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2.9
2.9 LOCAL LAWS\Enactment\Chapter 179—Add Solar-Renewable Energy Systems and Facilities Regs—APA Input—9-28-2020 RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND ENACTING LOCAL LAW NO.: OF 2020 TO AMEND QUEENSBURY TOWN CODE TO ESTABLISH RENEWABLE ENERGY SYSTEMS AND FACILITIES REGULATIONS RESOLUTION NO. ,2020 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: of 2020 to amend its Zoning Law to establish renewable energy systems and facilities regulations, and WHEREAS, before the Town Board may amend its Zoning Law, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Law, and WHEREAS, in accordance with General Municipal Law §239-m, the Town duly referred the proposed Zoning Law amendments to the Warren County Planning Department which by Project Review and Referral Form dated August 21, 2020 found that the Project would not create any significant intermunicipal or countywide impacts to the items identified in General Municipal Law §239, and WHEREAS, the Town Board also referred the proposed Zoning Law amendments to obtain a recommendation from the Town Planning Board and on September 22nd, 2020, the Planning r , , Board reviewed the proposed Zoning Law amendments and adopted a Resolution of recommendation to the Town Board as favorable subject to clarification of items submitted by staff in a report to the Town Board, and WHEREAS, the Town of Queensbury amendments comply with and are in furtherance of approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of Agency regulations, and WHEREAS, the Town must also obtain approval of the Adirondack Park Agency for the proposed Zoning Law amendments prior to adoption and by letter dated September 17, 2020, the APA advised that it reviewed the proposed revised Zoning Law amendments and approved them pursuant to the terms of the Town's Agency-Approved Local Land Use Program, and WHEREAS, the Town Board duly conducted a Public Hearing on Monday, September 28th, 2020 concerning proposed Local Law No. of 2020, heard all interested parties and closed the Public Hearing, and WHEREAS, the Town Board, as Lead Agency for the environmental review required under the State Environmental Quality Review Act (SEQRA), has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of proposed Local Law No.: of 2020 and found that no significant adverse environmental impacts are expected to result,and WHEREAS, the Town Board has considered the conditions and circumstances and wishes to consider adoption of Local Law No.: _of 2020(the"legislation,")presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed legislation will not have any significant adverse environmental impact and a SEQRA Negative Declaration is made, and authorizes and directs the Town Clerk and/or Director of Planning, r . Zoning and Code Compliance to file and publish a SEQRA Negative Declaration - Notice of Determination of Non-Significance with respect to the legislation, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves and adopts Local Law No.: of 2020 — A Local Law Amending Town of Queensbury Zoning Law to Establish Renewable Energy Systems and Facilities Regulations in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to submit approved Local Law No. of 2020 to the New York State Secretary of State for filing, in accordance with the provisions of the Municipal Home Rule Law, and acknowledges that the Local Law will take effect immediately upon filing by the Secretary of State,and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a copy of this Resolution and a copy of approved Local Law No.: of 2020 to the Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning Department in accordance with §179-15-080(D)of the Town Zoning Law, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Zoning Administrator and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution. r „ Duly adopted this 28`1'day of September, 2020, by the following vote: AYES : NOES : ABSENT : Aug20-39 Warren County Planning Department Project Review and Referral Form Reviewed by Department on August 21, 2020 Project Name: Town of Queensbury Owner: Town of Queensbury ID Number: QBY-20-LL County Project#: Aug20-39 Current Zoning: Community: Queensbury Project Description: Applicant proposes to amend town code to establish renewable energy systems and facilities regulations. Site Location: Tax Map Number(s): Staff Notes: he Warren Co., t F _.n, :i Ju ...iG,.rrk fildsF ),, the projectvyW not createany Sg _an ".ZeC-mu cipa .{ ou1 4v'dti, impacts to the items identified in GML§239. Local actions to date (if any): County Planning Department: NCI Local Action:/Final Disposition: 7 /fj 8/21/2020 Warren County Planning Department Date Signed Local Official Date Signed PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION FPI ,_, _, ' 11111111/4 (,),A1, ;,1 uccii,hut'1' u_ ( oni omity I)ev.elopin r1i <)i II,e ', 747_ E , Road. Otl,2c11 „ir,. 1 :80 Town of Queensbury Planning Board RESOLUTION -Planning Board Recommendation to the Town Board PROPOSED LOCAL LAW AMENDING TOWN OF QUEENSBURY ZONING LAW TO ESTABLISH RENEWABLE ENERGY SYSTEMS AND FACILITIES REGULATIONS Whereas, the Town of Queensbury Town Board is reviewing a zoning change to establish renewable energy systems and facilities regulations. The Town Board is referring the proposed zoning amendments to the Planning Board for an advisory recommendation pursuant to Section 179-15-020; Whereas, the Planning Board will review future site plans pursuant to the requirements of Section 179-9-020; Now, therefore, be it resolved, that we find the following: MOTION FOR RECOMMENDATION TO THE TOWN BOARD AS FAVORABLE FOR PROPOSED LOCAL LAW AMENDING TOWN OF QUEENSBURY ZONING LAW TO ESTABLISH RENEWABLE ENERGY SYSTEMS AND FACILITIES REGULATIONS; Subject to clarification of items submitted by Staff in a report to the Town Board. Introduced by David Deeb who moved its adoption, and Motion seconded by Chris Hunsinger. Duly adopted this 22nd day of September 2020 by the following vote: AYES: Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Deeb, Ms. White, Mr. Traver NOES: NONE , , - , i'._i.` i.- .:t f•l -.., `, ' ., 1. -;3: 1 'l ' Y I l i ,.t1�.', tit ,) 1 1;•yf zr. MEMO Town of Queensbury 9/23/202o TO: Town Board FROM: Planning Board Re Staff report comments on proposed zoning changes to establish renewable energy systems and facilities regulations The Planning Board reviewed the proposed zoning code changes and offer the following comments A. Page 2- Page 4, Definitions a. Collective Solar i. Consider including Apartment complex b. Glare i. Add a period c. Permit Granting Authority i. Review wording — maybe The Town's Building Inspector and Zoning Administrator are together charged with granting permits for the installation and operation of solar energy systems where those projects that require Planning and or Zoning Board review and approval will occur prior to a permit being issued. d. Qualified Solar Installer i. Add ... A person or a business e. Solar access i. Review wording maybe include — Space open to the sun and clear of overhang, shade or shadows Establish renewable energy systems and facilities regulations. (continued-2) f. Solar easement i. Review wording maybe — AN easement recorded pursuant to New York Real Property Law Section 335-b, the purpose of which is to secure the right to receive sunlight across real property or improvement they are on ii. Solar energy system -size - may be include any solar energy system four square feet or less is not subject to site plan/special use permit B. Page 5 Letter C Applicability item 4 a. Review wording confirming the residential reference should be included (After an additional review of this language it seems fine.) C. Page 5 Permitting and Approvals item 3 a. Consider the following — Freestanding or ground mounted solar energy systems shall be permitted in all zoning districts, subject to site plan approval by the planning board and building permit. b. Freestanding or ground- mounted solar energy systems should be listed in the use tables with detail--lots 1 acre or greater, setback of 75 ft(is this rear and side property lines?), panels no higher than 12 ft ( from ground or panel itself?) D. Page 6 Permitting and Approvals item 6 a. Consider including site plan approval and a solar energy permit is required ( seems vague using hereinafter...) E. Page 6 Rooftop and Building Mounted Solar Collectors a. Are the panels for a rooftop/building mounted limited to 12 ft in height as defined on Page 7 under Freestanding Ground-mounted solar collector item 4 " The height of the solar collector and any mount shall not exceed twelve (12) ft when oriented at a maximum tilt to the horizontal. • Establish renewable energy systems and facilities regulations. (continued-R) F. Page 6 Requirement for Freestanding and Ground-Mounted Solar Collectors and Page io SUP Specific Standards and use table a. Item 2 Solar farms are exempt from setbacks — The Planning Board would encourage a setback to minimize interference with any easements for utilities —such as a 3o ft setback for any part of the solar unit on any property line G. Page 6 and Page 3.o Concern with Lot Size requirements--Freestanding and Ground mounted solar collectors also Solar Farms a. Freestanding/ground mounted allowed on lots i acre or greater. Projects on a lot less than an acre will trigger an area variance and require a survey - this may be considered a burden on the applicant i. Thermal Freestanding and Ground-mounted solar may require less footprint than photovoltaic b. Solar farm allowed on lots 5 ac or more: Projects less than 5 ac will trigger an area variance and require a survey—this may be considered a burden on the applicant H. Page 7 item 5 maybe consider adding .... The propose screening shall not, however, interfere with the normal operation of the solar collector on the neighboring property buffer area. I. Page 7 item 7 Buffer areas—add code section Article 8 Landscaping and Buffer Standards J. Page 7 Requirements item zo. a. Free standing/ ground mounted — stormwater - include code section 179-6-08o for projects less than an acre 5o year storm for commercial and 25 year storm for residential. • Establish renewable energy systems and facilities regulations. (continued-a) K. Page 7 Freestanding/ground mounted —surface area or lot permeability. There appears to be two calculations on page 7 -- item (8) is it correct that it the solar area can not exceed the largest building on the site? (understanding non residential sites planning board has discretion) then item (9) is it correct the panel at the horizontal tilt will be calculated as part of lot coverage and will be included as part of the hard surfacing on the site? Or should it be the base footprint of the triangle created as the panel will be in a set position ( can panels be angled less or more once installed?) L. Page g Safety a. New York State Building Code and Fire Prevention.... Is there any information to be included on a plan set when applying for site plan or special use permit that must be on the plan to address the requirements of Building Code and Fire Prevention? M. Page 10 Solar Farms SUP item 6 a. Height is at the discretion of the board — may be this should be a zoning board item for dimensional relief requested. N. Page 11 Decommissioning a. Item 9 and io.d. -review language and confirm if it is the Planning Board or is it the Town Board action—the board felt it was the Planning Board . b. Item io letter a (a) talks about active and continuous service. We should probably include a definition of Active and Continuous Service and should contain verbiage such as active- is producing a minimum of original spec'd output and continuous - should contain language also tied in to output. The goal should be to avoid a possibility of Zombie Solar Farms where the owner may appear to keep an array in operation to avoid the expense of removal. C , Establish renewable energy systems and facilities regulations. (continued-c) O. Page 1.1. Bond item io d a. Additional information on the bond was suggested to be more specific i. Do we know if it is reasonable to assume a bond can be provided? Is it cost prohibitive for an applicant to obtain one? The document indicates a bond can be requested — does the Planning/Town board indicate the amount of the bond or is it the responsibility of the applicant to address the bond? Is the bond required at the end of the project construction or prior to the issuance of a building permit?, Should there be a bond on making sure the project is completed as presented not just decommissioning NEWYORK Adirondack STATE OF OPPORTUNITY Park Agency ANDREW M.CUOMO TERRY MARTINO Governor Executive Director September 17, 2020 Mr. John Strough Ill Town of Queensbury Supervisor 742 Bay RD Queensbury, NY 12804 By email: qbysupervisor@queensbury.net Re: Town of Queensbury Proposed Zoning Amendment, Chapter 179 "Zoning" Regarding Renewable Energy Systems and Facilities Dear Supervisor Strough: The Agency has reviewed the proposed amendment to the Town of Queensbury's Agency-approved Local Land Use Program (ALLUP) received on August 24, 2020. This letter serves as documentation that the proposed amendment to the Town of Queensbury Chapter 179 "Zoning" to add Section 179-5-140 Renewable Energy Systems and Facilities and associated changes to the use tables are hereby approved by the Adirondack Park Agency pursuant to the terms of the Town's ALLUP. Thank you for the referral of this proposed amendment. Upon adoption of the revised zoning law, please provide the Agency with copies so staff can maintain an up-to-date file of the Town's local laws. Sincerely, \s\Terry Martino Terry Martino Executive Director TM:REB cc: Caroline Barber, Town Clerk Craig Brown, Director of Planning, Zoning & Codes Dave Hatin, Code Enforcement Officer Stephen Traver, Planning Board Chair Mike McCabe, Zoning Board of Appeals Chair 1 k,x 99• 1 133 C 1k iN'{ !297 1° , . 3C 518 89 1 i3,3 goy LOCAL LAWS\Chapter 179- Solar Regulations—September 28 2020 LOCAL LAW NO. OF 2020 A LOCAL LAW AMENDING TOWN OF QUEENSBURY ZONING LAW TO ESTABLISH RENEWABLE ENERGY SYSTEMS AND FACILITIES REGULATIONS Be it Enacted by the Queensbury Town Board as Follows: Section 1. Authority —This Local Law is adopted in accordance with New York Town Law Article 16 and the Municipal Home Rule Law. Section 2. Amendment of Section 179 "Zoning" — Chapter 179 of the Queensbury Town Code, entitled "Zoning," is hereby amended to add the following new Section 179-5-140 entitled "Renewable Energy Systems and Facilities" to establish renewable energy systems and facilities regulations and, Section 179-10- 070 is hereby amended to add specific standards for Solar Farm and, Tables 2 and 4 are hereby revised to provide for a Solar Farm as an allowable use in the Heavy Industrial; (HI), Commercial Light Industrial: (CLI) and Land Conservation: (LC) districts subject to a Special Use Permit and thereby also requiring Site Plan Review and approval. §179-5-140 Renewable Energy Systems and Facilities A. Purpose. Because it is in the public interest to provide for and encourage renewable energy systems and a sustainable quality of life, the purpose of this Section is to facilitate the development and operation of renewable energy systems while minimizing adverse impacts on neighboring properties so as to protect the public health, safety and welfare. B. Definitions. As used in this Section, the following terms shall have the meanings indicated, unless the context or subject matter requires others. The definitions set forth in §179-2 of this Code shall also apply where appropriate. (1) ALTERNATIVE ENERGY SYSTEMS Structures, equipment, devices or construction techniques used for the production of heat, light, cooling, electricity or other forms of energy on site and which may be attached to or be separate from the principal structure. BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMS A solar energy system that consists of integrating photovoltaic modules into the building structure, such as the roof or the facade and which does not alter the relief of the roof. COLLECTIVE SOLAR Solar installations owned collectively through subdivision homeowner associations, condominium associations, "adopt-a-solar-panel" programs, or other similar collective arrangements. FLUSH-MOUNTED SOLAR PANEL A photovoltaic panel or tile that is installed flush to the surface of a roof and which cannot be angled or raised. FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM A solar energy system that is directly installed in the ground and is not attached or affixed to an existing structure. Pole-mounted, shed mounted or freestanding canopy mounted solar energy systems shall be considered freestanding or ground-mounted solar energy systems for purposes of this Section. GLARE The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects. NET METERING A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the public utility grid so that they only pay for their net electricity usage at the end of the month or year. PERMIT GRANTING AUTHORITY (2) The Town's Building Inspector and Zoning Administrator are together charged with granting permits for the installation and operation of solar energy systems. PHOTOVOLTAIC (PV) SYSTEM A solar energy system that produces electricity by the use of semiconductor devices, called photovoltaic cells that generate electricity whenever light strikes them. QUALIFIED SOLAR INSTALLER A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Only persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. ROOFTOP OR BUILDING-MOUNTED SOLAR ENERGY SYSTEM A solar energy system in which solar panels are mounted on top of the structure of a roof either as a flush-mounted system or as modules fixed to frames which can be tilted toward the south at an optimal angle. SETBACK The required minimum distance from the property line to the nearest part of the structure measured at right angles to the property line within which a freestanding or ground-mounted solar energy system is installed. SOLAR ACCESS Space open to the sun and clear of overhangs or shade, including the orientation of streets and lots to the sun so as to permit the use of active and/or passive solar energy systems on individual properties. SOLAR COLLECTOR A solar photovoltaic cell, panel or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat. SOLAR EASEMENT (3) An easement recorded pursuant to New York Real Property Law § 335-b, the purpose of which is to secure the right to receive sunlight across real property of another for continued access to sunlight necessary to operate a solar collector. SOLAR ENERGY SYSTEM Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation and distributed. Solar energy systems include solar thermal, photovoltaic, and any future solar technology. For the purposes of this Section, a solar energy system does not include any solar energy system of four square feet in size or less. SOLAR ENERGY SYSTEM BUILDING PERMIT A permit allowing the installation of a solar energy system pursuant to this Section. SOLAR FARM A solar energy system with a minimum rating of 1 MW consisting of an energy generation facility or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of wholesale or retail sales of electricity. SOLAR PANEL A device for the direct conversion of solar energy into electricity. SOLAR POWER PLANT See "Solar Farm". SOLAR STORAGE BATTERY A device that stores energy from the sun and makes it available in an electrical form. SOLAR THERMAL SYSTEMS Solar energy systems that directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water and heating pool water. (4) C. Applicability. (1) The requirements of this Section shall apply to all solar energy systems and equipment installations modified or installed after the effective date of this Section. (2) Solar energy system installations for which a valid building permit has been issued or for which installation has commenced before the effective date of this Section, shall not be required to meet the requirements of this Section. (3) All solar energy systems shall be designed, erected and installed in accordance with all applicable codes, regulations and industry standards as referenced in the New York State Building Code and the Town Code. (4) Solar collectors, unless part of a solar farm, shall be permitted only to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit collective solar installations or the sale of excess power through a net-billing or net-metering arrangement in accordance with New York Public Service Law §66-j or similar state or federal statute. D. Permitting and Approvals. (1) A solar energy system building permit shall be required for all solar energy systems as more specifically provided below. Applications for solar energy system building permits shall pursuant to Town Code Chapter 88 —Fire Prevention and Building Construction. (2) Rooftop or building-mounted solar energy systems shall be permitted in all zoning districts pursuant to a solar energy system building permit granted by the Town's Building Inspector and Zoning Administrator and subject to the requirements of this Section. Pursuant to Section 88, Fire Prevention and Building Construction. (3) Freestanding or ground-mounted solar energy systems shall be permitted in all zoning districts, subject to the issuance of a solar energy system building permit and site plan approval by the Planning Board. (5) (4) Solar farms shall be permitted in the HI, CLI and LC districts subject to a solar energy system building permit and a special use permit, thereby also requiring site plan approval by the Planning Board. (5) Building-integrated photovoltaic (BIPV) systems are permitted in all zoning districts, provided that they are shown on the plans submitted for the building permit application for the building containing the system approved by the Town's Building Inspector and Zoning Administrator. (6) Solar thermal systems are permitted in all zoning districts, subject to the conditions set forth hereinafter. (7) Disposal of solar panel must follow all applicable New York State and local regulations. E. Requirements for Rooftop and Building-Mounted Solar Collectors (1) Rooftop and building-mounted solar collectors must comply with the maximum height restriction in the associated zoning district. (2) Fire safety and emergency access. All such installations shall comply with the New York State Uniform Fire Prevention and Building Code (the "State Code") to insure firefighter and other emergency responder safety and access. F. Requirements for Freestanding and Ground-Mounted Solar Collectors. Freestanding and ground-mounted solar collections shall be subject to the following conditions: (1) In all districts, a lot must have a minimum size of one (1) acre in order for a freestanding or ground-mounted solar collector to be permitted. (2) The location of a ground-mounted or freestanding solar collector shall comply with a 75 foot setback requirement. Solar Farms are exempt from this setback requirement. (3) No ground-mounted or freestanding solar collectors shall be permitted in the front yard. (6) (4) The height of the solar collector and any mount shall not exceed twelve (12) feet when oriented at a maximum tilt to the horizontal. (5) Ground-mounted and freestanding solar collectors shall be screened as much as practicable from adjoining lots and street rights-of-way through the use of architectural features, earth berms, landscaping, fencing or other screening which will harmonize with the character of the property and surrounding area. The proposed screening shall not, however, interfere with the normal operation of the solar collectors. (6) Solar energy equipment shall be located in a manner to reasonably minimize blockage of sunlight for surrounding properties and shading of property to the north while still providing adequate solar access for collectors. (7) Solar energy equipment shall not be sited within any required buffer areas. (8) The total surface area of all ground-mounted and freestanding solar collectors on a lot shall not exceed the area of the ground covered by the building structure of the largest building on the lot measured from the exterior walls, excluding patios, decks, balconies, screened and open porches and attached garages. Installations on nonresidential properties exceeding the size may be approved by the Planning Board subject to site plan review pursuant to §179-9-020. (9) The area beneath ground-mounted and freestanding solar collectors shall be included as 100% plan form in the maximum horizontal tilt configuration in calculating whether the lot meets maximum permitted lot building coverage and lot surface coverage requirements for the applicable district, notwithstanding that the collectors are not "buildings." (10) The installation of ground-mounted and freestanding solar collectors shall be considered a development or development activity for purposes of Section 147 Stormwater Management. (11) Solar thermal systems shall comply with the following conditions: (a) Solar energy system building permits are required for the installation of solar thermal systems. (7) (b) Ground-mounted and freestanding solar thermal systems shall be subject to the same requirements set forth above for ground-mounted and freestanding photovoltaic solar collectors. (12) All solar energy systems and equipment shall be permitted only if they are determined by the Town Building Inspector and Zoning Administrator not to present any unreasonable safety risks. Refer to New York's Uniform Fire Prevention and Building Code standards. (13) Prevention of glare. All solar collectors and related equipment shall be surfaced, designed and sited so as not to reflect glare onto adjacent properties. G. Solar Farms. Solar farms shall be permitted in the HI, CLI and LC subject to special use permit and thereby triggering the need site plan review and approval by the Planning Board, subject to the requirements of this chapter and the design standards found in Chapter 10, Special Use Permits. H. Building Mounted, Ground and Free standing Installation Safety. (1) All solar collector installations must be performed by a qualified solar installer. (2) Prior to operation, electrical connections must be inspected by the Town's Building Inspector and by an appropriate electrical inspection person or agency, as determined by the Town's Director of Building and Codes. (3) Any connection to the public utility grid must be inspected by the appropriate public utility. (4) Solar energy systems shall be maintained in good working order. (5) Rooftop and building-mounted solar collectors shall meet New York's Uniform Fire Prevention and Building Code standards. (8) (6) If solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of the Town and other applicable laws and regulations. (7) If a solar collector ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector mount and associated equipment by no later than 90 days after the end of the twelve-month period. (8) Marking of equipment. (a) Solar energy systems and equipment shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system. Materials used for marking shall be weather-resistant. For residential applications, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover. (b) For commercial application, the marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the lever is operated. (c) In the event any of the standards in this Subsection H for markings are more stringent than applicable provisions of the New York State Uniform Fire Prevention and Building Code (the "State Code"), they shall be deemed to be guidelines only and the standards of the State Code shall apply. Enforcement and Penalties for Offenses. All solar energy systems requiring solar energy system building permits shall be subject to the provisions of Article 17, Enforcement, of this Chapter. J. Appeals. (9) • (1) If a solar energy system building permit is denied based upon a failure to meet the requirements of this Section, the applicant may seek relief from the Zoning Board of Appeals in accordance with the established procedures and time limits of Article 14 the Zoning Code and New York State Town Law. K. Building Permit Fees for Solar Installations. The fees for all solar energy system building permits required pursuant to this Section shall be paid at the time each building permit application pursuant to the Fee Schedule of the Town of Queensbury. 179-10-070 Specific Standards DD. Solar Farms (1) Solar farms shall require a minimum land area of 5 acres. (2) Solar farms shall be enclosed by perimeter fencing to restrict unauthorized access at a height consistent with current Fence code. See §179-5-070. However, the Planning Board shall have the discretion to vary or eliminate this requirement where the Planning Board has determined that safety and security at the site will be assured by alternate methods. (3) The manufacturer's and installer's identification and appropriate warning signage and emergency contact information shall be posted at the site and clearly visible. (4) Solar farm buildings and accessory structures shall, to the extent reasonably possible, use materials, colors and textures that will blend the facility into the existing environment. (5) Appropriate landscaping and/or screening materials may be required to help screen the solar farm and accessory structures from major roads and neighboring residences pursuant to Article 8 of Chapter 179. (6) The average height of the solar panel arrays shall not exceed twelve (12) feet. However, the Planning Board shall have the discretion to permit the solar panel arrays to exceed the height limitation of twelve (12) feet to the extent necessary, as determined by the Planning Board, to achieve the intended (10) purpose of the solar collectors. Such determination shall be made in consideration of the design of the solar collectors and the subject property's natural and proposed characteristics, including, but not limited to, topography, existing and proposed vegetative buffers, and proximity to residential and/or commercial uses. (7) Solar farm and solar power plant panels and equipment shall be surfaced, designed, and sited so as not to reflect glare onto adjacent properties, facilities, and roadways. (8) On-site power lines shall, to the maximum extent practicable, be placed underground. (9) All applications for solar farms shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with the removal of the structure, which shall be reviewed and approved by the Town Board. (10) The following requirements shall be met for decommissioning: (a) Solar farms and solar power plants which have not been in active and continuous service for a period of one year shall be removed at the owners' or operators' expense within six months of the date of expiration of the one year period. (b) All above ground and below ground equipment, conduits, structures, fencing and foundations shall be removed from the site to a depth of at least three feet below grade. (c) The site shall be restored to as natural a condition as possible within six months of the removal of all equipment, structures and foundations. Such restoration shall include, where appropriate, restoration of the surface grade and soil after removal of all equipment and revegetation of restored soil areas with native seed mixes. (d) The Planning Board shall, as a condition of approval, require the posting of a removal bond of the solar farm's and solar power plant's equipment. In lieu of a removal bond, the Town Board, in its discretion, may permit the owner and/or operator to enter into a decommissioning agreement with the Town which provides, in relevant part, that if the decommissioning of the site is not completed within six months of the time period specified in Subsection 10(a) above, and/or the restoration is not completed within the time period specified in Subsection 10(c) above, the Town may, at its own (11) expense, enter the property and remove or provide for the removal of the structures and equipment and/or the restoration of the site, as the case may be, in accordance with the decommissioning plan. Such agreement shall provide, in relevant part, that the Town may recover all expenses incurred for such activities from the defaulting property owner and/or operator. The cost incurred by the Town shall be assessed against the property and shall become a lien and tax upon said property and shall be added to and assessed as part of the taxes to be levied and assessed thereon and enforced and collected with interest in the same manner as other taxes. This provision shall not preclude the Town from collecting such costs and expenses by any other manner by action in law or in equity. In the event of any such legal proceedings, the owner and/or operator, as the case may, be shall be liable for all legal expenses, costs and disbursements in connection with said litigation, as awarded by a court of competent jurisdiction. Section 4. Severability—The provisions of this Local Law are severable. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall apply only to the clause, sentence, paragraph or provision adjudged invalid and shall not invalidate any other clause, sentence, paragraph or part thereof and the rest of this Local Law shall remain valid and effective. Section 5. Repealer —All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. In particular, this Local Law is specifically intended to supersede the amended provisions of the current Town of Queensbury Zoning Law. Section 6. Effective Date — This Local Law shall take effect upon filing by the office of the New York State Secretary of State or as otherwise provided by law. (12) ZONING 179 Attachment 2 Town of Queensbury Table 2:Summary of Allowed Uses in Residential Districts lAmended 1-28-2011 by L.L.No.2-2011;3-18-2013 by L.L.No.2-2013; 7-21-2014 by L.L.No.2-2014;4-20-2015 by L.L.No.2-2015; 5-6-2019 by L.L.No.4-20191 KEY AU = Accessory Use or Structure PU = Permitted Use SPR = Site Plan Review Use SUP = Special Use Permit Required Blank = Not Permitted Land Moderate Density Neighborhood Parkland Rural Waterfront Conservation Residential Residential Recreation Residential Residential LC-10 PR-10 RR-3 Residential Use Table LC-42 MDR NR PR-42 RR-5 WR Agricultural service/retail SPR SPR Agricultural use SPR SPR SPR Bed-and-breakfast SPR SPR SPR SPR SPR Boat storage facility SUP SUP Boathouse SPR Campground SUP Cemetery SPR SPR SPR SPR Class A marina SUP' Class B marina PU 179 Attachment 2:1 06-01-2019 QUEENSBURY CODE Land Moderate Density Neighborhood Parkland Rural Waterfront Conservation Residential Residential Recreation Residential Residential LC-10 PR-10 RR-3 Residential Use Table LC-42 MDR NR PR-42 RR-5 WR Commercial boat sales/service/storage SUP Condominium development or unit PU SPR Day-care center Duplex PU3 PU3 PU3 Food service SUP Golf course and/or country club SUP Golf driving range SUP Group camp SPR SPR Home occupation PU AU AU AU AU Kennel SUP SUP Library SPR SPR SPR Mobile home' PU' PU' Motel SUP Multifamily dwelling SPR SPR Nursery SPR SUP SUP Outdoor recreation SPR SPR SPR SPR Personal service SUP Place of worship SPR SPR SPR SPR SPR SPR Playground SPR SPR SPR SPR • 179 Attachment 2:2 06-01-2019 ZONING Land Moderate Density Neighborhood Parkland Rural Waterfront Conservation Residential Residential Recreation Residential Residential LC-10 PR-10 RR-3 Residential Use Table LC-42 MDR NR PR-42 RR-5 WR Private school SPR SPR SPR Produce stand less than 100 square feet PU PU PU PU PU PU Produce stand greater than 100 square feet SPR SPR SPR SPR SPR SPR Public or semipublic building SPR SPR SPR SPR SPR SPR Riding academy SPR SPR SPR Sand,gravel and topsoil extraction, SUP' commercial Sawmill,chipping or pallet mill SUP SUP Single-family dwelling PU/SPR2 PU PU PU PU PU Solar Farm SUP Sportmen's club/firing range SUP Townhouse SPR Veterinary clinic SPR SUP SUP Water extraction SPR Allowed within Mobile Home Overlay District;additional regulations apply. ' Site plan review required for properties within the Adirondack Park. More than one duplex per parcel requires site plan review. 4 Limited to parcel sites of 25 acres or greater. Class A Marinas not allowed on Glenn Lake, Sunnyside Lake and Dream Lake. 179 Attachment 2:3 06-01 -2019 ZONING 179 Attachment 4 Town of Queensbury Table 4: Summary of Allowed Uses in Industrial Districts [Amended 4-19-2010 by L.L.No. 7-2010; 1-28-2011 by L.L. No. 2-2011; 2-27-2012 by L.L.No.3-2012; 2-22-2016 by L.L. No. 1-20161 KEY PU = Permitted Use SPR = Site Plan Review Use SUP = Special Use Permit Blank = Not Permitted Veteran's Field Commercial Light Heavy Light Industrial Industrial Industrial Industrial Use Table VF-LI CLI HI Adult use establishment SUP Agricultural service use SPR Asphalt plant SPR Assembly operation/use PU3 Automobile service SPR Building supply/lumberyard SPR Bus storage facility SPR Business service SPR Cement manufacturing SPR Chemical plant SPR Construction company SPR Distribution center SPR Electric power plant SPR Food service SPR' SPR Fuel supply depot SPR Funeral home SPR Health-related facility SPR Heavy equipment SPR storage/sales/services Heavy industry SPR Junkyard SUP 179 Attachment 4:1 04-01-2016 • QUEENSBURY CODE Veteran's Field Commercial Light Heavy Light Industrial Industrial Industrial Industrial Use Table VF-LI CLI HI Kennel SUP Light manufacturing SPR SPR Limousine service SPR Logging company SPR Mineral extraction SUP Mobile home' PU' Office, large SPR Office, small SPR Parking structure SPR SPR Public or semipublic building SPR Railroad service or repair facility SPR Recycling center SUP SPR Repossession business SPR Research and development facility PU' SPR Retail SPR4 Sand and gravel processing SPR Sawmill, chipping and pallet mill SUP SPR School SPR Self-storage facility SPR Solar Farm SUP SUP Telecommunications tower SPR SPR Truck depot SPR SPR TV or radio station SPR SPR Veterinary clinic SPR Warehouse SPR SPR Wholesale business SPR Allowed within those portions of the district falling within the Mobile Home Overlay District. See zoning map.Additional regulations apply. 2 Drive-through windows are not allowed. See the findings statement for the Veteran's Field Industrial Park environment impact statement for provisions relating to this district. Commercial uses such as retail and services are allowed with certain restrictions as to size and location. 179 Attachment 4:2 04-01-2016 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 applicant or project sponsor to verify that the information contained in Part lis accurate and complete. A.Project and Applicant/Sponsor Information. Name of Action or Project: Adoption of a Local Law Amending Queensbury Zoning Law to establish renewable energy systems and facilities regulations Project Location(describe,and attach a general location map): Townwide-Town of Queensbury,NY Brief Description of Proposed Action(include purpose or need): Purpose:(1)To provide for and encourage renewable enery systems and a sustainable quality of life and(2)to facilitate development and operation of renewable energy systems while minimizing adverse impacts on neighboring properties so as to protect the public health,safety and welfare. Action:Amendment to Chapter 179"Zoning"of the Queensbury Town Code to: (1)establish renewable energy systems and facilities regulations (2)add specific standards for Solar Farms and (3)allow Solar Farms by Special User Permit/Site Plan Review in the Heavy Industrial,Commercial Light Industrial and Land Conservation zoning districts. Name of Applicant/Sponsor: Telephone:(518)761-8229 Town Board,Town of Queensbury E-Mail: QbySupervisor@queensbury.net Address:742 Bay Road City/PO:Queensbury State:NY Zip Code:12804 Project Contact(if not same as sponsor;give name and title/role): Telephone:(518)761-8218 Craig Brown,Director of Planning&Zoning E-Mail: craigb@queensbury.net Address: 742 Bay Road City/PO: State: Zip Code: Queensbury NY 12804 Property Owner (if not same as sponsor): Telephone: N/A E-Mail: Address: City/PO: State: Zip Code: Page 1 of 13 FEAF 2019 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 Counsel,Town Board, ®Yes❑No Town Board adoption 9/28/2020 or Village Board of Trustees b.City,Town or Village ®Yes❑No Town Planning Board recommendation 8/17/2020 Planning Board or Commission c.City,Town or ❑Yes®No Village Zoning Board of Appeals d.Other local agencies DYesDNo e.County agencies ®Yes❑No Warren County Planning Department 239-m 8/21/2020 review f.Regional agencies ❑Yes®No g.State agencies ®Yes❑No Adirondack Park Agency approval 8/19/2020 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? DYes IZINo 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.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...ranted to enable the proposed action to proceed? • 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): Upper Hudson River Watershed Revitalization Plan,March 2020 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): An Open Space Vision for the Town of Queensbury,July 2003 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? All 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? Amendments permitting and regulating solar installations C.4.Existing community services. a.In what school district is the project site located? Glens Falls,Lake George,Queensbury Union Free,Hudson Falls b.What police or other public protection forces serve the project site? Warren County Sheriffs Department,NY State Police c.Which fire protection and emergency medical services serve the project site? All local fire departments and EMS services d.What parks serve the project site? All local,county and state recreation facilities D.Project Details D.1.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)? b.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 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 DNo 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 iii. Number of lots proposed? iv. Minimum and maximum proposed lot sizes? Minimum Maximum e.Will the 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 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? ❑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? ❑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: i. 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 the proposed action cause or result in disturbance to bottom sediments? ❑Yes❑No If Yes,describe: iv. Will the 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? ❑Yes❑No 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? DYes❑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 DNo 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),what is the maximum pumping capacity: gallons/minute. d.Will the proposed action generate liquid wastes? LI Yes DNo 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❑N° 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 DNo Page 5ofl3 • Do existing sewer lines serve the project site? ❑Yes❑No • Will a 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. 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 the 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, Dyes❑No or Federal Clean Air Act Title IV or Title V Permit? If Yes: i. 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(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.Will the proposed action generate or emit methane(including,but not limited to,sewage treatment plants, DYesDNo 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 DYesDNo 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 DYesDNo new demand for transportation facilities or services? If Yes: i. When is the peak traffic expected(Check all that apply): 0 Morning 0 Evening OWeekend ❑Randomly between hours of to U. For commercial activities only,projected number of truck trips/day and type(e.g.,semi trailers and dump trucks): 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'/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 DYesDNo 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 DYesDNo for energy? If Yes: i. 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? DYesDNo 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, ❑Yes❑No operation,or both? If yes: i. Provide details including sources,time of day and duration: ii. Will the proposed action remove existing natural barriers that could act as a noise barrier or screen? ❑Yes❑No Describe: n.Will the proposed action have outdoor lighting? ❑Yes❑No 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? El Yes❑No Describe: o. Does the proposed action have the potential to produce odors for more than one hour per day? ❑Yes❑No 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❑No 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 the proposed storage facilities: q.Will the proposed action(commercial,industrial and recreational projects only)use pesticides(i.e.,herbicides, ❑Yes ❑No insecticides)during construction or operation? If Yes: i. Describe proposed treatment(s): ii. 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 ❑No 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 8of13 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 the 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? ❑Yes❑No 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 ❑ Residential(suburban) ❑ Rural(non-farm) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(specify): 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 • Forested • Meadows,grasslands or brushlands(non- agricultural,including abandoned agricultural) • Agricultural (includes active orchards,field,greenhouse etc.) • Surface water features (lakes,ponds,streams,rivers,etc.) • Wetlands(freshwater or tidal) • Non-vegetated(bare rock,earth or fill) • Other Describe: 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 ii. Dam's existing hazard classification: iii. 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: i. Has the facility been formally closed? ❑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: iii. 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: i. 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 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 ONO • Explain: E.2. Natural Resources On or Near Project Site a.What is the average depth to bedrock on the project site? 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: d.What is the average depth to the water table on the project site? Average: feet e.Drainage status of project site soils:❑ Well Drained: %of site ❑ Moderately Well Drained: %of site ❑ Poorly Drained %of site f.Approximate proportion of proposed action site with slopes: ❑ 0-10%: %of site ❑ 10-15%: %of site ❑ 15%or greater: %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 • 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 DYes❑No waterbodies? If yes,name of impaired water body/bodies and basis for listing as impaired: i.Is the project site in a designated Floodway? DYes['No j.Is the project site in the 100-year Floodplain? DYes['No k.Is the project site in the 500-year Floodplain? ❑Yes❑No 1.Is the project site located over,or immediately adjoining,a primary,principal or sole source aquifer? Dyes['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? DYes❑No If Yes: i. Describe the habitat/community(composition,function,and basis for designation): ii. Source(s)of description or evaluation: iii. 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❑No endangered or threatened,or does it contain any areas identified as habitat for an endangered or threatened species? If Yes: i. Species and listing(endangered or threatened): p. Does the project site contain any species of plant or animal that is listed by NYS as rare,or as a species of DYesDNo special concern? If Yes: i. Species and listing: q.Is the project site or adjoining area currently used for hunting,trapping,fishing or shell fishing? DYesDNo 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 DYesDNo 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? DYesDNo i. If Yes:acreage(s)on project site? ii. 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 DYesDNo 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? DYesDNo If Yes: i. CEA name: ii. Basis for designation: iii. 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 the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State 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 DYes DNo 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? DYes❑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: ii. Nature of,or basis for,designation(e.g.,established highway overlook,state or local park,state historic trail or scenic byway, etc.): iii. Distance between project and resource: 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 Town Board,Town of Queensbury Date 9/28/2020 Signature John F.Strough,III Title Town Supervisor PRINT FORM Page 13 of 13 Agency Use Only[If applicable] Full Environmental Assessment Form Project: ILL_of 2020:Renewable Energy Systems Part 2-Identification of Potential Project Impacts Date: I9/28/2020 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 ❑YES the land surface of the proposed site. (See Part 1.D.1) If"Yes", answer questions a-j. If"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 D2a ❑ ❑ 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 D2e,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 FEAF 2019 • 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 DYES minerals, fossils, caves). (See Part 1. E.2.g) If"Yes", answer questions a-c. If"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: E2g ❑ ❑ b.The proposed action may affect or is adjacent to a geological feature listed as a E3c 0 ❑ 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 DYES bodies(e.g., streams,rivers,ponds or lakes). (See Part 1.D.2,E.2.h) If"Yes", answer questions a-1. If"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. D2b,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 D2a ❑ ❑ 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, D2a,D2h ❑ ❑ runoff or by disturbing bottom sediments. f.The proposed action may include construction of one or more intake(s)for withdrawal D2c ❑ ❑ 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, Dla,D2d ❑ ❑ 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 ZNO ❑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 5. 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 D2c ❑ ❑ on supplies from existing water supply wells. b.Water supply demand from the proposed action may exceed safe and sustainable D2c ❑ ❑ 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,D2c ❑ ❑ sewer services. d.The proposed action may include or require wastewater discharged to groundwater. D2d,E21 ❑ ❑ e.The proposed action may result in the construction of water supply wells in locations D2c,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 D2p,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,D2c h. Other impacts: ❑ 0 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. IZ NO ❑YES (See Part 1. E.2) If"Yes", answer questions a-g. If"No", move on to Section 6. Relevant No,or Moderate Part I 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 0 El c.The proposed action may result in development within a 500 year floodplain. E2k 0 ❑ d.The proposed action may result in,or require,modification of existing drainage D2b,D2e ❑ ❑ patterns. e.The proposed action may change flood water flows that contribute to flooding. D2b,E2i, 0 ❑ E2j,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 El El or upgrade? Page 3 of 10 g.Other impacts: ❑ ❑ 6. Impacts on Air The proposed action may include a state regulated air emission source. 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(N20) D2g ❑ El 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 D2f,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 El ❑ 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 If"Yes", answer questions a-j. If"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 El El 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 ❑ ❑ 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 ❑ ❑ 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 ❑ El 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 ❑ ❑ 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 ❑ ❑ portion of a designated significant natural community. Source: g.The proposed action may substantially interfere with nesting/breeding,foraging,or E2m ❑ 0 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 ❑ ❑ 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 ❑ ❑ herbicides or pesticides. j.Other impacts: 0 ❑ 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1.E.3.a.and b.) VINO EYES If"Yes", answer questions a-h. If"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 ❑ ❑ NYS Land Classification System. b.The proposed action may sever,cross or otherwise limit access to agricultural land Ela,Elb ❑ ❑ (includes cropland,hayfields,pasture,vineyard,orchard,etc). c.The proposed action may result in the excavation or compaction of the soil profile of E3b ❑ ❑ active agricultural land. d.The proposed action may irreversibly convert agricultural land to non-agricultural Elb,E3a ❑ ❑ 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 ❑ ❑ management system. f.The proposed action may result,directly or indirectly,in increased development C2c,C3, ❑ ❑ potential or pressure on farmland. D2c,D2d g.The proposed project is not consistent with the adopted municipal Farmland C2c o ❑ 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 rijNO ❑YES sharp contrast to,current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.1.a,E.1.b,E.3.h.) If"Yes", answer questions a-g. If"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 i. Seasonally(e.g.,screened by summer foliage,but visible during other seasons) ❑ ❑ ii.Year round ❑ ❑ d.The situation or activity in which viewers are engaged while viewing the proposed E3h action is: E2q, i. Routine travel by residents,including travel to and from work ❑ ❑ ii.Recreational or tourism based activities E1c ❑ ❑ 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,D1g 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 1=1NO 0 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 to,any buildings,archaeological site or district which is listed on the National or E3e ❑ ❑ State Register of Historical Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State 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: ❑ ❑ If any of the above(a-d)are answered"Moderate to large impact may e• occur",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 E3e,E3g, ❑ ❑ of the site or property. E3f ii. The proposed action may result in the alteration of the property's setting or E3e,E3f, ❑ ❑ integrity. E3g,Ela, Elb iii. The proposed action may result in the introduction of visual elements which E3e,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 nNO 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.) If"Yes", answer questions a-e. If"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. E2m,E2o, E2n,E2p b.The proposed action may result in the loss of a current or future recreational resource. C2a,Elc, ❑ ❑ C2c,E2q 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,Elc ❑ ❑ 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 ✓l NO n YES environmental area(CEA). (See Part 1.E.3.d) If"Yes", answer questions a-c. If"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. EINO ❑YES (See Part 1. D.2.j) If"Yes", answer questions a-f. If"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. NO YES (See Part 1.D.2.k) If"Yes", answer questions a-e. If"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 Dlf, ❑ ❑ or supply system to serve more than 50 single or two-family residences or to serve a D1q,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 El YES (See Part 1.D.2.m.,n., and o.) If"Yes", answer questions a-f. If"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, D2m,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 1.D.2.q.,E.1. d. f. g.and h.) If"Yes", answer questions a-m. If"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 E 1 d El El 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 El El 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,Elf ❑ ❑ management facility. h.The proposed action may result in the unearthing of solid or hazardous waste. D2q,Elf ❑ ❑ i.The proposed action may result in an increase in the rate of disposal,or processing,of D2r,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 S 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. ZNO EYES (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). E 1 a,E l b b.The proposed action will cause the permanent population of the city,town or village C2 El ❑ 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. Dld,Dlf, Dld,Elb f.The proposed action is located in an area characterized by low density development C4,D2c,D2d ❑ ❑ that will require new or expanded public infrastructure. D2j g.The proposed action may induce secondary development impacts(e.g.,residential or C2a ❑ ❑ 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. QNO DYES (See Part 1. C.2,C.3,D.2,E.3) If"Yes", answer questions a-g. If"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 ❑ El schools,police and fire) c.The proposed action may displace affordable or low-income housing in an area where C2,C3,D l f ❑ ❑ there is a shortage of such housing. Dlg,Ela d.The proposed action may interfere with the use or enjoyment of officially recognized C2,E3 ❑ ❑ 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 El ❑ Ela,Elb E2g,E2h g.Other impacts: ❑ El PRINT FULL FORM Page 10 of 10 Agency Use Only [IfApplicablel Project: LL of 2020:Renewable Energy Systems Date: wmuo 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. No impacts were identified in Part 2 of the EAF. Determination of Significance-Type 1 and Unlisted Actions SEQR Status: ©Type 1 ❑Unlisted Identify portions of EAF completed for this Project: ©Part 1 m Part 2 ©Part 3 FEAF 2019 0 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 Town Board,Town of Queensbury 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 617.7(d)). ❑ 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: Adoption of LL of 2020:to Establish Renewal Energy Systems and Facilities Regulations Name of Lead Agency: Town Board,Town of Queensbury Name of Responsible Officer in Lead Agency: John F.Strough,Ill Title of Responsible Officer: Town Supervisor Signature of Responsible Officer in Lead Agency: Date:Signature of Preparer(if different from Responsible Officer) /- Date: ?( /2020 For Further Information: Contact Person:Craig Brown,Director of Planning&Zoning Address: Town of Queensbury,742 Bay Road,Queensbury,NY 12804 Telephone Number:(518)761-8218 E-mail:craigb©queensbury.net 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.nv.gov/enb/enb.html PRINT FULL FORM Page 2 of 2