GENESEE COUNTY/Town of Byron passes 12 month moratorium on solar energy systems

In a packed Byron Town Hall, the Byron Town Board voted 4-1 to enact a 12 month moratorium on solar energy systems in the Town of Byron while the Town of Byron Planning Board continues to work on updating their codes in regards to solar energy systems.

During the year long period, no new building or special use permits will be issued for ground mounted solar energy systems.

The moratorium period may be extended for 6 months and can be terminated prior to its expiration.

Prior to passing the moratorium, a 75 minute Public Hearing was held and only zoning and permitting issues were discussed in regards to a moratorium.

Those in attendance then requested a discussion in regards to the Excelsior Solar Project that Next Era Energy is proposing that will use 1500-2000 acres of farmland for a proposed 280-megawatt solar energy facility. Next Era expects the facility to begin commercial operation in 2022.

The project, because of its size, is moving forward under an Article 10 process. According to NYSERDA, The Article 10 law streamlines the application process for developers, while providing a rigorous process for local input and ensuring environmental and public health laws are followed. The public can participate in the Article 10 decision-making process by offering support, voicing concerns, or asking questions about public health, safety, the environment, and other factors. This process begins during the initial planning of the facility and continues throughout the siting review, construction, and operation.

Major electric generating facilities larger than 25 MW are sited according to New York State’s Article 10 law. This comprehensive law provides guidance to the New York State Board on Electric Generation Siting and the Environment (Siting Board) about authorizing construction and operation of major electric generating facilities.

Link to the Article 10 process: https://www.nyserda.ny.gov/All-Programs/Programs/Clean-Energy-Siting/Article-10

The project is currently on step one in the Article 10 process, public involvement.

Byron Association Against Solar also presented 200 signatures from residents to the Town Board who are against the large scale solar project. The group was formed in December.

Under Article 10, residents in the community who are affected by the proposed facility can seek intervenor funds, either individually or collectively, the funds can be used to pay for expert witnesses, consultants, administrative costs and legal fees. Byron Association Against Solar has requested intervenor funds.

Next Era Energy along with the Article 10 Counsel was also on hand to answer questions in regards to the project and the process.

Candace Hensel, owner of the Byron Hotel, at Rt. 237 and Rt. 262, has been hosting discussions about the Excelsior project each Monday night at 7:00p.m. at the Byron Hotel since October. Anyone looking to ask questions about the large scale solar project can stop by and talk to a representative of the company or get more information about the Byron Association Against Solar.

Anyone interested in hearing more about how the codes will change to conform with the revised Comprehensive Plan in Byron is welcome to attend planning board meetings which are held the first Wednesday of each month at 7:00p.m. at Byron Town Hall on Rt. 237.

The Comprehensive Plan was revised last January and addresses the need for proper planning and the location of renewable energy production facilities to protect the health, safety and welfare of town residents. According to George Squires, Chairman of the Planning Board, the board is hoping to complete the new zoning requirements for solar energy systems in the next few months. Another public hearing will be held on the new zoning laws once they are written.

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