At the Town Board Meeting on February 4, 2020, the Town Supervisor, Peter Barber, introduced an amendment to the town's zoning code §280-40(U) Solar Energy System to enhance protection of the town and its residents from the potential harm that could come from the siting and decommissioning of large industrial solar arrays (a.k.a. solar farms).

This amendment is largely in response to the deficiencies in the code uncovered by the proposed Dunnsville Road Solar Farm that threatens the Helderberg viewshed and public educational events like GCRG Alternative and Renewable Energy Public Forum and Discussion and the Sensible Solar Summit in Duanesburg.

Section 280-40(U) Solar Energy System is the part of the code that provides for "for the siting, development, and decommissioning of solar energy systems subject to reasonable conditions to reduce potential impacts to adjoining properties while promoting development of renewable energy resources."

Since the first introduction of this proposed law, there have been 3 additional drafts based on public comments that were received and comments from the Guilderland Planning board. 

A public hearing was conducted Tuesday, March 3, 2020 for the proposed law and will be continued in a virtual meeting on Tuesday, April 7, 2020 virtually.  The details on how this will be conducted has not been released yet.

Public comments and related documents to the proposed law can be found on this new dedicated page for the proposed local law: https://www.townofguilderland.org/town-board/pages/proposed-local-law-solar-facility

Supervisor Barber has sent the GCRG this summary of the changes: 

Here are the revised law's highlights:

1. To avoid confusion, the old version of 280-40(U) is deleted and replaced in its entirety with a new section for solar energy facilities.
2. All references to the Comprehensive Plan, Rural Guilderland: Open Space and Farmland Protection Plan, and Helderberg Escarpment Guide were maintained.
3. Proposed maximum and minimum lot sizes were deleted.
4. The setbacks in §280-40(U)(3)(n) were amended to provide that any structure and equipment for a major solar energy facility shall be located an additional 100 feet from the minimum setback requirements for a principal structure under §280-24, and shall be located at least 200 feet from an adjacent residential dwelling unit.  It allows the ZBA and the Planning Board to require additional setbacks for adequate buffer and eliminate noise impacts. 
5. Section 280-40(U)(5) was modified to require that the ZBA confirm compliance with the requirements of §280-U(3) and make “affirmative findings” that the (1) project conforms to the Comprehensive Plan and, if applicable, Rural Guilderland: Open Space and Farmland Protection Plan; (2) the major solar energy system will not adversely materially affect the value, use or enjoyment of neighboring properties; and (3) the visual assessment demonstrates that the major solar energy system will not have a detrimental effect on the public's use, enjoyment or view of a significant place, view or historic structure including but not limited to John Boyd Thacher State Park and the Helderberg Escarpment.
6. There is no reference to either an overlay district or protecting prime farmland.  Both options may have merit, but considering competing interests and hearing from stakeholders would take months.  I'm concerned that any delay in replacing the proposed solar facilities law could have negative consequences.
7. Various redundant provisions and typos were deleted, and other provisions were enhanced or redrafted for clarity and consistency

Please send your written comments and suggestions on the fourth draft of this proposed Zoning Code Amendment to Town Supervisor Peter Barber and if want you can also send copy of your comments directly each of the other Town Board members for their review at the following email addresses.

Town Supervisor Peter Barber: barberp@togny.org
Councilwoman Pat Slavick: slavickp@togny.org
Councilman Paul Pastore: pastorep@togny.org
Councilwoman Rosemary Centi: centir@togny.org
Councilwoman Laurel Bohl: bohll@togny.org