Delaware considers commercial solar zoning law

Posted 8/21/12

HORTONVILLE, NY — Citizens turned out at the Town of Delaware Town Board meeting specifically to hear about the town’s zoning regarding commercial solar panels. Supervisor Ed Sykes acknowledged …

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Delaware considers commercial solar zoning law

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HORTONVILLE, NY — Citizens turned out at the Town of Delaware Town Board meeting specifically to hear about the town’s zoning regarding commercial solar panels. Supervisor Ed Sykes acknowledged the citizens’ presence as he spoke about the zoning law amendment.

Sykes asked if the board could introduce the Local Law 1 as well as pass a moratorium on commercial solar farms. On learning that it could, the board passed a resolution introducing the law. There will be a public hearing at the next town board meeting on June 8, at 6:30 p.m. prior to the regular meeting.

The issue that the town has with commercial solar panels, Sykes said, is that they are exempt from taxation, and are considered under the PILOT program. The moratorium would “stop the clock” on applications for and the construction of solar panel sites. “I’m not trying to discourage solar, but it’s not fair to carry it on the backs of the town taxpayers,” Sykes said.

Sykes said the town currently has six applications for commercial solar, but those will be put on hold if the moratorium passes. The town board planned to meet in two weeks to draft the moratorium to be voted on at the next meeting.

Dissecting Local Law 1

Outlined are a few of the key components of the zoning amendment law:

“Non-farm commercial solar systems generating 25kW or more of energy for sale… shall be considered Special Uses…”

(2) “Nothing in this law shall be deemed to give any applicant the right to cut down surrounding trees and vegetation on any adjoining property to increase direct sunlight to the solar energy facility.”

(3b) The site plan must include “Proposed changes to the landscape of the site…”

(4) “All ground-mounted panels shall not exceed twelve feet in height.”

(6) The total surface area “shall not exceed 25% of the total lot area.”

(7) “A vegetated perimeter buffer shall be installed and/or maintained to provide year-round screening of the system from adjacent properties.”

(10) The components “shall have a minimum 100-foot setback from any lot lines.”

During public comment, architect Michael Chojniki said he spoke to solar installers, and their comments were that the limit of 12 feet is too low, and that it shouldn’t be limited. Sykes responded that other laws he’s seen have a limit of eight feet. “I thought this is pretty liberal,” he said.

Another resident said, “What we heard tonight is what we want to hear.” He said he lives on Route 97 and wouldn’t want the Scenic Byway to lose its scenic overlooks. He said the town should “regulate where it goes, and how it goes.”

The law can be viewed on the town’s website.

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