Community, Solar

1.
REVIEWING
SOLAR
INSTALLATIONS
IN
OUR
COMMUNITIES
Sustainable
Communi/es
and
Campuses
Conference

2. Influencing
Solar
Development
through
Zoning
• Develop
purposes
for
zoning
by-­‐law
that
direct
ac/ons
on
solar
installa/ons
• Establish
zones
where
allowed
by-­‐right
• Integrate
solar
into
all
key
sec5ons
of
by-­‐law
to
be
func/onal:
– Defini/ons
(solar
facili/es,
height
of
buildings,
etc)
– Exemp/on
from
building
height
restric/ons
– By
right
accessory
use
to
residen/al,
ins/tu/onal,
or
commercial

3. Review
of
Proposed
Development
• Use
of
special
permits
to
review
and
direct
solar
installa/ons
in
certain
loca/ons,
such
as
residen/al
zones
or
on
agricultural
or
forested
land
• Use
of
site
plan
review
to
control
appearance
and
features
without
ability
to
prohibit
• Integrate
solar
provisions
into
historical
review
• Integrate
solar
access
protec5on
from
development
on
abuGng
land

4. Characteris=cs
of
Solar
Installa=ons
• Can
be
installed
very
close
to
the
roof
• Have
the
reflec/vity
value
of
gravel
• Are
quiet
• Can
be
low
to
the
ground
• Can
be
considered
a
pervious
use,
par/cularly
in
flat
areas
• Can
be
installed
in
a
way
to
not
disturb
the
soil
structure
• Have
a
useful
life/me
of
15-­‐25
years

5. Zoning
provisions
consistent
with
the
purposes
of
the
by-­‐law
• Purpose
sec/on
of
zoning
delineates
the
reasons
for
zoning.
These
tradi/onally
include:
–
“provide
adequate
light
and
air”
–
“prevent
overcrowding
of
land”
–
“conserve
value
of
land
and
buildings…
prevent
blight”
–
Implement
the
master
plan
– Can
also
include
purposes
like
“to
support
the
development
of
photovoltaic
collec/on
systems”
and
“provide
access
to
solar
radia/on”

6. How
Zoning
Conceptualizes
Solar
Installa=ons
• Solar
installa/ons
can
be
roof-­‐mount
or
ground-­‐
mount;
principal
or
accessory
use
• Primary
sensi/vity
concerns
under
zoning
appear
to
be:
– Roof-­‐mounts
in
historic
districts
or
on
historic
buildings
– Ground-­‐mounts
in
most
loca/ons
as
accessory
uses
or
principal
uses,
in
visible
loca/ons,
par/cularly
in
residen/al
zones
– Ground-­‐mounts
on
agricultural
or
forested
lands

7. Requiring
a
Special
Permit
(SP)
• Can
use
special
permits
to
limit
loca/ons
and
provide
review
for
“problema/c”
uses
• OZen
required
for
ground-­‐mounts
in
residen/al
loca/ons
or
visible
loca/ons
to
prohibit
or
regulate
use
(screening,
etc.)
• Typical
findings
to
be
made
to
issue
a
SP:
– Use
is
in
harmony
with
general
purpose
of
by-­‐law;
– Public
benefit
– Appearance
not
detrimental
to
the
neighborhood
– No
nuisances
created
–
noise,
odors,
etc.

12. Require
Site
Plan
Review
(SPR)
• Decide
condi/ons
under
which
SPR
is
required
• SPR
typically
requires:
surveyed
plan
with
topo
lines;
engineered
drawings
of
all
elements
of
the
installa/on;
loca/on
on
site;
impact
on
stormwater
and
contribu/on
to
impervious
surface;
screening;
and
more
• For
larger
sites,
informa/on
on
site
topography
and
survey
is
not
available,
and
likely
not
necessary
• SPR
requirements
may
be
excessive
for
most
projects
and
some
requirements
should
be
waived

13. Princeton
University
–
largest
campus
collector

14. Appalachian
State
University
–
roof
mount
on
new
residence
hall

15. Solar
in
Historic
Districts/Proper=es
• Goal
is
to
preserve
character-­‐defining
features
• Review
on
new
construc/on
vs.
on
historic
proper/es
can
be
different
• Secretary
of
the
Interior
standard
2-­‐retain
historic
character;
Secretary
of
the
Interior
standard
9
–
new
work
shall
not
destroy
key
historic
materials
• Need
to
be
placed
on
roofing
less
than
2
years
old
• Minimize
visibility
• Restrict
only
on
roof
with
historic
roofing
material,
such
as
a
slate
roof,
or
when
significant
diminu/on
of
appearance

16. Barely
visible
from
most
angles

17. Guilford
College
–
installa=on
on
an
historic
campus
building

18. Solar
at
Agricultural
Sites
• General
characteris/cs
of
solar
on
farms:
– Larger
systems
(between
50
and
200kw)
– May
require
SPR
or
SP
due
to
size
alone
– Likely
ground
mounts,
although
can
be
roof
mounts
– Area
is
likely
not
shown
on
a
surveyed
plan,
or
near
survey
points
– Can
use
foo/ngs
or
ballast
to
minimize
disturbance
of
farmland

22. Solar
Access
–
the
big
picture
• Two
issues
-­‐
solar
rights
and
solar
easements
• Interpreta/on
of
US
law
is
that
there
is
no
common
law
access
to
sunlight,
so
this
needs
to
be
included
in
state
law.
MA
state
law
provides
right
to
locate
a
collector
despite
prohibi/ons
in
condo
or
home-­‐owner
associa/on
documents
• State
laws
are
also
required
to
have
access
to
easements
over
abuGng
land
that
might
be
altered
to
block
access
to
sunlight
(easement)
• Massachuseds
considered
to
have
one
of
the
best
models
for
state
laws
protec/ng
rights
and
easements,
but
these
have
not
been
integrated
at
the
local
level

23. Solar
Access
• Chapter
40A,
Sec/on
9B
– “Zoning
ordinances
or
by-­‐laws
may
encourage
use
of
solar
energy
systems
and
protect
solar
access
by
regula/on
of
the
orienta/on
of
streets,
lots
and
buildings,
maximum
building
height
limits,
minimum
building
set
back
requirements,
limita/ons
on
the
type,
height
and
placement
of
vegeta/on
and
other
provisions”
–
“Solar
energy
systems
may
be
exempted
from
set
back,
building
height,
and
roof
and
lot
coverage
restric/ons”
– “may
provide
that
such
solar
access
permits
would
create
an
easement
to
sunlight
over
neighboring
property”

24. • “may
also
specify
what
cons/tutes
an
impermissible
interference
with
the
right
to
direct
sunlight
granted
by
a
solar
access
permit
and
how
to
regulate
growing
vegeta/on
that
may
interfere
with
such
right”
• “may
provide
standards
for
the
issuance
of
solar
access
permits
balancing
the
need
of
solar
energy
systems
for
direct
sunlight
with
the
right
of
neighboring
property
owners
to
the
reasonable
use
of
their
property…”
• “may
also
provide
a
process
for
issuance
of
solar
access
permits
including,
but
not
limited
to,
no/fica/on
of
affected
neighboring
property
owners,
opportunity
for
a
hearing,
appeal
process
and
recorda/on
of
such
permits
on
burdened
and
benefited
property
deeds”

25. • Allows
the
crea/on
of
solar
access
permits
that
create
a
regulatory
easement
over
the
land
of
abuders
to
a
solar
energy
system
requiring
that
new
vegeta/on
be
avoided
or
pruned
to
assure
solar
access
to
the
solar
energy
system.
• The
sec/on
went
on
to
suggest
municipali/es
could
create
solar
maps
showing
lots
burdened
by
solar
easements.

26. Other
Legal
Support
for
Solar
Easements
• Chapter
184,
Sec/on
23C
–
any
provisions
prohibi/ng
solar
installa/ons
in
a
deed
are
void
• Chapter
187,
Sec/on
1A,
Solar
Easements
– “Any
easement
of
direct
sunlight
may
be
acquired
over
the
land
of
another
by
express
grant
or
covenant,
or
by
a
solar
access
permit
as
set
forth
in
sec/on
nine
B
of
chapter
forty
A
– Sets
out
the
important
provisions
to
include
when
preparing
a
solar
easement

27. Provisions
in
Beverly
Zoning
•
“When
a
solar
energy
collec/on
system
is
installed
on
a
lot,
accessory
structures
or
vegeta/on
on
an
abuGng
lot
shall
not
be
located
as
to
block
the
solar
collector’s
access
to
solar
energy.”
• Protects
from
shading
between
9am
and
3pm
• Protects
area
of
collector
no
greater
than
50%
of
heated
floor
area
of
structure
• Applies
to
accessory
structures
and
plan/ngs
installed
aZer
installa/on
of
the
solar
structure
• Creates
a
system
to
file
with
the
City
Clerk
showing
date
of
installa/on
and
descrip/on
of
the
site

28. Op=ons
• State
model
provides
op/ons.
These
and
other
by-­‐laws
that
can
act
as
models
can
include:
– Allow
by-­‐right
in
most
cases
– Require
special
permits
only
in
those
cases
where
the
installa/on
characteris/cs
are
most
sensi/ve
– Don’t
require,
or
simplify,
site
plan
review
for
most
installa/ons,
or
require
only
for
the
largest
or
most
visible
installa/ons
– Allow
flexibility
in
historic
districts
to
truly
consider
the
appearance;
don’t
restrict
on
new
construc/on
– Require
installa/on
that
does
not
disturb
the
soil
structure
on
farmland,
but
don’t
prohibit
it

29. Resources
• www.planning.org/research/solar
(series
of
briefing
papers)
• Massachuseds
General
Laws
MGL,
Chapter
184
(General
Provisions
Rela/ve
to
Real
Property),
Sec/on
23C
(Solar
Energy
Systems)
• MGL
Chapter
187
(Easements),
Sec/on
1A
(Solar
Easements)
• ITS
No.52:
Incorpora/ng
Solar
Panels
in
a
Rehabilita/on
Project.
Na/onal
Park
Service.
US
Dept.
of
the
Interior.
August
2009.
• Developing
Design
Guidelines
for
Solar
Panels.
News
from
the
Na/onal
Alliance
of
Preserva/on
Commissions.
9-­‐10,
2009
• Installing
Solar
Panels
on
Historic
Buildings.
North
Carolina
Solar
Center
• A
Comprehensive
Review
of
Solar
Access
law
in
the
United
States.Solar
America
Board
for
Codes
and
Stands.
www.solarbcs.org
• MA
Dept.
of
Agricultural
Resources.
hdp://www.mass.gov/eea/agencies/
agr/about/divisions/energy-­‐efficiency-­‐conserva/on-­‐renewables-­‐program-­‐
generic.html

30. Carolyn
Brid,
AICP
Community
Investment
Associates
cbrid@communityinvestment.net
(978)
356-­‐2164