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BYLAW STANDARDS General Regulation – Access to Renewable Energy Resources Access Protection. New development, including new structures, additions, landscaping, fencing and screening, shall not be located in a manner that obstructs solar or wind access to existing or permitted renewable energy installations on adjoining properties. Waivers. In order to protect access to wind and solar energy resources, the [AMP] may, for development under appeal or subject to site plan, conditional use or subdivision review: 1. Increase required setback distances from side or rear property lines as necessary to preserve solar or wind access for an existing renewable energy facility on an adjoining property. 2. Reduce minimum required setback distances for the siting of a new renewable energy facility on a property as necessary to access onsite solar or wind energy resources, as allowed under 24 V.S.A. § 4414(8). Accordingly, the [AMP] may reduce required setback distances by no more than [50% - 90%] if it finds that: a. The reduction is the minimum necessary to access solar or wind energy required for efficient and cost-effective system installation, maintenance and operation. b. There are no other viable sites on the property to locate the facility, consistent with technical requirements, and other applicable municipal siting requirements under these regulations [and related plan energy facility siting standards]. c. Adverse impacts to the adjoining property, including but not limited to safety hazards, noise impacts, visual impacts, shadow flicker or glare, can be adequately mitigated through siting, equipment modifications, landscaping or screening. For wind towers, an easement from the adjoining property owner may be required as necessary to address potential physical encroachments on the adjoining property in the event of tower collapse. Note: "Renewable energy access" can be generally defined as "the availability of, or unobstructed access to, a renewable energy resource." Access provisions most commonly apply to solar access rights, under state solar access laws and local regulations, but it can also be applied to wind and other renewable energy resources. Vermont has not yet adopted specific resource access or easement statutes but § 4414(8) of Chapter 117 (Access to renewable energy resources) allows municipalities to "adopt zoning and subdivision laws to encourage energy conservation and to protect and provide access to" renewable energy resources. Bylaws must establish associated standards of review. The above language is intended to provide minimum access protection for existing installations that predate adjoining development. This in effect freezes the building envelope on an adjoining property to that in existence at the time a system was installed, without specifically requiring a recorded easement. It gives system owners some redress under the regulations, if impacted by adjoining development. 34PDF Image | POLICY GUIDE FOR SOUTHERN WINDSOR COUNTY
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