Document cayugacounty_gov_doc_040d5f4dc1

M i i l R l ti f R bl Municipal Regulation of Renewable Energy Systems Cayuga County Planning Training September 14, 2011 Chris Carrick Senior Planner 1 Chris Carrick, Senior Planner CNY RPDB Energy Program ---PAGE BREAK--- Municipal Governments Play a Critical Role “Renewable energy installers and potential p owners face a patchwork of widely differing local government permitting government permitting requirements as well as home owner association (HOA) restrictions, which create hurdles to the efficient and widespread efficient and widespread installation of renewable energy systems such as PV, solar thermal and small wind.” ---PAGE BREAK--- Local Permitting A t t th DOE f l • A report to the DOE from solar leasing and installation firm SunRun claims that installation costs can be reduced by 50 cents per watt simply by harmonizing the solar permitting harmonizing the solar permitting process from town to town • Inconsistencies in permitting can Inconsistencies in permitting can cost consumers up to $2,500 on a 5-kilowatt rooftop solar s stem system. • Wasted money from permitting inefficiencies "looks like a $1 inefficiencies looks like a $1 billion tax on solar over the next five years." 3 ---PAGE BREAK--- Vermont Solar Registration g • Vermont Energy Act of 2011 (H 6) fi i h (H.56) sets up first-in-the- nation registration process for small solar systems • Establishes a simple registration process for solar systems 5kW and smaller y • Allows solar customers to install the system 10 days after completing a after completing a registration form and certificate of compliance with interconnection with interconnection requirements ---PAGE BREAK--- Local Permitting U.S. DOE SunShot Initiative: R ft S l Ch ll t Rooftop Solar Challenge to Induce Market Transformation • Up to $12 5M to up to 25 awardees • Up to $12.5M to up to 25 awardees • Goal: achieve measurable improvements in market conditions for rooftop photovoltaic across the United States, with an emphasis , p on streamlined and standardized permitting and interconnection processes • Phased approach addressing four main ti action areas: – Permitting and Interconnection Processes – Net Metering and Interconnection Standards – Financing Options Financing Options – Planning and Zoning ---PAGE BREAK--- Wind Power Resource in NY NYS Ranked 15th in US for Wind NYS Ranked 15 in US for Wind Power Resource - 7080 MW potential - 62 million MWh annually NYS Ranked 7h in US for Wind Power Installed Capacity - approx. 1275 MW installed - 7000+ MW in NYISO queue 6 6 q ---PAGE BREAK--- What are “Small” WECS? • WECS = Wind Energy Conversion Systems • Typically less than 100kW (industry standard) • Usually 60-120 foot towers with 10 20 f t bl d 10-20 foot blades • Suitable for rural farms, businesses or residences 7 ---PAGE BREAK--- Do Not Confuse “Large” and “Small” 8 ---PAGE BREAK--- U.S. Small WECS Market Trends • 100 kW and under market grew 78% in 2008 – additional 17 3 MW of installed capacity • Private investment growth increased manufacturing volumes, especially for 21 100kW systems 17.3 MW of installed capacity • 80 MW of cumulative installed small-wind capacity especially for 21-100kW systems • Cumulative capacity of 1,700 MW predicted within five years Small WECS Market, 2008 Market Segment Growth 9 ---PAGE BREAK--- Why the Growing Interest in Small WECS? Drivers/Public Benefits of Small Wind: • Abundant renewable free and non- Abundant, renewable, free and non polluting energy source • Increased in-state electricity generation • Enhances reliability/eases demand on the power grid • Diversified energy supply portfolio Diversified energy supply portfolio • Reduce energy price vulnerability • Promotes customer choice • No emissions – reduce fossil fuel use • Increases local energy independence I d i l i th • Increased regional economic growth • Incentives – state and federal 10 ---PAGE BREAK--- Municipal Regulation of Small WECS: Growing Trend • Becoming one of the more common new requested uses/accessory uses in rural and suburban towns in last five years • Most municipalities unprepared to regulate and site small wind turbines • Currently, towns can enact reasonable land use regulations to g promote the health, safety and welfare of the community – but local authority has been preempted by y p p y state law in CA, OH, OR, MI, NV, NH, VT, WA and WI • Depending on municipality’s zoning Depending on municipality s zoning ordinance, w/o regulations the use may be subject to a use variance 11 ---PAGE BREAK--- Local Laws in Upstate NY •Town of Albion •Town of Augusta •Town of Malone •Town of Marcellus •Town of Sheldon •Town of Sidney •Town of Evans •Town of Fairfield •Town of Batavia •Town of Canadice •Town of Cape Vincent •Town of Martinsburg •Town of Newstead •Town of Onondaga •Town of Somerset •Town of Southold •Town of South Bristol •Town of Fenner •Town of Geneseo •Town of Hamburg Town of Cape Vincent •Town of Cazenovia •Town of Cheektowaga Town of Onondaga •Town of Orchard Park • City of Oswego Town of South Bristol •Town of Spafford •Town of Springwater Town of Hamburg •Town of Henderson •Town of Italy •Town of Concord •Town of Dewitt •Town of Dryden •Town of Penfield •Town of Pompey •Town of Portland •Town of Stark •Town of Townawanda •Town of Van Buren •Town of Ithaca • City of Lackawanna •Town of Lafayette •Town of Eagle •Town of Eden •Town of Ellenburg •Town of Prattsburgh •Town of Riga •Town of Roxbury •Town of Vernon •Town of Warren •Town of Westfield •Town of Lebanon •Town of Leicester •Town of Lyme 12 g in development y •Town of Schuyler •Town of Wethersfield y ---PAGE BREAK--- Reasons to be Cautious • Perceptions regarding safety NYSERDA-Funded Small WECS regarding safety and environmental issues Vi l d d • Visual and sound objections by neighbors and others • Unfamiliar venture in Upstate NY: in Upstate NY: – Less than 50 residential wind turbines operating – No established standards yet 13 ---PAGE BREAK--- The Challenge Facing Local Governments • Most local governments do not have ordinances not have ordinances • Most existing ordinances do not address small WECS • Most zoning and permitting boards have had no prior experience with small WECS experience with small WECS • Or, their previous experiences have been p ancient experiments and failures Lots of mis information • Lots of mis-information (anti-wind web sites) 14 ---PAGE BREAK--- The Opportunity Facing Local Governments "Planners can encourage efficient energy use, diversification of energy supply, and emissions reductions through their influence over the built and natural environments – including both where and how natural environments including both where and how we build, and where and how we preserve open spaces." “Planning and Climate Change: Mitigation and Clean Energy Strategies” www.planning.org/energy/index.htm 15 ---PAGE BREAK--- Planning Goals • Public safety • Mitigate/reduce impacts • Controlled development • Controlled development • Balance individual interests with interests with community’s • Preserve community • Preserve community character 16 ---PAGE BREAK--- Planning Considerations • Zoning and Land Use • Siting and Installation • Public Health and Safety • Setbacks A th ti • Sound • Ice Shedding Bi d & B t • Aesthetics • Property Values • Property Taxes • Birds & Bats • Shadow Flicker • Aviation (FAA) Lighting Property Taxes • Community Character • View Shed Aviation (FAA) Lighting • Lightning arrest • Electronic interference • Wetlands • Historical/Archeological • “Stray voltage” • Decommissioning 17 ---PAGE BREAK--- Local Land Use Regulation Options • Comprehensive Plan • Moratorium • Local Review Options Local Review Options – Use Variance – Special Use Permit (Zoning Board) – Site Plan Review (Town Board or Planning Board) – Accessory Use Accessory Use – License – Overlay Zone(s) 18 – Floating Zone – As of Right 18 18 ---PAGE BREAK--- Comprehensive Plan NY law suggests that comprehensive plans address: location of public and private utilities and infrastructure protection of sensitive environmental areas protection of sensitive environmental areas improvement of local economy Comprehensive plan can also: Gauge public support for or opposition to WECS (in general and/or specific projects) g p pp pp ( g p p j ) Consider regional or inter-municipal efforts Goals & Objectives: Proactive (but not required) approach to land use regulation Minimize later environmental review Analysis: Inventory community assets to be protected: natural and cultural resources, residential areas areas Identify high wind potential areas Identify locations with fewest conflicts for future wind development Action Strategy: Action Strategy: Set priorities for future development opportunities Designate agencies or officials responsible for recommended actions 19 ---PAGE BREAK--- Identify Resources to be Protected • Infrastructure – Habitable vs. non-inhabited structures – Residential neighborhoods – Roads – Water/sewer access – Other WECS • Natural – Wildlife habitats – Wetlands – Migration paths • Visual Resources Visual Resources – Scenic vistas – Cultural or Historic attractions See DEC Assessing and Mitigating Visual Impacts: – See DEC Assessing and Mitigating Visual Impacts: http://www.dec.ny.gov/docs/permits_ej_operations_pdf/visual2000.pdf 20 ---PAGE BREAK--- Identify Wind Resources • Minimum wind speeds for small WECS mph) 21 p ( p ) • NYSERDA requires 4.5 m/s (~10.1 mph) • Most installers consider “good” wind speed at least 12 mph ---PAGE BREAK--- Identify Areas for Development 22 ---PAGE BREAK--- Moratoria • Suspends right of property owners to obtain development approvals development approvals • “Stop gap zoning” • Usually 6-12 months can be extended Usually 6 12 months, can be extended • Enables municipality to call “time out” – Gauge public support/opposition g p pp pp – Identify resources to be protected – Amend its comprehensive plan and/or zoning regulations Recommend exempting MET Towers from moratoria so data collection can continue 23 while desire for WECS is determined ---PAGE BREAK--- Regulating by Zoning • Zoning silent on the issue: o “Uses not listed as permitted are prohibited.” • Allowed in certain areas: Town of Roxbury Local Law 3 of 2002 • Allowed in certain areas: o By zoning districts or overlay zones o If special use permit is granted • Siting & installation standards: “The Town Planning Board is hereby authorized to approve, approve with conditions Siting & installation standards: o Nuisance issues: height limits, sound and visual impacts o Environmental impacts: aesthetics, views, flyways approve with conditions, or disapprove wind energy-deriving tower siting applications in • Approval criterion: o Set backs to ensure safety with adequate distance from residential structures, property lines, roads o Site plans to regulate the proposed size and location accordance with this Local Law. The Planning Board may hire a professional Engineer or o Site plans to regulate the proposed size and location of the tower, supporting facilities, roads • Specific uses addressed: – MET Towers p g consultant to asist in the review of an application at the applicant’s expense.” – Small WECS (residential and mid-sized systems) – Industrial Wind Farms – WECS in Ag Districts 24 expense. ---PAGE BREAK--- Establish Minimum Standards • Maximum tower height: Town of Westfield The WECS shall be located g – at least 120 feet • Minimum lot size: The WECS shall be located at a distance of at least 1.25 times the height of the facility (measured from the – 1 acre (NYSERDA minimum) • Setbacks: facility (measured from the base to the highest reach of the blade) from any structure occupied by – 1 to 1.5 times maximum height Maximum sound levels: p y humans and from all property lines. The setbacks from the property • Maximum sound levels: – set at lot line lines shall be waived if abutters or those affected properties so grant their i i i iti 25 permission in writing. ---PAGE BREAK--- Additional Standards • Kilowatt limits – at least 100 kW • Allowable number of towers per lot – limit as above and allow non-commercial use only • Placement limitations – rear and side yards only • Safety (i e lightning protection signage anti-climbing) Safety (i.e. lightning protection, signage, anti climbing) – limit only as much as necessary and consistent with other accessory structures • Guy wires – no prohibition but encourage free-standing towers • Decommissioning and Removal • Decommissioning and Removal – end of useful life (30 years) or if inactive for 1 year 26 ---PAGE BREAK--- Types of Setbacks • Distance to structures – Habitable vs. non- i h bit d inhabited – Can vary for participating land owners Di t t t • Distance to property lines and roads – Potential for waivers if adjacent property owners are participating in WECS application S ti f th • Separation from other turbines – Usually dictated by wind Consider: resource and concerns about turbulence, interference 27 • Height of windmill • Sound ---PAGE BREAK--- Site Plan Review Criteria • Allows installation after physical • Can be used with or without zoning • Develop submission inspection of site and surroundings • Usually p requirements • Develop clear decision criteria • Do not require expensive third- Usually accompanied by a special use permit • Example of items for party review • Example of items for review: – Tower location T d i – Tower design – Utility lines – SEQRA forms S f t d – Safety and access (fencing) 28 ---PAGE BREAK--- Where To Allow Turbines? • Wind Energy Overlay Zones • Floating Zones g • Town-wide 29 ---PAGE BREAK--- Tower Height • Wind speeds increase with height: – raising 10-kW generator from a 60- ft tower height to a 100-ft tower increases overall system cost 10%, but can yield 10% more velocity and produce 33% more power and produce 33% more power • Towers raise turbine above air turbulence that can exist close to the ground because of the ground because of obstructions (hills, buildings, and trees) • General rule of thumb install • General rule of thumb – install wind turbine on tower with bottom of rotor blades at least 30 ft above any obstacle within 300 ft of the any obstacle within 300 ft of the tower 30 ---PAGE BREAK--- Visual Impacts • Visual resources identified in Visual EAF: Visual EAF: – Does the project violate a clear written community standard intended to preserve the aesthetic p or scenic natural beauty of an area? – Stronger review for historic or natural preservation areas • How visible will the turbines be? – Details visible up to a half-mile p away (foreground) See DEC Assessing and Mi i i Vi l I 31 Mitigating Visual Impacts: http://www.dec.ny.gov/docs/permits_ ej_operations_pdf/visual2000.pdf ---PAGE BREAK--- Small WECS and Sound • Myth: Noise created by wind turbines is excessive and can be heard at great distances • Fact: At 750-1 000 ft wind • Fact: At 750-1,000 ft wind turbines are no noisier than a new refrigerator or i diti ld b air conditioner would be from an adjacent room: – Innovation with blade design d i l ti k t d ’ and insulation makes today’s turbines much quieter – Ambient noise level of most modern residential wind modern residential wind turbines is around 52 to 55 decibels 32 ---PAGE BREAK--- Sound Impacts of Small WECS • Sound profile depends on several factors including wind speed and direction direction • Distance is most effective mitigating measure to address WECS sound – Decreases 4x with every doubling of y g distance – Setbacks typically established based on proximity of certain “receptors” (property line, inhabited house, etc.) • Increase of 6 dB over ambient noise level at receptor may cause complaints, according to line, inhabited house, etc.) – Recommend setting at property line • Some rural areas may have low ambient sound levels, but usually not a the DEC/EPA • See DEC Document Assessing and Mitigating Noise Impacts: http://www.dec.ny.gov/docs/permits problem in outdoor conditions • Sound control provisions can address what decibel level will be permitted at th t li y g _ej_operations_pdf/noise2000.pdf the property line • Conforming with regulations may not mean absence of complaints! 33 ---PAGE BREAK--- Wildlife • Bird strikes with small WECS are very rare, due to modern WECS d i WECS design: – Shorter towers – Relatively small blades • Also, small WECS typically installed over a more dispersed area • Use good siting to avoid: – Flyways – Wildlife refuges Wildlife refuges – Shoreline feeding and nesting areas • Wind energy endorsed by • Wind energy endorsed by Audobon Society 34 ---PAGE BREAK--- Ice Shedding • Avoid term “ice throw”! • Greatest danger under • Greatest danger under the tower itself • Not a major problem with small WECS • No reported injuries f i h ddi from ice shedding • Typical setbacks will address any possible address any possible issue • Can require property to be posted with ice warning 35 ---PAGE BREAK--- Property Values • No study has ever concluded that wind turbines – neither large nor small – turbines neither large nor small have had a depressing effect on nearby residential property values. • Study by the Renewable Energy Policy Project indicates that the presence of wind turbines increases p neighboring property values. • Survey by the California Energy C i i f d th t t l Commission found that most people are interested in or willing to pay more for homes equipped with solar panels or wind turbines. 36 ---PAGE BREAK--- Address Other Issues in Law • Abandonment • Aesthetics Aesthetics • Attractive nuisance • Complaints • Fees • Insurance • Multiple turbines • Multiple turbines • Rooftop mounts • Shadow “flicker” • Soil Studies • Structural or Electrical Failure Failure • Stray voltage 37 ---PAGE BREAK--- SEQRA for Small WECS • Wind projects that receive state funding (NYSERDA) or require approval by a local (NYSERDA) or require approval by a local government are subject to SEQRA review • In most cases local government will manage the In most cases, local government will manage the SEQRA process as the “lead agency” • Environmental Assessment Form should include the Visual EAF Addendum • WECS installer will handle paperwork on behalf of customer for NYSERDA-funded projects • For more information, go to: t ll www.powernaturally.org 38 ---PAGE BREAK--- NYSERDA’s SEQRA Process 39 ---PAGE BREAK--- Regulation of On-Farm WECS • Agricultural farm management practices – including construction, maintenance and repair of farm maintenance and repair of farm buildings and structures – and land use changes consistent with “generally accepted principles of g y p p p farming” are designated as Type II actions which do not require preparation of an EAF and are not subject to compliance with SEQR • In general, construction of on-farm buildings and the use of land for i lt l ithi agricultural purposes within a county-adopted, NYS-certified agricultural district should not be subject to site plan review special Apple Pond Farm subject to site plan review, special use permits or non-conforming use requirements. 40 (Sullivan Co.) ---PAGE BREAK--- Regulation of On-Farm WECS Harvest Home Organics (Cayuga Co.) NYS Dept. of Agriculture & Markets: considers wind turbines used to supply a portion of a farm’s – considers wind turbines used to supply a portion of a farm s electrical needs (not exceeding 110% of the farm’s anticipated demand) to be on-farm equipment – has developed a model streamlined site plan review process has developed a model streamlined site plan review process which attempts to balance farmers' concerns with the desire of local governments to have local issues examined 41 ---PAGE BREAK--- Remove Obstacles Bronze (Good) Silver (Better) Gold (Best) Achievement Levels • Repeal any outright ban on small WECS. Instead, regulate to manage impacts. • List small WECS as a conditional use in non- residential and large-lot residential districts. • Allow small WECS as a by-right use subject to performance standards to reduce cost and time of itti •Explicitly list small WECS as an exception to general height limits. • Scale performance standards and permitting requirements to be appropriate for small permitting. • Map areas with best wind potential – restrict new uses to those that are l ll t bl i • Avoid requiring “camouflage” of WECS in tree colors. • Educate permit staff pp p WECS – do not treat as large WECS. • Preempt homeowners association covenants locally acceptable in conjunction with small WECS. •Allow small turbines in a id f • Educate permit staff about small WECS. association covenants where they contain general prohibitions – such as on accessory structures – that inadvertantly prohibit small wider range of zone districts including industrial, urban, commercial, large-lot residential, and rural zone 42 WECS. , districts. • Establish a wind energy overlay zone. ---PAGE BREAK--- Create Incentives Bronze (Good) Silver (Better) Gold (Best) Achievement Levels Bronze (Good) Silver (Better) Gold (Best) • Give credit for small WECS in any green- building or • Rather than limit power generation to on-site use only (as is • Use district-wide height limits to protect wind access and performance-based development review points system. • Reduce or waive often done in defining small utility/power generation facilities) allow some excess increase predictability for those that invest in WECS. •Award density Reduce or waive zoning permitting fees for small WECS. production as long as on-site use is the primary purpose and the production is non- i l Award density bonuses for developments that reduce or generate >50% of energy on commercial. • Do not require applicants to post bond or performance 50% of energy on site. 43 or performance security for removal. ---PAGE BREAK--- Enact Standards Bronze (Good) Silver (Better) Gold (Best) Achievement Levels • Adopt standards that are scaled for small vs. large WECS. • Adopt setback standards of • Allow setback standards to be decreased if neighbors record waivers. • Do not require fencing if • Optimize wind access with height standards that allow WECS to be twice as tall as surrounding t t d t 1.1-1.5 times the total turbine height (support structure and rotor radius). • Exempt WECS from district height limits similar to Do not require fencing if there are no climbable features below 12 feet above ground level. • Adopt standards for structures and trees. • Require that new developments of high energy consuming uses t it height limits, similar to flagpoles or cell towers. • Allow WECS to be placed at least 25-35 ft higher than structures/trees within 300 feet. Adopt standards for minimum ground clearance for the rotor blades – 30 feet is a typical threshold. generate on-site energy using renewable sources such as geothermal, solar or wind. I iti t C it • Set sound level limit at property line. • Instead of minimum lot size, allow WECS on any lot where it • Restrict WECS only in limited historic, scenic, or other special areas where visual impact is t bl • Initiate a Community Energy Plan to assess the renewable energy potential of a locality and devise strategies for meeting 44 y meets setback, sound, other standards. • Encourage applicants to notify neighbors. unacceptable. • Require municipal notification of abutters. g g energy goals. ---PAGE BREAK--- Starting Points • Wind Maps – NYSERDA, AWS Truewind CNY RPDB Truewind, CNY RPDB • NYSERDA Wind Energy Tookit at: www.powernaturally.org • Model zoning ordinances – AWEA, NYSERDA, MA and other states (available online) online) • Town/Village/County Comprehensive Plan • Current Zoning Ordinance • Sister Community Zoning Ordinances – CNY RPDB database – But use caution! 45 ---PAGE BREAK--- Solar Power Resource in NY • It works in Germany’s Germany s climate! • Policy, incentives, d t f and cost of electricity much more important 46 ---PAGE BREAK--- Solar Electric Trends • Over 62,000 new solar thermal and solar electric TOP TEN STATES BY 2008 CAPACITY installations in 2008, up16% from 2007 • Market share concentrated in a few states • Capacity of 2008 PV installations grew by 63% g y over 2007, and average system size is increasing • Installation growth by TOP TEN STATES BY CUMULATIVE CAPACITY g y capacity was largest in nonresidential sector, but residential sector continues to 47 es de a sec o co ues o dominate the number of installations ---PAGE BREAK--- NYSERDA-Funded PV Electric Systems • By capacity, only 24% of 2008 NYS installations were non-residential, compared with 73% compared with 73% in rest of U.S. • New net metering l ( t 2 MW) laws (up to 2 MW) will increase non- residential installations installations 48 ---PAGE BREAK--- Regulating Solar Electric Systems • Zoning regulations play a significant role in the implementation of solar energy technologies at the local level, defining where, how, and when they may be used • Communities should Communities should recognize importance of addressing solar access within their zoning within their zoning regulations and take steps to define degree to which solar will be which solar will be allowed, encouraged, or even required 49 ---PAGE BREAK--- Benefits of Regulating Solar • Opportunity for community to reduce its energy gy consumption • Solar becomes less difficult and less costly to difficult and less costly to implement – thereby opening it up beyond only the most “green” the most green developers and homeowners • Less costly to local governments as staff time needed to process variances and other requests is reduced 50 ---PAGE BREAK--- Goals for Solar Access • Remove regulatory obstacles and streamline processes for the installation of solar technologies • Implement protective regulations to ensure that property owner ensure that property owner investments in solar technologies are protected • Preserve the opportunity for • Preserve the opportunity for increased use of solar technologies in the future – trees grow! P id i i f h f l • Provide incentives for the use of solar technologies in new construction and in the renovation of existing homes • Promote an overall reduction in energy usage 51 ---PAGE BREAK--- Green Building and Solar Homes that are “solar-ready” solar ready (pre-designed to accommodate solar devices) ensure that the conversion of homes from traditional energy sources to solar energy over Placing a building’s long face solar energy over time can be accomplished relatively easily Placing a building s long face on an east-west axis with a large percentage of its windows on the south side 52 relatively easily can reduce fuel consumption by up to 25% ---PAGE BREAK--- Solar Beyond the Shell At site planning level, organizing new development for proper solar orientation can improve energy efficiency of buildings on the site at little or no additional cost 53 ---PAGE BREAK--- LEED for Neighborhood Development 54 ---PAGE BREAK--- NYS Solar Easement Statute • NYS real property laws allow for the creation of solar easements Lik th i th t t NEW YORK CONSOLIDATED LAW SERVICE REAL PROPERTY LAW ARTICLE 9. RECORDING INSTRUMENTS AFFECTING REAL PROPERTY NY CLS Real P § 335-b (2008) • Like those in many other states, these are voluntary contracts which must be entered into in order to ensure uninterrupted solar access § 335-b. Recording of solar energy easements 1. Any easement obtained for the purpose of exposure of a solar energy device shall be created in writing and shall be subject to the same conveyancing and instrument recording ensure uninterrupted solar access for solar energy devices • Solar easement agreements are required at a minimum to contain: j y g g requirements as other easements. 2. Any instrument creating a solar energy easement shall include, but the contents shall not be limited to: The vertical and horizontal angles, expressed in degrees, required at a minimum to contain: 1. information describing the easement location and orientation to real property subject to the easement 2 t i ti l d t t The vertical and horizontal angles, expressed in degrees, at which the solar energy easement extends over the real property subject to the solar energy easement. Any terms or conditions or both under which the solar energy easement is granted or will be terminated. 2. restrictions placed on structures, vegetation, and other objects which would obstruct the passage of sunlight through the easement 3 i i f d t t i ti Any provisions for compensation of the owner of the property benefiting from the solar energy easement in the event of interference with the enjoyment of the solar energy easement or compensation of the owner of the property subject to the solar energy easement for maintaining the solar energy easement 3. provisions for amendment or termination 4. provisions for compensation in the event that interference occurs 55 energy easement. ---PAGE BREAK--- Negotiating Solar Easements • Owners should attempt to negotiate solar easements with their neighbor(s) before issues arise, if possible • Owners should attempt to receive assurances from the neighbor(s) that the sunlight that travels over the neighbor’s property will not be obstructed by said neighbor’s trees, landscape or improvements • Therefore, the easement should require the neighbor(s), and all subsequent owners, to be restricted from building improvements or planting trees or landscaping which could obstruct the sunlight IMPORTANT NOTE IMPORTANT NOTE • A solar easement could negatively affect the future property values of the neighbor that grants it • Solar easements may have to be negotiated with several 56 neighbors in order to guarantee solar access throughout the day and year. ---PAGE BREAK--- NYS Solar Access Rights NYS General City codes allow local zoning districts to make rules regarding solar access, recognizing solar access as a "valid public purpose within the zoning authority of local governments " purpose within the zoning authority of local governments..." NEW YORK CONSOLIDATED LAW SERVICE GENERAL CITY LAW ARTICLE 2-A. POWERS OF CITIES NY CLS G Cit § 20 (2008) NY CLS Gen City § 20 (2008) § 20. Grant of specific powers … 24. To regulate and limit the height, bulk and location of buildings hereafter erected, to regulate and determine the area of yards, courts and other open spaces, and to regulate the density of population in any given area, and for said purposes to divide the city into districts. Such regulations shall be uniform for each class of buildings throughout any district, but the regulations in one or more districts may differ from those in other districts. Such regulations shall be designed to secure safety from fire, flood and other dangers and to promote the public health and welfare, including, so far as conditions may permit, provision for adequate light, air, convenience of access, and the accommodation of solar t d i t d t li ht th f d h ll b d energy systems and equipment and access to sunlight necessary therefore, and shall be made with reasonable regard to the character of buildings erected in each district, the value of land and the use to which it may be put, to the end that such regulations may promote public health, safety and welfare and the most desirable use for which the land of each district may be adapted and may tend to conserve the value of buildings and enhance the value of land throughout the city. which it may be put, to the end that such regulations may promote public health safety and welfare and the most desirable 57 to the end that such regulations may promote public health, safety and welfare and the most desirable use for which the land of each district may be adapted and may tend to conserve the value of buildings and enhance the value of land throughout the city. ---PAGE BREAK--- Remove Obstacles Bronze (Good) Silver (Better) Gold (Best) Achievement Levels Bronze (Good) Silver (Better) Gold (Best) • Identify limiting provisions accessory structure • Allow modest adjustments to side, front and/or rear yard • Override existing private covenants restricting solar limits, historic district regulations) and craft exceptions to permit solar energy devices. setback requirements (or other conflicting regulations) that allow applicants to meet devices. • Allow solar panels as a by-right solar energy devices. • Prohibit solar restrictions in new private CC&Rs in applicants to meet solar access requirements. as a by right accessory use except in special districts historic districts) private CC&Rs in subdivision regulations districts). 58 ---PAGE BREAK--- Create Incentives Bronze (Good) Silver (Better) Gold (Best) Achievement Levels Bronze (Good) Silver (Better) Gold (Best) • Reduce or eliminate permit fees for the installation of solar • Reduce building permit fees for project that incorporate solar • Allow applicants to “earn” additional density or height by devices on an existing structure. concepts in the overall design. • Provide staff incorporating solar concepts into overall project design. Provide staff assistance to orient new homes for solar access. 59 ---PAGE BREAK--- Enact Standards Bronze (Good) Silver (Better) Gold (Best) Achievement Levels Bronze (Good) Silver (Better) Gold (Best) • Require key features of a development plan to have access to • Require buildings to be “solar ready”: orientation for solar exposure, wiring plumbing and • Require a minimum percentage of solar- oriented lots or sunshine. • Enact regulations to preserve solar access. wiring, plumbing, and roof structures pre- designed to handle solar collectors. buildings in new developments. • Require a minimum f • Include solar access as an optional or required standard in id i l d •Require variation in lot widths to maximize solar access. •Establish a tree dispute percentage of energy in new developments to come from solar. residential and commercial design guidelines. p resolution process and criteria by which property owners may resolve issues regarding 60 obstruction of solar access to a property by trees on a neighboring property. ---PAGE BREAK--- Outdoor Wood Boilers • OWBs (also known as outdoor hydronic heaters) are fuel burning devices: designed to burn wood or other fuels; that the manufacturer specifies for outdoor i t ll ti i t ll ti i t t t installation or installation in structures not normally occupied by humans; and that are used to heat building space and/or water through the distribution, typically through pipes, of a gas or liquid water or water/antifreeze mixture) heated in the device. • A typical unit looks like a small • A typical unit looks like a small metal storage shed with a stack. • OWBs can also be used to heat swimming pools, greenhouses, milk rooms, etc. 61 ---PAGE BREAK--- OWBs and Public Health • Woodsmoke may be thought of as natural, hence “benign,” but there is ample evidence that wood burning emits significant quantities of known health damaging pollutants, including fine particulate matter (PM2.5), carbon monoxide, nitrogen oxides, and a number of known carcinogens, including benzene and aromatic number of known carcinogens, including benzene and aromatic hydrocarbons • Unregulated OWBs emit almost 4 times more PM2.5 air pollution than conventional wood stoves, 12 times more than EPA-certified wood stoves, 1000 times more than oil furnaces and 1800 times more than natural gas furnaces furnaces, and 1800 times more than natural gas furnaces • A large percentage of the general population (upwards of 50%) is susceptible to adverse health impacts as a result of acute and chronic PM2.5 exposure, including children, asthmatics, persons with respiratory or heart disease, diabetics, and the elderly elderly • NYSERDA found that carbonaceous aerosols are a sizeable fraction of PM2.5 mass in New York State (between a fourth and a third of total PM2.5 mass on an annual basis) • Residential wood combustion in New York is an important source category for carbonaceous aerosols, especially in rural counties where residential wood combustion is responsible for almost all of carbonaceous PM2.5 emissions • Important public health issue – even small towns and villages situated in predominately rural areas of New York can have relatively high population densities that are exposed y g p p p to woodsmoke 62 ---PAGE BREAK--- OWBs in New York • Rising prevalence of OWBs used to provide residential heat in NYS – p 2008 report by Office of the Attorney General showed that sales in have tripled since 1999, sales in have tripled since 1999, with an estimated 14,500 OWBs sold from 1999 to 2007 • With the increasing popularity of • With the increasing popularity of OWBs and their higher emissions, the OAG has received as of January 2008 over 50 complaints January 2008 over 50 complaints from individuals affected by pollution from the units, and over 60 N Y k iti h 60 New York communities have moved to regulate or ban OWBs 63 ---PAGE BREAK--- 64 ---PAGE BREAK--- Regulation of OWBs g • The New York State Department of Environmental Conservation (NYSDEC) adopted 6 Part 247 on December 29, 2010 • There are numerous municipal laws enacted across the state regarding OWBs – check with your town clerk to see if such a law was enacted in your town • OWB operators must comply with: • Fuel use limitations (Section 247.4) • Nuisance prohibition and opacity standard (Section 247.3) • Setback and stack height provisions (Sections 247.5 and 247.6, as appropriate) • OWB manufacturers must comply with: C tifi ti i i (S ti 247 8) • Certification provisions (Section 247.8) • Permanent Label provisions (Section 247.7) • OWB distributor must comply with the Notice to Buyers provisions set forth in Section 247 9 provisions set forth in Section 247.9 65 ---PAGE BREAK--- What fuels may be burned in OWBs? • The approved fuels for OWBs are listed in Section 247 4: 247.4: – Seasoned clean wood; – Wood pellets made from clean wood; H i il i li i h S b 225 1 LP – Heating oil in compliance with Subpart 225-1, LP gas or natural gas may be used as starter fuels; – Non-glossy, non-colored papers (including newspaper) may b d l OWB d be used only to start an OWB; and – Other fuels approved by the NYSDEC for a certified OWB model. 66 ---PAGE BREAK--- List of Certified Outdoor Wood Boiler Models Manufacturer Model Certified Emission Rate (lb/mmBtu, heat output) Classification Minimum Setback (feet) Fuel Central Boiler E-Classic 1400 0.27 Residential 100 Cord wood Central Boiler E-Classic 2300 0.320 Residential 100 Cord wood Central Boiler E-Classic 2400 0.12 Commercial 200 Cord wood Central Boiler E-Classic 3200 0.08 Commercial 200 Cord wood Central Boiler Maxim 250 0 066 Residential 100 Wood pellets Central Boiler Maxim 250 0.066 Residential 100 Wood pellets Heatmor 200 SSR II 0.315 Residential 100 Cord wood Piney Manufacturing Optimizer 250 0.23 Residential 100 Cord wood Pro-Fab Industries Empyre Pro Series 200 0.23 Residential 100 Cord wood Woodmaster 30KW 0.04 Residential 100 Cord wood Woodmaster 60KW 0.04 Residential 100 Cord wood 67 Woodmaster 60KW 0.16 Residential 100 Wood pellets ---PAGE BREAK--- Wh t f l NOT b b d i OWB ? What fuels may NOT be burned in OWBs? A li f hibi d f l i d i S i • A list of prohibited fuels is presented in Section 247.3 and includes, but not limited to the following: – Garbage; g ; – Unseasoned wood; – Wood containing preservatives or other coatings; Tires; – Tires; – Household chemicals; – Coal; – Yard waste (including lawn clippings); – Plywood; and – Animal carcasses. 68 ---PAGE BREAK--- Improving OWB Performance • Environmental Characterization of Outdoor Wood-Fired Hydronic Heaters – NYSERDA and U.S. EPA research project to evaluate the emissions and energy-efficiency performance of four evaluate the emissions and energy efficiency performance of four types of residential wood boiler technologies ranging from the common OWBs to a state-of-the-art, high-efficiency pellet boiler made in Austria • High-efficiency (>85% thermal efficiency) units are common in Europe and now are being manufactured in the United States by a few companies • Improvements are due to a two-stage combustion design that results in gasification of the fuel and more complete combustion • European studies indicate the PM2.5 from these units has a small u opea stud es d cate t e 5 o t ese u ts as a s a organic component and consists primarily of inorganic salts • NYSERDA is supporting New York boiler manufacturers in their pursuit of advanced combustion designs to continue the p g development of a high-efficiency biomass heating market for residential and commercial applications 69 ---PAGE BREAK--- 70 Photo courtesy of USEPA 2009 ---PAGE BREAK--- 71 ---PAGE BREAK--- Educating the Public • Remember that zoning is driven by: – Public perception – Politics – Education (of neighbors and public officials) C i i i k • Communication is key: – Avoid loaded terms such as “fall zone”, “ice throw”, and “noise” R d t d t i i f ti – Respond to and correct mis-information immediately – Don’t let opponents define the issue or establish false trade-offs (community establish false trade offs (community character vs. energy security) – People remember visual images – The press abhors a vacuum The press abhors a vacuum – Never end on a negative 72 ---PAGE BREAK--- Tie to Issues of Public Concern • Fuel cost savings Economic development • Economic development • Innovation and Leadership • Increased livability, comfort, security convenience security, convenience • Cleaner air • GHG reduction goals 73 ---PAGE BREAK--- Thank You for Your Attention! Thank You for Your Attention! Questions? Q For Further Information Contact: Chris Carrick E P M Energy Program Manager CNY Energy $mart Communities Coordinator (315) 422-8276 ext. 213 i k@ db 74