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BYLAW STANDARDS Conditional Use Review – Access, Utility Capacity Solar and Wind Access. 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. 1. Minimum required setback distances may be increased or reduced by the [AMP] as necessary to accommodate onsite renewable energy systems or to protect resource access for existing offsite renewable energy systems, as provided under Section ____ (Access). Utility Capacity. New development shall not exceed the capacity of existing and planned [municipal] utility systems, including generation and transmission systems, to serve the proposed development. 1. For development with high energy demand that could adversely affect existing or planned utility system capacity or service, the [AMP] may require documentation of the utility's ability and intent to serve the proposed project, and incorporate related conditions of approval for energy efficiency, on-site generation, or project phasing, consistent with any applicable requirements imposed by the utility or the state, as necessary to mitigate known service or facility impacts. Note: "Ability to serve" letters from utility companies are often required for development under Act 250 review. This covers larger projects, but not necessarily all development that could significantly increase energy demand. This type of provision may be of use especially in communities with municipally-owned utilities (e.g., Ludlow), community generation or district hearing, or larger group-net-metered facilities that are intended to serve a development. 44PDF Image | POLICY GUIDE FOR SOUTHERN WINDSOR COUNTY
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