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ADDENDUM Plan Addendum: Community Standards for Energy Facility Siting and Development Note: The following standards are intended for consideration in the development of local bylaws, where applicable, and in the municipal review of energy projects before the Public Service Board. As noted earlier, the PSB must find that a proposed project "will not unduly interfere with the orderly development of the region with due consideration having been given to the recommendations of the municipal and regional planning commissions, the recommendations of the municipal legislative bodies, and the land conservation measures contained in the plan of any affected municipality." For determinations of scenic impact, the PSB uses the Act 250 "Quechee Test" which considers in part whether a project violates a "clear, written community standard intended to preserve the aesthetics or scenic beauty of an area"– and more specifically the project area. For consideration in regulatory proceedings, municipal policies or "community standards" should be specific in their application, clearly stated, and internally consistent. For example, no clear direction is provided by general statements to protect scenic ridgelines and to support wind development. The language used is also important. In this context "shall" and "must" carry more weight as specific mandates, than "should" or "may" which are interpreted as recommendations or guidelines. Because the municipality has no direct authority, "should" – as a recommendation to the PSB for consideration – may be appropriate, but for added clarity, in certain cases "shall" or must" or similar language may be needed. The following standards should be reviewed very carefully for local application and use. These community standards are to be considered in undertaking municipal energy projects and programs, in updating the town's bylaws to address renewable energy development subject to local regulation, and in the review of new or upgraded energy facilities and systems by the town and the Public Service Board under 30 V.S.A. § 248 (Section 248 review). Facility Development Priorities. The following forms of energy development will be considered for support by the Town of ________, in order of priority: 1. Increased system capacity through state, utility and municipally-supported energy efficiency and conservation programs. 2. Small, onsite distributed energy projects, including Individual and group net-metered renewable energy projects and community- based projects that conform to municipal policies and standards. 3. In-place upgrades of existing facilities, including existing transmission lines, distribution lines and substations as needed to reliably serve the town and region. 4. New commercial, utility-scale energy facilities, including new transmission and distribution lines, substations, hydro dams, wind and solar farms, co-generation facilities and biomass plants. 20PDF Image | POLICY GUIDE FOR SOUTHERN WINDSOR COUNTY
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