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A Solar Law Takes Shape
Crawford Comes Up With Its Own Plans...

PINE BUSH – The main business of last week's Crawford town board meeting was the introduction of a pair of new local laws, including the regulation of solar energy systems in the town that has been in the works for quite some time.

The second code change proposed would add a new chapter to the town zoning law entitled "Filling and Grading" to address the issue of soil, rubble, spoils, and rocks being brought onto any property in the town for the purpose of raising or otherwise altering a portion of the property.

Before those new laws could receive their first reading, though, supervisor Charles Carnes noted, in true community fashion, that the annual Harvest Festival hosted by the Lions Club will be held on September 17, with the 18th as a rain date. As usual, the festival will be held on Main Street in Pine Bush, and that section of Route 52 will be closed for much of the day.

Also, Carnes said he had attended a meeting with state Department of Transportation officials to discuss upcoming work on Route 302, some of which will begin this fall, to be resumed in the spring of 2017. The work will affect 302 between 17K in Bullville up to the junction with Ulsterville and Blackhawk Roads, with rumble strips to be installed on the sides of the roads, trees and brush to be removed, center striping to be redone, and a reduction in passing zones to be accompanied by a lower speed limit.

The stretch of highway there has long been considered a major danger, and the site of numerous accidents over the years. The Crawford town board has long made it a point to get upgrades there to address such public safety issues.

As for the new solar law, an item many towns in the region have been wrestling with of late: What's being proposed, officially now, is based on the New York State draft solar law that is being considered by most other local municipalities... and designed to address nationwide solar companies' growing local activity seeking landowners willing to allow large scale solar arrays to be erected on their property.

Like all the similar local laws that are in the process of being enacted across the state, what Crawford's now pushing seeks to balance the rights of property owners to install solar collector systems with the rights of neighbors who may not relish the view of solar arrays being imposed on them. How? It breaks the field of solar arrays at the 12 kilowatt mark. At that level and below such arrays would be considered Small Scale, above it, Large Scale. Most home solar systems will be Small Scale, mostly positioned on roofs. However, the law will not apply to any solar systems of four square feet or less.

The 12 kw limit is one that has been widely adopted since to achieve such a production level, about 1,000 square feet of solar panels are required. For the smaller arrays over four square feet in size, a building permit will be required prior to installation and all such systems must be installed by qualified installers. Furthermore, electrical connections to the grid must be inspected by the town building inspector prior to operation, and must meet local, state and federal laws and regulations.

An exception is that solar systems mounted on a roof are permitted as an accessory use in all the town's zoning districts without site plan approval... although such systems are permitted only to serve the buildings on the same lot. Several other rules will be applicable, too: Solar systems set up on the ground, for instance, will also be permitted in all zoning districts, but are subject to approval by the planning board. And ground mounted arrays may not be set up in front yards unless it can be demonstrated to the zoning board of appeals that it can only operate in that area, and that screening can be applied to mitigate impacts on neighbors. Ground mounted small scale arrays may also only serve the buildings or structures on the lot upon which it is erected.

Screening and set back requirements are also written into the law. Public hearings on applications can be held at the discretion of the planning board.

Similar rules and restrictions exist for Large Scale solar systems. "Utility Scale" system will only be permitted in the town's RA zone, with a special use permit, and the proposed law limits them to 20 acres, setbacks of 100 to 150 feet from highways, side setbacks of 75 feet, in yards, and a maximum average height for solar arrays of 15 feet. Fencing around such arrays is to be at a minimum of 8 feet in height, and all such fencing must also include a six inch gap at the bottom to allow small wildlife free movement in and out of the area.

A number of other rules are written into the law governing these kinds of large arrays. Any such array proposed for the Scenic Corridor Overlay zoning district will be subject to review by the planning board, which can apply more restrictive requirements if necessary.

Decommissioning and removal plans must also be prepared by applicants, and a monetary security to cover said removal must be filed with the town clerk.

The law will receive a public hearing at the September 15 meeting of the town board.

The second proposed law governing filling and grading was also given a reading. It comes in response to a few incidents where landowners have allowed carting companies to bring in considerable quantities of rubble, soil, stone and leave it on their properties in the town.

Henceforth, a building permit will be required for such "fill," and a number of requirements are written into the law to govern the process. The law will not apply to routine filling and grading for landscape, normal repairs, and customary agricultural operations.

This law will also receive a public hearing at the September 15 meeting.



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