Letter to the Editor: Easton's Solar Ordinance

Editor's note: On Sunday, we ran a about Easton's proposed solar panel ordinance. Some people commented on it, including blogger Jon Geeting.

On Monday, William Dohe of the city's Environmental Advisory Council wrote to me, saying that he wanted to write a response, but it was (in his words) getting to be "'Tolsoy-esque' in length." So we've asked him to submit a letter to the editor explaining the ordinance. 

The intent of the ordinance is to promote the implementation of solar pV in the City,, and to guide its installation.  

Solar poses a unique challenge, as you have pointed out- that one needs access to the sun to make the system work.  Our solution attempts to both protect property owners' rights, while also protecting what could be a $20,000+ investment by an individual, doing the right thing.  

Our proposed solution: To first require that a person who is proposing to install such a system provide documentation that they in fact have such solar access presently, and then to "protect" that solar access in the future.  

This ordinance does NOT create de-facto easements over another person's property.  What it does do is ask the Planning Commission to acknowledge an existing solar system, and review a proposed new development with this being one of the factors in their decision in support or otherwise of a particular proposal (along with other impacts to the community which the PC already reviews.) 

There are many communities that actually protect a property's solar access and do limit what an adjoining property can do.  We have not gone to that level with this proposed ordinance.  

I suppose my hope is that IF someone is doing a new project like you suggest (a new 4+ story building) and IF such a project would make an adjoining property's solar system defunct, that as part of a mitigation plan the developer and solar system owner would come to some agreement on the "loss" incurred by the developer's plans.  A review of the City's existing build-out makes this scenario very unlikely, but we need to plan as though such a scenario might take place. 

The ordinance DOES potentially limit the height of trees planted AFTER a solar system is installed on an adjacent lot.  

However, a tree which might block a solar system would 1) take years (20+) to grow to such a height, and b) need to be a tree which would probably be inappropriate so close to a home.  

That is to say, a pin oak or silver maple might be a poor choice (from a property maintenance standpoint) while a shorter, decorative tree might be more appropriate and unlikely to do property damage as it matures.  So an adjoining property CAN plant a tree AFTER a system is installed but may need to choose one of the 100+ trees that would not block the system (and potentially damage his/her own property) in the future.  

The ordinance also addresses the height of accessory structures that may be built after a system is installed.  Accessory structures already require zoning review/approval; this again would be a factor in determining the height and setback such a structure might have.

The other parts of the ordinance describe where and how one might install a system.  Again, the goal is to avoid the satellite dish forest which has taken over the West Ward, and to guide placement of solar arrays so as to minimize the possible visual clutter effects of willy-nilly placement, along with other code/safety concerns.  As a member of the HDC, I can attest that this is a good way to preserve the property values of neighboring homes/buildings.

Lastly, the ordinance is a guide to the best practices of solar installation from a safety standpoint. Most people don't know that if there is a fire in a building and the power is shut off, that some solar systems stay on and are "hot," putting fire fighters at risk of electrocution.  This ordinance addresses this.  

As much as I agree that energy efficiency is about land use, it is only one factor.  Almost 70% of our energy use in this nation is by our buildings themselves - heating, cooling, and lighting them.

One of our main goals as Easton's Environmental Advisory council, is to assist the City (and our country) in becoming truly energy independent in a green way.  This ordinance was drafted with the hope of promoting the use of solar energy systems and to ensure that both solar pV and hot water systems can be integrated into our city in a functional, aesthetically pleasing, and safe way.

William Dohe

Chair, Easton Environmental Advisory Council