Knox planning board unveils solar law draft

— Photo from New Leaf Energy

This page from New Leaf Energy’s application for a solar project on Reservoir Road, in Knox, shows a natural visual buffer created by existing trees. Visual buffers are an important component of the town’s draft solar law.

KNOX — The Knox Planning Board is seeking public feedback on its newly-published draft solar law at a public hearing on Aug. 8, at 7:30 p.m. at the town hall.

The 15-page law would be a substantial addition to the town’s zoning ordinance, which currently includes bare-bones solar regulations that were determined to be inadequate as the town dealt with an influx of solar project applications over the past few years. 

New large-scale solar applications are currently under a moratorium — set to expire in October of this year — after it was decided that the town had too many projects in the pipeline and needed to lay better groundwork on the issue, similar to the way neighboring Westerlo had in 2021. 

Current solar regulations add up to about two paragraphs in the town’s zoning, putting standard conditions on applicants, such as requiring them to provide a decommissioning plan, coordinate with emergency services, and create a visual buffer.

The draft law, on the other hand, would add specifics to these conditions (for instance, creating set-back, height, and density requirements for the buffers) while going far beyond them, for both small and large-scale solar projects.

As under current regulations, large-scale solar development, meaning that which is 30 kilowatts or more, is allowed in the agricultural, business, multi-use recreational, and residential zoning districts, contingent on a site plan review. 

Small-scale solar, for facilities smaller than 30 kilowatts, is currently allowed in those same districts, but the draft law would consider them an accessory structure allowed in “all zoning districts.” That provision also applies to agricultural and building-integrated solar installments.

The draft law would, however, discourage or outright prohibit development of large-scale facilities on prime soils, mature forests, and high-quality wetlands. 

 The minimum lot-size for a large-scale facility would be 10 acres, with a 200-foot setback requirement, and a minimum 500-foot distance between any component of the facility and a residence. 

“The Planning Board is authorized to increase the width of this buffer if site conditions and adjacent land uses warrant a larger setback,” the draft law reads.

The law would also prohibit the clearing of vegetation beneath the panels, and says that the planning board may allow crops to grow beneath the panels and grazing to occur so long as it doesn’t interfere with their functioning, a system known as agrivoltaics. This addition stems from a recommendation given to the planning board by the town’s agricultural committee chairman, Gary Kleppel.

As mentioned, visual buffers would be required. If there is a fence or wall of some kind, the law would require, for every 50 feet, one canopy tree, 10 understory trees, and 15 shrubs. Without a wall, the requirements increase to five canopy trees, 12 understory trees, and 20 shrubs.

The law would also give the planning board the ability to require facilities to be painted in earthy colors to improve camouflage. 

Applicants would also potentially be required to consult with the major local airports in Albany and Schenectady to address any glare issues. More local impacts of glare, such as on nearby properties and roadways, would be managed by anti-reflective coatings. 

Altogether, the law addresses upfront many of the most common issues that arise during application cycles.

There have been contentious public hearings in Knox over solar proposals that threatened to diminish the quality of life for several residents. 

Developer RIC Energy twice failed to get a Thompsons Lake Road project approved following pushback from locals, who complained about visibility, clear-cutting, glare, and noise, among other things. 

The town is currently considering another application, from New Leaf Energy, which hopes to construct a facility on a 300-plus acre property on Reservoir Road, owned by the village of Altamont. 

In June, a representative from US Light Energy had attended a planning board meeting hoping for information about the as-yet unpublished solar law and solar moratorium. 

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