ROTTERDAM — Rotterdam residents will have an opportunity on Wednesday to weigh in on a long-anticipated solar energy law that aims to preserve the rural characteristics of the town by limiting where large-scale solar arrays can be placed.

Under the proposed solar energy facilities law, developers would be required to provide the town with a safety management plan, pay a community host fee and front funding to decommission the energy-producing systems before receiving a permit to build a solar array.

“The purpose of this law shall be to provide for the siting, development, and decommissioning of solar energy systems subject to reasonable conditions to reduce potential impacts on adjoining properties, while promoting the effective and efficient use of solar energy resources,” the proposed law reads.

A public hearing on the proposal, which was drafted over the course of more than a year by a special committee, is set to take place June 12 at the Rotterdam Town Hall beginning at 7 p.m.

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Solar energy systems have been a growing concern for some Rotterdam residents who have expressed concerns that the state’s growing interest in solar could lead to the destruction of scenic landscapes, disrupting natural habitats and ultimately leading to a decrease in the quality of life.

Others have also said they are worried about shrinking property values should an array be installed adjacent to their homes.

Lawmakers enacted a moratorium on large-scale solar arrays in December 2022 over the concerns and a special committee was appointed to draft new regulations a few weeks later. The town’s Energy Advisory Committee has met monthly for more than a year to develop new solar regulations.

The end result is a 36-page proposal that covers everything from roof-mounted solar systems to large-scale arrays up to 25-megawatts. All systems would be required to have a town-issued building permit.

Under the law, solar systems are broken into tiers based on their size. Tier 1 includes roof-mounted systems; Tier 2 includes ground-mounted arrays up to 24 kilowatts; Tier 3 calls for ground-mounted systems with a capacity of up to 5 megawatts; and Tier 4 are larger systems up to 25 megawatts.

Systems in tiers 1 to 3 are allowed in all zoning districts, while the larger Tier 4 systems are restricted to the town’s industrial zoning districts.

The proposal requires setbacks and natural buffers for all ground-mounted arrays, which must be confined to areas owned by a single property owner and “cannot be sited on more than one side of a public road, regardless of property ownership or municipality,” according to the law.

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Developers behind Tier 4 systems will also be required to pay an “open space public benefit fee” of $7,000 per acre of land that will be designated towards parkland and preserving opening space. The fee can be lowered to $2,500 upon recommendation by the Planning Commission and approval from the Town Board.

“Tier 4 Solar Energy Systems constitute a unique land use that impacts the Town’s ability to retain its suburban and rural aesthetic and occupies large swaths of green space while converting open and/or agricultural lands with potential for more suitable development,” the proposed law reads.

Tier 3 and 4 systems would also be required to submit a maintenance and safety plan and secure a performance bond or cash escrow that names the town as a beneficiary. The town will use those funds to maintain the system should the operator fail to adhere to maintenance requirements laid out in the law.

In addition, the operators would also be required to submit a decommission plan to the town before receiving a building permit. The plan must outline how the property will be restored to its natural state once the solar array is removed and include a financial surety of 150% of the decommissioning cost that includes a 2% annual increase or whatever the rate of inflation is. The town has the right to adjust the surety rate every five years, according to the proposal.

The full law can be reviewed on the town of Rotterdam’s website.

Contact reporter Chad Arnold at: carnold@dailygazette.net or by calling 518-410-5117.

Chad Arnold

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