By Jason Emerson

Editor

The Cazenovia Town Board has reintroduced a proposed law that would regulate the construction of solar energy systems within the town after the county planning board reviewed the proposal and suggested changes. The changes being included, while not enormous, are substantive enough that the board felt it should reintroduce the law and hold another public hearing on it before taking a vote.

“Interest in all types of renewable energy is growing — this includes solar, wind and micro-hydro. The town has a responsibility to make sure that energy system installations — in this case solar energy systems — are designed, constructed and sited in a way that protects the public’s health and safety and preserves our community’s rural character,” said Councilor Kristi Andersen, who has been spearheading the code revision with Town Attorney John Langey.

Local Law I of 2016 would amend chapter 165 of the town code to permit and regulate the construction of solar energy systems within the town “in a manner that preserves the health, safety and welfare of the town while also facilitating the production of renewable energy,” according to the legislation. The law would allow for the regulation of the placement and use of solar systems in the town through a coordinated special use permit and site plan review by both the town planning board and zoning board of appeals.

While the legislation addresses all types of solar array construction, including those for individual and commercial use, its main focus is to regulate the construction of proposed solar farms.

The impetus behind the law was a verbal proposal to the town board a few months ago for the possible construction of a solar farm in New Woodstock a bit east of the intersection of routes 13 and 80, Andersen said.

If approved, the new regulations would apply to all solar energy systems installed or modified after the law takes effect.

The resolution was initially introduced at the board’s July meeting and a copy of the law sent to the Madison County Planning Department for review. A public hearing was conducted at the town board’s August meeting. About one week after that meeting, the Madison County Planning Department issued its report on the proposed law, which contained multiple comments and suggested amendments to the legislation.

At the board’s Sept. 12 meeting, Langey said he and Andersen amended the proposed law to include some of the county’s suggestions. The revisions include clarifying and amending the requirements for rooftop mounted solar energy systems and “affirmatively stating” that the area beneath some solar systems will not be included as impervious surface coverage in calculating maximum allowable lot coverage.

Andersen said the proposed law still protects the viewsheds of properties neighboring solar farm arrays, contains remediation clauses requiring solar farm owners to entirely remove all structures and apparatus if it ceases to be used for 12 consecutive months and discourages solar panels that contain heavy metal.

Because of the amendments to the proposed law, the board agreed that it should hold another public hearing on the revised law, and scheduled that hearing for 7:30 p.m. Monday, Oct. 3, during the board’s next regular meeting.

The proposed law regulates the construction of four types of solar energy systems in the town: integrated into a structure, rooftop systems, individually standing systems and solar farms. The law details zoning districts in which each type of array is allowed or prohibited, the types of permits required, height and setback requirements, safety requirements for firefighter and emergency responder safety and other planning details.

For solar farms – which the majority of the law addresses — the legislation also details the requirements to acquire a special use permit from the town, the submission requirements and criteria for site plan review and the requirement that a public hearing be held before any municipal board can issue any permits or approvals for a proposed solar farm.

Copies of proposed Local Law I of 2016 can be accessed through the town of Cazenovia website at townofcazenovia.org or obtained in person at the town office at 7 Albany St.