusion on,the State or National Register of Historic Places? If Yes: i. Nature of historic/archaeological resource: ❑Archaeological Site -]Historic Building or District ii.Name: iii. Brief description of attributes on which listing is based: f. Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑Yes®No archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? g.Have additional archaeological or historic site(s)or resources been identified on the project site? ❑Yes®No If Yes: i.Describe possible resource(s): ii. Basis for identification: h.Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local ❑Yes®No scenic or aesthetic resource? If Yes: i. Identify resource: New York State Scenic Byway State Route 25 and Suffolk County Route 48 ii. Nature of,or basis for,designation(e.g.,established highway overlook,state or local park,state historic trail or scenic byway, etc.):Scenic byway - iii. Distance between project and resource: <1 miles. i. Is the project site located within a designated river corridor under the Wild,Scenic and Recreational Rivers ❑Yes®No Program 6 NYCRR 666? • If Yes: i. Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑Yes®No F.Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal,please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name Scott Russell Date 4/30/14 • Signature b Title Supervisor t�aRv n i Scud-(- -s y- 1� Y'VC,�I PRINT FORM Page 13 of 13 April 30, 2014 Long Environmental Assessment Form Additional Information A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones Introduction The Town of Southold is proposing to amend the Chapter 280, Zoning of the Southold Town Code to include a local law to allow Commercial Solar Energy Production Systems in the Light • Industrial (LI) and Light Industrial Park (LIO) zoning districts (attached). The proposed local law does not affect the ability to install solar energy systems on existing buildings. Currently, both the LI and LIO zoning districts allow public utility structures and uses by Special Exception review by the Zoning Board of Appeals but do not allow private, commercial generation of energy. The proposed local law expands the uses in the zoning districts to allow private, Commercial Solar Energy Production Systems, through Special Exception review by the Planning Board and sets applicable review standards for the use. The zoning change adds clarification to a use already contemplated in the LI and LIO zoning code by Special Exception review. No physical changes or projects are proposed. SEAR guidance indicates that the Town should consider the relative impacts based on the proposed • changes and compare the relative impacts of land use and development (based on the existing zoning) and the proposed zoning. 1. Existing Conditions Light Industrial Zoning District (LI) The purpose of the Light Industrial (LI) Zoning District is to "provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO district." The minimum lot size in the LI Zoning District is 40,000 square feet. The lot dimensions, yard setbacks and allowable coverage are less restrictive than in the LIO Zoning District. The LI Zoning District is dispersed throughout the Town with a large number of parcels located within the Mattituck, Peconic and Southold hamlet areas (Figures 1 and 5). 1 Figure £ The location of the Light Industrial zoned parcels (outlined in yellow, exclusive of the inset parcels) located within M atbuck � � t Figure 2. The location of the Light Industrial zoned parcels (outlined in yellow) located within Cutchogue, northwest of County Route 48. 3 • Figure 3. The location of the Light Industrial zoned (outlined in yellow) parcels located within Peconic. 4 Figure 4. The location of the Light Industrial zoned (outlined in yellow) parcels located within Southold. The LI Zoning District is located in the Southold HALO area. To the west area two parcels zoned LI (not shown). 5 TOS • Figure 5. The location of the Light Industrial zoned (outlined in yellow) parcels located within Greenport/Pipes Cove area. Note;two LI zoned parcels (not shown) equal to 1.75 acres are located to the east of the area shown above. All LI zoned parcels greater than 5 acres are protected by the Town of Southold and/or Suffolk County in this area. Light Industrial Office/ Planned Office Park (LIO) The stated purpose of the Light Industrial Park/Planned Office Park (LIO) Zoning District is to "provide opportunity for the location of business and professional offices, research facilities, industrial uses and similar activities in an open, campus-like setting in areas which are not appropriate for commercial activity or low-density residential development. In this area, such uses can be established in an attractive environment and serve both as a means of preserving the open qualities of an area and providing an area adjacent to hamlet areas where such uses can be appropriately developed with suitable protection for ground- and surface waters. All uses must conform to Suffolk County Health Department standard." The minimum lot size in the LIO Zoning District is 120,000 square feet. The district permits and encourages light industrial and office park uses with an open, campus-like setting designed to achieve a "means of preserving the open qualities of an area and providing an area adjacent to hamlet areas". Consequently, the zoning district provides the ability to create campus style 6 development by requiring a large minimum lot area, minimum yard setbacks and generous allowable lot coverage (20%). The LIO Zoning District encompasses two large contiguous areas in the Town; the first is located in Greenport/Pipes Cove area south of State Route 25 (Figure 6) The second is located in Cutchogue, west of the Town of Southold Solid Waste Transfer Station (Figure 7). i TOS • Figure 6. Location of Light Industrial Park/Planned Office Park (outlined in yellow) zoned parcels in the Greenport/Pipes Cove, south of State Route 25. The highlighted green parcel is owned by the Town of Southold. Only the parcel identified by the black arrow is eligible for the proposed use in this area. 7 • • Figure 7. Location of Light Industrial Park/Planned Office Park zoned parcels (outlined in yellow) in Cutchogue, northwest of County Route 48. Both the LIO and LI zones permit more intense Light Industrial Uses. The Town of Southold Town Code Section § 280-4. Definitions; defines a light industrial use as: LIGHT INDUSTRIAL USES -- Uses which involve fabrication, reshaping, reworking, assembly or combining of products from previously prepared materials and which do not involve the synthesis of chemical or chemical products other than for pharmaceutical or research purposes or the processing of any raw materials except agricultural raw materials. Such uses may include industrial operations such as electronic, machine parts and small component assembly, as opposed to heavy industrial operations such as automobile assembly or milling activities. [Added 4-28-1997 by L.L. No. 6-1997] Section §280-58; of the LIO Zoning District permits "light industrial uses" by right subject to the following conditions: (15) Light industrial uses, subject to the following conditions: (a) No such process or operation shall involve the handling, storage or discharge of explosives or permit upon the premises any virus or other type of infectious organisms identified with diseases of animals or humans. 8 (b) No offensive noises, gases,fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be injurious to health or to negatively impact groundwater. (c) Such processes shall involve the use of only oil, gas or electricity for fuel. Correspondingly, the LI Zoning District allows light industrial uses by right and also by Special Exception of the Board of Appeals provided that the Special Exception use meets the following conditions: (a) No such process or operation shall involve the handling, storage or discharge of explosives or permit upon the premises any virus or other type of infectious organisms identified with diseases of animals or humans. (b) No offensive noises, gases,fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be injurious to health or to negatively impact groundwater. (c) Such processes shall involve the use of only oil, gas or electricity for fuel. The light industrial uses would be expected to have greater potential impacts on the environment in the areas of traffic generation, water use, waste management and sanitary disposal than the proposed use. The parcels that would be eligible for such a use are currently in industrial, single family residential, agriculture or municipal use (landfill). Impact Assessment C.1 Planning and Zoning Actions The legislative adoption of the proposed local law would not be the only regulation to enable • the proposed action to proceed. New York Department of State approval is also required. C.2. Adopted land use plans. The local law to allow Commercial Solar Energy Production Systems as a use in the LI and LIO zoning districts supports the Town's goals and the effort of LIPA (now PSEG)to reduce reliance on fossil fuels and allow the privatization of generation of renewable energy. The renewable energy generation through private, commercial companies has been incentivized at all levels of government encouraging a shift in structure from where the utility would generate and supply energy to consumers to one where private companies generate and sell renewable energy to the utility. 9 The Town has developed goals to broaden the opportunities for renewable energy uses in Town. The recently drafted Natural Resources and Environment Chapter of the comprehensive plan includes a goal and objectives that supports the expansion of renewable energy opportunities and recommends amendments to the Town Code to allow such use. The goals and objectives follow: 7.2. Expand renewable energy opportunities that provide direct benefit to citizens, while ensuring quality of life. 7.2.1. Amend the Town Code to allow commercial renewable solar energy power generation projects. 7.2.2. Capitalize on Long Island Power Authority's Clean Solar Initiative Feed-In Tariff(FIT), New York State's Solar Tax Credit and Federal Tax Incentives and other incentive programs for the development of commercial renewable energy infrastructure. . The Town of Southold Local Waterfront Revitalization Program which was adopted in 2005 also establishes objectives that support the proposed action. Policy 13. Promote appropriate use and development of energy and mineral resources. 13.2 Promote alternative energy sources that are self-sustaining, including solar and wind powered energy generation. The proposed action includes parcels listed in the Town of Southold Community Preservation Plan (CPP), an adopted municipal open space plan. The CPP identifies how the Town intends to preserve or protect farmland and open space properties that are integral to the unique community character of Southold. There is no obligation on the Town's part to protect the parcels identified in the CPP. As described above, the proposed use is less intense than the LI and LIO uses that are currently allowed on the parcels included for the parcels listed within the CPP. Due to the type of use, no significant traffic generation, water use, waste generation or sanitary flow would result from the use. It is expected that the impacts to soils would not be significant as a result of the use. Since the life span of these systems usually range between twenty and thirty years, the structures are not permanent and the soil properties of a parcel would not be significantly impacted over the term. Land would have the possibility of being returned to agriculture or open space use upon removal of a system (ground mounting poles). A decommissioning protocol is included in the proposed local law to facilitate removal of the systems if they are abandoned. 10 C.3. Zoning The proposed Commercial Solar Energy Production Systems use is not significantly different from theup blic utility structures and uses currently allowed by Special Exception review by the Zoning Board of Appeals in the zoning districts. Currently, both the LI and LIO zoning districts allow ublic utility structures and uses by Special Exception review by the Zoning Board of Appeals but do not allow private, commercial, generation of energy. Chapter 237 Streets and Sidewalks of the Town Code defines a Utility as "Any corporation, authority, or other entity that provides electric,telephone, cable television or other telecommunications service to the residents of the Town of Southold." Chapter 280 Zoning does not define Utility. The term "provides" is also undefined in the Southold Town Code. The local law proposes to broaden utility uses in the LI and LIO zoning districts by allowing electric generation use by private, Commercial Solar Energy Production Systems. The law also • establishes Special Exception Review by the Planning Board and sets applicable review criteria for the use. The Commercial Solar Energy Production System use does not conflict with the purpose of the LI and LIO zoning districts. The LI and LIO zones currently allow utility structures and uses as a Special Exception reviewed by the Zoning Board of Appeals however, does not explicitly allow private, commercial utilities, including solar power production/generation. To mitigate potential impacts from the use to the Town the proposed local law includes siting and design criteria for Commercial Solar Energy Production System some of which are discussed below. (a) The commercial solar energy system shall not be on a parcel of less than five [5) acres. The LI zoning district zoned properties occur throughout the Town and range in size from .14 acres to 61.90 acres. The LIO properties are located in Cutchogue and east of the Village of Greenport and range in size from .50 acres to 50.81 acres. Due to the land area required for commercial solar energy production systems, the local law establishes a 5 acre minimum parcel size for the use. This five acre minimum parcel size excludes the LI and LIO zoned properties that are located in and near the Hamlet Centers. The basis for exclusion is: The industrial zoned parcels in these areas are limited in the number, are smaller in acreage and improved with structures. The larger LI and LIO zoned properties that are more suitable for the proposed use located outside of the Hamlet Center. 11 (b) All ground-mounted panels shall not exceed the height of 8' The criterion requires that all ground-mounted panels not exceed the height of 8' to mitigate the visual impacts of the system on the Town's New York State Scenic Byways (State Route 25 and Suffolk County Route 48) and view sheds important to the community as represented in numerous comprehensive plan documents. The criterion also will help protect community character. (c) All mechanical equipment of commercial solar energy system, including any structure for batteries or storage cells, are completely enclosed by a minimum eight (8) foot high fence with a self-locking gate. The criterion will minimize potential impacts to the Town's New York State Scenic Byways and view sheds important to the community. (d) Notwithstanding any requirement in Section 280-59 of this Chapter,the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. The local law proposes to limit the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, to 80% of the total parcel area. This limitation will insure that adequate buffers from adjacent properties and uses can be achieved. This percent cover may be amended through the Special Exception review process based on need of the applicant and sufficient impact mitigation. (e) The installation of a vegetated perimeter buffer to provide year round screening o_f the system from adjacent properties. This criterion requires screening of the system using vegetation to mitigate the visual impacts of the system on the Town's New York State Scenic Byways and view sheds important to the community as represented in numerous comprehensive plan documents. The requirement will also protect community character by minimizing potential impacts to residential uses located within and adjacent to the LI and LIO zoning districts. (g) All on-site utility and transmission lines are, to the extent feasible, placed underground. This criterion minimizes potential visual impacts of utility lines across the landscape that could impact scenic qualities of the Town. (i) The system is designed and situated to be compatible with the existing uses on ad*acent and nearby properties. 12 This criterion allows the reviewing discretionary board (in this case the Town of Southold Planning Board)to impose additional siting and design standards that would design the use to be more compatible with adjacent and nearby properties. (1) Decommissioning/Removal: (i) Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time,the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures,this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days,the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days,the Town will cause the removal at the owner's expense All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the Property, or if the owner cannot be ascertained or located,then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid,together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors,who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. This criterion minimizes potential impacts to scenic view sheds and community character by requiring the removal of abandoned structures. 13 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 81h day of April, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 6th day of May, 2014, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" reads as follows: • LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intention of the Town Board of the Town of Southold as part of its goal to limit dependence on imported fossil energy, and decrease greenhouse gas emissions to permit commercial solar energy production systems with special exception approval in the Light Industrial and Light Industrial Office Zones to minimize impacts to residents and scenic viewsheds important to the community. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: • §280-4. Definitions. Commercial Solar Energy Production System—an arrangement or combination of components installed upon land that utilize solar radiation to produce energy designed to provide electricity for on-site or off-site use pursuant to a power purchase agreement. §280-58. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except subsection (B)(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be and subject to site plan approval by the Planning Board: (10) Commercial Solar Energy Production System subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five Ll acres. (b) All ground-mounted panels shall not exceed the height of 8' (c) All mechanical equipment of commercial solar energy system, including any structure for batteries or storage cells are completely enclosed by a minimum eight (8) foot high fence with a self-locking gate. (d) Notwithstanding any requirement in Section 280-59 of this Chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells panels and arrays, shall not exceed 80% of the total parcel area. (e) The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent properties. �f) All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way_ (g) All on-site utility and transmission lines are to the extent feasible, placed underground. (h) The installation of a clearly visible warning sign concerningg voltage must be placed at the base of all pad-mounted transformers and substations. The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties. w �) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (k) Any special exception approval granted under this article shall have a term of twenty years commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the PlanningBoard. oard. (1) Decommissioning/Removal: (i) Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy,production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy,production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy_production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall • be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property pon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property_ Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety andeg neral welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal of commercial solar energy production systems in this chapter. §280-62. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except subsection (B)(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be a*d subject to site plan approval by the Planning Board: (10) Commercial Solar Energy Production System subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five [5] acres. (b) All ground-mounted panels shall not exceed the height of 8' (c) All mechanical equipment of commercial solar energy system including any structure for batteries or storage cells are completely enclosed by a minimum eight(8) foot high fence with a self-locking gate • d Notwithstanding any requirement in Section 280-63 of this Chapter, the total surface area of all ground-mounted and freestanding solar collectors including solar photovoltaic cells panels and arrays shall not exceed 80% of the total parcel area. (e) The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent properties (f) All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of-way_ W All on-site utilitv and transmission lines are to the extent feasible placed • underground. (h) The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations (i) The system is designed and situated to be compatible with the existing uses on adjacent and nearby_properties. (i) In approving a special exception the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (k) Any special exception approval granted under this article shall have a term of twenty years, commencing from the grant of the special exception which may be extended for additional five-year terms upon application to the Planning Board. (1) Decommissioning/Removal: (i) Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy productionsystem shall be assessed against the land on which such commercial solar energy production system is located and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted a legal action may be brought to collect such assessment or to foreclose such lien As an alternative to the maintenance of any such action the Building • Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property pon which the system is located, with the Assessors who shall in the preparation of the next assessment roll assess such amount upon such property Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold (ii) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health safety andeg neral welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal of commercial solar energy production systems in this chapter. §280-138. Fee schedule for site plan applications. D. The fee for new site plan applications for commercial solar energy production systems pursuant to §280-58(B)(l0) and §280-62(13)(10) shall be a flat fee of $3,000.00 and the fee for an amendment to a site plan application for commercial solar energy production systems shall be $2,000.00. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: April 8, 2014 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk Please publish on APRIL 24, 2014, and forward one (1) affidavit of publication to: Elizabeth A. Neville, Town Clerk, Town Hall, P O Box 1179, Southold NY 11971. Copies to the following: Suffolk Times Town Board Members Town Attorney TC Bulletin Bd Web site Building Dept Planning Bd ZBA o��gUFFO(�-�o ELIZABETH A. NEVILLE, MMC �� r/y Town Hall, 53095 Main Road TOWN CLERK o P.O.Box 1179 H Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p • Fax(631)765-6145 MARRIAGE OFFICER 'f'� �� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �.( `j►a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 9, 2014 Re: Resolution Numbers 2014-324&325 "A Local Law in Relation to Amendments to Chapter 280,Zoning,to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" • Andrew P. Freeling, Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freeling, The Southold Town Board at their regular meeting held on April 8, 2014 adopted the resolutions referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Southold Town Planning Board for their review. The date and time for this public hearing is 7:32 PM,Tuesday, May 6,2014. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yo....ursss,, ciL+ru'C l�L, Elizab th A. Neville Southold Town Clerk Enclosure cc:Town Board Town Attorney ��g%jFFO�,��, ELIZABETH A. NEVILLE,MMC =y►� ��y Town Hall,53095 Main Road TOWN CLERKo P.O. Box 1179 y Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Q • Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 9, 2014 Re: Resolution Numbers 2014-324&325,"A Local Law in Relation to Amendments to Chapter 280, Zoning,to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office ". • Donald Wilcenski, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Wilcenski: The Southold Town Board at their regular meeting held on April 8, 2014 adopted the resolutions referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is 7:32 PM, Tuesday,May 6,2014 Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Eliza64th A. Neville Southold Town Clerk Enclosures(2) cc:Town Board Town Attorney ae�MV% RESOLUTION 2014-324 �s ADOPTED DOC ID: 9682 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-324 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 8, 2014: WHEREAS, there has been resented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8t day of April, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 6th day of May, 2014, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, • Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intention of the Town Board of the Town of Southold as part of its goal to limit dependence on imported fossil energy, and decrease greenhouse gas emissions to permit commercial solar energy production systems with special exception approval in the Light Industrial and Light Industrial Office Zones to minimize impacts to residents and scenic viewsheds important to the community. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. Commercial Solar Energy Production System—an arrangement or combination of components installed upon land that utilize solar radiation to produce energy designed to provide electricity for on-site or off-site use pursuant to a power purchase agreement §280-58. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except subsection (B)(10) which may permitted as a special exception by the Planning Board and all such special exception uses shall be and subject to site plan approval by the Planning Board: Resolution 2014-324 Board Meeting of April 8, 2014 (10) Commercial Solar Energy Production System subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five L1 acres. (b) All ground-mounted panels shall not exceed the height of 8' (c) All mechanical equipment of commercial solar energy system including any structure for batteries or storage cells, are completely enclosed by a minimum eight (8) foot high fence with a self-locking gate. (d) Notwithstanding any requirement in Section 280-59 of this Chapter, the total surface area of all ground-mounted and freestanding solar collectors including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (e) The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent cent properties. (f) All solar energy_production systems are designed and located in order to prevent • reflective glare toward any habitable buildings as well as streets and ri htg s-of- way. (g) All on-site utility and transmission lines are, to the extent feasible placed underground. (h) The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (i) The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties. (j) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (k) Any special exception approval granted under this article shall have a term of twenty years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (1) Decommissioning/Removal: Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of Updated: 4/10/2014 1:19 PM by Lynne Krauza Page 2 Resolution 2014-324 Board Meeting of April 8, 2014 a commercial solar energy production system on preexisting structures this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted a legal action may be brought to collect such assessment or to foreclose such lien As an alternative to the maintenance of any such action the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located with the Assessors, who shall, in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold (ii) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within • the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and govern the subiect of removal of commercial solar energy production systems in this chapter. §280-62. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except subsection (B)(10) which mai be permitted as a special exception by the Planning Board, and all such special exception uses shall be and subject to site plan approval by the Planning Board: (10) Commercial Solar Energy Production System subject to the following criteria: Updated: 4/10/2014 1:19 PM by Lynne Krauza Page 3 Resolution 2014-324 Board Meeting of April 8, 2014 (a) The commercial solar energy system shall not be on a parcel of less than five [51 acres. (b) All ground-mounted panels shall not exceed the height of 8' (c) All mechanical equipment of commercial solar energy system, including any structure for batteries or storage cells, are completely enclosed by a minimum eight (8) foot high fence with a self-locking gate. (d) Notwithstanding any requirement in Section 280-63 of this Chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (e) The installation of a vegetated perimeter buffer to provide year round screening.of the system from adjacent properties. (f) All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of- wY '- 0 (g) All on-site utility and transmission lines are, to the extent feasible,placed underground. (h) The installation of a clearly visible warning sign concerningvoltage must be placed at the base of all pad-mounted transformers and substations. (i) The system is designed and situated to be compatible with the existing uses on adjacent and nearby_properties. (j) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (k) Any special exception approval granted under this article shall have a term of twenty years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (1) Decommissioning/Removal: (i) Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy_production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production Updated: 4/10/2014 1:19 PM by Lynne Krauza Page 4 Resolution 2014-324 Board Meeting of April 8, 2014 system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to paw expenses within 10 days after the statement is presented or posted a legal action may be brought to collect such assessment or to foreclose such lien As an alternative to the maintenance of any such action the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located with the Assessors, who shall, in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold (ii) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and • govern the subject of removal of commercial solar energy production systems in this chapter. §280-138. Fee schedule for site plan applications. D. The fee for new site plan applications for commercial solar energy production systems pursuant to X280-58(13)(10) and §280-62(13)(I 0) shall be a flat fee of$3,000.00 and the fee for an amendment to a site plan application for commercial solar energy production systems shall be $2,000.00. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Updated: 4/10/2014 1:19 PM by Lynne Krauza Page 5 Resolution 2014-324 Board Meeting of April 8, 2014 , IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 6��6?2?e� Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Updated: 4/10/2014 1:19 PM by Lynne Krauza Page 6 RESOLUTION 2014-325 ADOPTED DOC ID: 9683 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-325 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 8, 2014: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones"to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS MOVER: Jill Doherty, Scott A. Russell SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell ELIZABETH A.NEVILLE,MMC �� r/y Town Hall, 53095 Main Road TOWN CLERK o P.O. Box 1179 C4 Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p Fax(631)765-6145 MARRIAGE OFFICER y� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �.� `�►� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 17, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on May 6, 2014: 7:32 PM —A Local Law in relation to Amendments to Chapter 280, Zoning to Permit Commercial Solar # nergy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office .ones. Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Southold Town Planning Board Southold Town Building Department Southold Town Board of Appeals Village of Greenport "town of Shelter Island Town of Riverhead Town of Southampton Date: Signature, Received By Title: Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK `°"�(" RESOLUTION 2014-325 ADOPTED DOC ID: 9683 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-325 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 8, 2014: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Elizabeth A. Neville • Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Scott A. Russell SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Cooper, Linda From: Cooper, Linda Sent: Thursday, April 17, 2014 11:05 AM To: 'Riverhead Town Clerk'; 'Shelter Island Town Clerk'; 'Southampton Town clerk '; Sylvia Pirillo; Bunch, Connie; Cooper, Linda; Lanza, Heather; Randolph, Linda; Toth, Vicki; Verity, Mike Subject: PH Notice - Solar energy Attachments: PH Notice Chapter 280_20140417092129.pdf • • �o��gUFFO,(,�-�O ELIZABETH A. NEVILLE,MMC l/y Town Hall,53095 Main Road TOWN CLERKC P O. Box 1179 C#3 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p • .� Fax(631) 765-6145 MARRIAGE OFFICERy� o� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �( `�►a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 15, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on May 6, 2014: 7:32 PM —A Local Law in relation to Amendments to Chapter 280, Zoning to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office 46nes. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Riverhead Town of Shelter Island Town of Southampton • Southold Town Building Department Southold Town Board of Appeals Southold Town Planning Board Date: Signature, Received By Title: Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK SUFF111/(Ira ELIZABETH A.NEVILLE, MMC y� r/y Town Hall, 53095 Main Road TOWN CLERK C P.O. Box 1179 C#* 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p Fax(631)765-6145 MARRIAGE OFFICER y� � Telephone(631) 765-1800 RECORDS MANAGEMENT OFFICER �l `�►� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 15, 2014 PLEASE, TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on May 6, 2014: 7:32 PM —A Local Law in relation to Amendments to Chapter 280, Zoning to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office ones. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Riverhead Town of Shelter Island Town of Southampton Southold Town Building Department Southold Town Board of Appeals Southold "Town Planning Board Date: Lf Signature, Receiv d By �R'&LGA ;' Z1 ( J 1'y1PJ Title: Lc-� A Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK ®�oSUFFot�c® ELIZABETH A.NEVILLE,MMC �� r/y Town Hall, 53095 Main Road TOWN CLERK o P.O. Box 1179 W = Southold,New York 11971 REGISTRAR OF VITAL STATISTICS d • .F Fax(631)765-6145 MARRIAGE OFFICER �' N. RECORDS MANAGEMENT OFFICER �ol ��® Telephone oldt 765-1800 FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 17, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on May 6, 2014: 7:32 PM —A Local Law in relation to Amendments to Chapter 280, Zoning to Permit Commercial Solar Oergy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones, Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. APR 18 2014 Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission 11ir ail: Southold Town Planning Board Southold Town Building Department Southold Town Board of Appeals Village of Greenport Town of Shelter Island Town of Riverhead Tow f Southa ton Date: - Ile 14 Signature, Received By c L16jPA-- 9A JT)O/—Pt�- Title: G SS Please print name PLEASE SIGN AND RETURN TO �-�.- ,F� SOUTHOLD TOWN CLERK `"` ` ``� 04!17/2014 11:00 6317493436 S I TOWN CLERK PAGE 01 I �11ffOl,� I I ELIZABETH A.NEVILLE,MMC lbwn Hall, 68095 Main Road TOWN CLERK P,O, Box 1179 C REGISTRAR OF VI'1'Ai.STATI8TIC3 `$ Southold,New York 11971 � MARRIAGE OFFICER Fax(631)765-8146 Ql' RECORDS MANAGEMENT OFFICER Telephone(631)766-1800 ( �'� FREEDOM OF INFORMATION OFFICER www.southoldtownny,gov I I OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 17, 2014 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEAR NG on the proposed Local Law listed below on May 6, 2014: 7:32 PM —A Local Law in relation to Amendments to Chapter 280, Zoning to Permit Commercial Solar .Energy Production Systems as a Special Exception Use In the bight Industrial and Light Industrial Office .ones. Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Tharm you. Elizabeth A, Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Southold Town Planning Board Southold Town Building Department Southold Town Board of Appeals Village of Greenport • Town of Shelter Island Town of Riverhead Town of Southampton 19, Date: Signature, Re eived B C9�,4r _ Title�n-t CkC� Please print nar6e I PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK I ELIZABETH A. NEVILLE,MMC �� l/y Town Hall,53095 Main Road TOWN CLERI{ o P0.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER '!� ®�t Telephone(631)765-1300 RECORDS MANAGEMENT OFFICER www.suutholdtownny.gov FREEDOM OF INFORMATION OFFICER RECEIVED OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APS; 4 April 17, 2014 Southold Town Clerk PLEAS F, TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local L,aw listed below on May 6,2014: • 7:32 I'M —A Local Law in relation to Amendments to Chapter 280, Zoning to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones. Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. ?� Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Southold Town Planning Board Southold Town Building Department Southold Town Board of Appeals Village of Greenport Town of Shelter Island Town of Riverhead T wn of Sou mpton r, / Aad Date: Si'n t re, Recei -d y r l Title; i r Ple se print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK Cooper, Linda From: legals <legals@timesreview.com> Sent: Tuesday, April 15, 2014 4:07 PM To: Cooper, Linda Subject: Re: Legal Notice - PH Chpt 280 Comm Solar Energy 5-6-14 Hi Linda, I have received the notice and we are good to go for the 4/24 issue. Thanks and have a great afternoon! Candice From: <Cooper>, Linda <Linda.Cooper@town.southold.nv.us> Date:Tuesday, April 15, 2014 3:33 PM To:Times Review<legals@timesreview.com> Subject: Legal Notice - PH Chpt 280 Comm Solar Energy 5-6-14 od Afternoon. Please confirm receipt of this Legal Notice of Public Hearing for the April 24. 2014 edition of the Suffolk Times. Thank you. `2 / Deputy Town Clerk "Town of Southold 631-765-1800 i Cooper, Linda From: Reisenberg, Lloyd Sent: Wednesday, April 16, 2014 8:33 AM To: Cooper, Linda Subject: RE: Chpt 280 Comm Solar Energy 5-6-14 Posted Lloyd H. Iteisenberg Network and Svstcrr7s Adininistrator Mown of Southold, New York www.southoldtownny.gov Iloydr@southoldtownny.gov 0: 631-765-1891 ! M:631-879-1554 I F: 631-765-5178 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the tended recipient, please contact the sender and destroy all copies of the communication. From: Cooper, Linda Sent: Tuesday, April 15, 2014 3:34 PM To: Reisenberg, Lloyd Subject: Chpt 280 Comm Solar Energy 5-6-14 Legal Notice of Public Hearing for the website. Thankyou i