Guidelines cover private, commercial systems
Philipstown is reviewing draft regulations for solar panels that would limit heights and tree-cutting and require solar farms to repair any damage if they remove the systems.
Jason Angell, a member of the Town Board and its solar advisory committee, proposed a law on Oct. 3 that would regulate the installation of certain solar systems by homeowners and businesses and commercial-scale energy farms.
The guidelines, Angell said, were crafted based on laws in other municipalities and model legislation created by the New York State Energy and Research Development Authority (NYSERDA), which administers solar tax credits and financing programs.
According to data from the agency, solar installers completed 35 residential projects in Philipstown in 2023, compared to 21 the previous year. Eighteen residential projects have been completed through Sept. 30 of this year.
The projects are one element of the state goal to generate 70 percent of its electricity from renewables by 2030 and part of Philipstown’s goal to reduce its emissions of the greenhouse gases that drive climate change.
The town received funding to install rooftop panels at its Highway Department garage and is eyeing an array at the closed landfill on Lane Gate Road. “There’s a lot of money coming down the pike” for solar, said Angell.
The goals of the local law are “to maintain a clear process for solar, to protect environmental resources and our community character, and to incentivize more solar in Philipstown,” he said.
Under the draft guidelines, property owners who want to install roof- or ground-mounted systems that generate electricity for personal use would be allowed to do so in any zoning district and follow the same process required for adding accessory structures such as garages.
Philipstown would limit the heights of panels on pitched roofs to 8 inches, flat roofs to 2 feet (or the height of parapets) and ground-mounted solar systems to 15 feet. It would also require property owners to buy panels with anti-reflective coating and take steps to shield ground-mounted panels from neighbors.
Removing trees larger than 6 inches in diameter would require town approval. If more than 10 trees need to be removed for a ground-mounted system, applicants would need to document how that would increase the capacity of the systems and propose mitigation measures that include planting twice as many new trees. “Chopping down tons and tons of trees doesn’t make sense,” said Angell.
The law would allow larger systems to be sited in all zoning districts and, “to the greatest extent possible,” installed on industrial properties, Superfund sites that have undergone environmental cleanup, mining sites, abandoned parcels, landfills, parking lots and the roofs of commercial buildings.
Developers of commercial projects would have to undergo a more stringent review requiring approval of a site plan and a special permit from the Planning Board. Town attorney Stephen Gaba said the Town Board should consider limiting large-scale solar farms to certain areas.
“If I bought a house, I wouldn’t be too confident that the board may not grant a special permit next to mine or down the road from mine,” he said. “That’s going to have a serious impact on my property values.”
In addition, solar farms capable of generating up to 5 megawatts of electricity would need 7-foot-high fencing with a self-locking gate to secure mechanical equipment. Systems over 1 megawatt would have to include a decommissioning plan outlining the time and cost required to remove the installation and repair damage caused by the project.
Applicants would have to deposit cash or post a bond or some security equal to 115 percent of the cost of removal and site restoration, according to the draft. They would forfeit the money if they defaulted on the decommissioning requirements.
Preferences for Philipstown residents are incorporated into the law. Companies building community solar projects, which allow residents to buy shares of the electricity they generate, would have to target Philipstown residents for subscriptions, particularly low- and moderate-income households.
Developers would also be encouraged to incorporate workforce training into their projects and consider “solar-trained” Philipstown residents for jobs.
