SOLAR LAW ADOPTED IN PINE PLAINS
Pine Plains has passed a new law regulating solar panel construction, ending a moratorium on ground-based installations and addressing large-scale solar “farms” for the first time.
The new law creates three “tiers” for solar panel installation in the town. The first two apply to installations that supply power only to the site of the installation, such as a home or business. The new regulation specifically prohibits offsite use of power generated by these installations and limits their output to slightly more than what the site itself can use or could reasonably expect to use in the future.
The first tier regulates panels mounted on building roofs and allows the town code enforcement officer to approve installations in any part of the town. The second tier regulates ground-mounted panels, and requires planning board approval for any installation. Depending on the property’s location and, occasionally, its size, other restrictions can include height and setback limits, requiring screening to hide the panels from view, or specific placement of the panels on the property.
The last tier regulates larger, and presumably commercial, installations – the so-called solar farms that have been proliferating across the country – and provides the town with far greater powers of oversight than do the first two tiers.
Any installation that is designed to generate more power than the site can use will require a special use permit. Obtaining such a permit requires a detailed site plan, a meeting with the planning board before the permit application is filed, a subsequent public hearing and planning board review and approval. The process can also include review under the State Environmental Quality Review Act. In addition, the new law requires that the developer submit an operating and maintenance plan, show how vegetation and habitat would be preserved “to the greatest extent possible,” and that impact to vegetation and habitat is minimized. The law also requires the developer to include a decommissioning plan and a method to pay for it and limits the percentage of land that can be covered by the panels.
A SOLAR PROJECT HAS BEEN PROPOSED
The solar industry has wasted no time in moving to take advantage of Pine Plains’ new solar law. Carson Power LLC, a New York-based solar power developer, has submitted a preliminary site plan for 44 acres of solar panels in Pine Plains, and recently held its first pre-application meeting with the town planning board. A completed application for the project is expected to be submitted by the end of the year.
Carson is proposing two five-megawatt installations of panels just west of Pulver’s Corners and a short distance south of the Central Hudson substation on Route 199. The parcel consists of 172 acres that is partially wooded and partially farmed for corn. According to Carson Power, about 44 of those acres will be covered by the solar panels; the balance will remain as open space, much in agricultural use. The project would be a “community solar” project, and area residents would be able to subscribe to receive electricity from the Pulver’s Corners solar array.
The developer held a second pre-meeting with the planning board on December 14 to answer questions raised at the first meeting. The planning board has tentatively scheduled, Saturday, January 21, 11:00 am, at the Community Room above the Library, for an explanation of the project by Carson Power representatives and a required public hearing, the next step in the town’s approval process. Stay tuned for more information and updates on this venture into alternative energy in Pine Plains.