Legislation Details

File #: TMP -275    Version: 1
Type: Resolution Status: Adopted
File created: 12/7/2023 In control: City Council
On agenda: 12/13/2023 Final action: 12/13/2023
Title: City Council: A Resolution of the City of Mount Vernon City Council designating itself as the lead agency for proposed code amendments regarding solar energy legislation, referring the amendments to the City Corporation Counsel, City Planning Board, and Westchester County Planning Board, and scheduling a public hearing.
Sponsors: PSC
Attachments: 1. Referral - Solar Energy.pdf

A RESOLUTION OF THE CITY OF MOUNT VERNON

CITY COUNCIL DESIGNATING ITSELF AS LEAD

AGENCY FOR PROPOSED CODE AMENDMENTS

REGARDING SOLAR ENERGY LEGISLATION,

REFERRING THE AMENDMENTS TO THE

CITY CORPORATION COUNSEL, CITY

PLANNING BOARD, AND WESTCHESTER

COUNTY PLANNING BOARD,

AND SCHEDULING A PUBLIC HEARING

WHEREAS, the City Council of the City of Mount Vernon proposes to amend the Code of the City of Mount Vernon (“Code”) to enact Chapter 224A entitled “Solar Energy,” to repeal Code Section 267-14K, and to amend Code Section 267-29 regarding the issuance of a special permit for certain types of solar energy systems; and

WHEREAS, the City Council finds that it is necessary and desirable, as a matter of public policy, to promote sustainable building design and practices, to promote consumer choice and allow residents and businesses to use local, renewable energy while displacing fossil fuel generation, and to improve air quality; and

WHEREAS, the City Council, in conjunction with its Staff, prepared a draft “A Local Law to Enact Chapter 24A (Solar Energy) and Amend Chapter 267 (Zoning) of the Code of the City of Mount Vernon Regarding Solar Energy Systems” (“Code Amendment”), a copy of which is annexed to this Resolution; and

WHEREAS, the Code Amendment is classified as an Unlisted Action under the New York State Environmental Quality Review Act and its implementing regulations, 6 N.Y.C.R.R. Part 617 (“SEQRA”); and 

WHEREAS, the City Council desires to designate itself as Lead Agency for the uncoordinated review of the Code Amendment under SEQRA pursuant to 6 N.Y.C.R.R. Section 617.6(b)(1); and  

WHEREAS, the City Council is required to refer the Code Amendment to the Corporation Counsel and Planning Board for their respective reviews and reports pursuant to Section 267-59 of the Code; and

WHEREAS, Section 267-59 of the Code requires the Corporation Counsel and the Planning Board to report its recommendations to the City Council with respect to the Code Amendment within 30 days after referral; and

WHEREAS, the City Council is also required to refer the Code Amendment to the Westchester County Planning Board pursuant to Section 267-62 of the Code, and Section 239-m of the General Municipal Law; and

WHEREAS, the City Council is desirous of scheduling a Public Hearing on the Zoning Amendment for January [ 10 ], 2024 pursuant to Section 267-60 of the Code.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby designates itself as Lead Agency for review of the Code Amendment under SEQRA; and

BE IT FURTHER RESOLVED, that the City Council authorizes the City Clerk to refer the Code Amendment to the City of Mount Vernon Corporation Counsel and Planning Board for their respective reports pursuant to Section 267-59 of the Code; and be it

BE IT FURTHER RESOLVED, that the City Council authorizes the City Clerk to refer the Code Amendment to the Westchester County Planning Board in accordance with Section 267-62 of the Code, and Section 239-m of the General Municipal Law; and

 

 

BE IT FURTHER RESOLVED, that the City Council shall hold a Public Hearing on the Code Amendment on January [ 10 ], 2024, at 7:00 p.m. in City Hall, Council Chambers - Room 206, 1 Roosevelt Square N., Mount Vernon, New York, 10550, where public comment will be heard regarding the Code Amendment, and written comments on the Code Amendment are requested, and will be accepted by the City Council up to ten (10) days following the close of the Public Hearing; and

BE IT FURTHER RESOLVED, that the City Clerk shall arrange to fulfill the notice requirements for the Public Hearing pursuant to Section 267-61 of the Code; and

FURTHER RESOLVED, that this Resolution shall take effect immediately.