Wednesday, July 25, 2012

City Solar Ordinance to Be Introduced Next Month


A map shows solar exposure on the shortest day of the year,
December 21, in the City of Easton's Downtown district.
Shaded areas are shown in dark blue.
By Christina Georgiou

Easton City Council members are likely to consider adopting an ordinance regulating the placement of solar panels in the city next month, they said Tuesday evening, after hearing a presentation about the preliminary draft of the new proposed law from Planning Director Becky Bradley.

The goal of the regulations is to ensure both that panels that are erected are structurally sound and not aesthetically intrusive, as well as to define the rights of both those that erect them as well as neighboring properties, Bradley said.

“The ordinance very clearly states that it is the responsibility of the solar power owner to ensure the efficiency of the panels,” Bradley said.

However, if enacted, the law states that new structures that might be built after neighboring solar panels' erection may not reduce the sunlight that reaches them by more than 20 percent.

As initially presented, the proposal also included planted vegetation, but this provision will be removed before the introduction of the ordinance, it was agreed.

“My concern is...we're encouraging people to plant trees, and in 20 years, (they) may grow too high,” said Mayor Sal Panto.

Placement of the panels and their erection will be treated like any other zoning matter in the city, Bradley said.

“So we would check that, just like we'd check a fence,” she said, adding that panel in the Downtown historic district will also have to be approved by the Historic District Commission as well.

“You have to make it as least visible as possible,” she said. “If it's not in the the historic district, we'd treat it like any other zoning.”

The proposed ordinance is based on similar legislation in Philadelphia and Los Angeles, Bradley said, adding that there are few municipalities that currently regulate the placement of solar panels.

The wording of the proposed law is intentionally not exact when it comes to measurements, but should provide guidance for placement, aesthetics and right-of-way issues, she said.

“You have to give a broad range to make it work, or you'd eliminate (the possibility of) maybe 50 percent of those (that might benefit from solar panels),” Bradley said. “We really have a unique opportunity to crate something unique. Our fear is that someone's going to sue us (if the language is overly restrictive). We don't want to be the case law for the entire United States of America.”

“The main thing is, is someone invest money into this technology, we want to protect them,” said Councilwoman El Warner.

A map of existing sun exposure in the Downtown district, based on sunlight on December 21, the shortest day of the year, suggests solar power generation could save property owners much in energy bills, she noted, adding that Downtown was picked because of the varying heights of structures in that part of Easton.

“We have excellent sun exposure,” Bradley said.

While the new law would allow property owners to both generate energy for their own use and sell excess electricity back to the power supplier, the proposed ordinance does not allow for solar farms.

“No one was really against solar farms. It was just that on a steep slope, it causes all sorts of drainage and runoff issues,” Bradley said.

Panto praised the law overall, and said he's in favor of more alternative and sustainable electricity generation happening in the city.

“I still want to see windmills in Hackett Park,” he said. “I think that would be a great place for wind energy.”

The proposal will be introduced at a city council meeting sometime in August, after the city's planning commission has a chance to review it at their next meeting on Aug. 1, Bradley said.

“It may be a little after Aug. 8, but it will be in August,” she added.

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