China planners agree with many solar ordinance changes

by Mary Grow

The three China Planning Board members participating in the July 12 meeting agreed with many of Board Chairman Scott Rollins’ proposed changes in the draft Solar Array Ordinance. They scheduled others for discussion at July 19 and July 26 board meetings and at a public hearing set for 6:30 p.m. Thursday, Aug. 4, with final decisions at the board’s Aug. 9 meeting.

Rollins’ goal is to present the Solar Array Ordinance, and proposed changes to two parts of the existing Land Use Ordinance, to China Select Board members at their Aug. 15 meeting. Select board members could accept the documents for inclusion in a Nov. 8 local ballot; or, if they ask for clarifications or changes, planners could re-review on Aug. 23 and resubmit to select board members on Aug. 29.

The draft solar ordinance distinguishes between commercial developments, as a principal use of a piece of land, and auxiliary arrays, ground-mounted or on roof-tops, usually intended to power a single house or business. It categorizes arrays by size, small, medium or large.

It imposes stricter limits on solar development in shoreland, stream protection and resource protection areas than in rural areas. Depending on the type of solar array and the location, either the codes officer or the planning board is empowered to review an application.

One issue left for future discussion was what types and sizes of solar development should be allowed in protected areas, and what type of review to require.

Another was how to guarantee that after a commercial solar development reaches the end of its useful life, the infrastructure will be removed and the land restored to its previous state. The question began as how to hold the developer responsible; board member Walter Bennett added that the landowner from whom the developer leased the area should also have responsibility.

Commercial solar arrays are routinely fenced to keep trespassers out. Based on their visit to an operating solar farm on Route 32 North (Vassalboro Road), board members want the ordinance to include provisions ensuring wildlife movement. At the same time, they want the solar company to be able to protect its property. Options discussed included elevating the bottom of fencing around the development so small animals can get under, leaving gaps in fences, or – especially for a large project – fencing separate sections with passages between.

The conclusion was that wildlife passage will be required, with methods appropriate to each site to be negotiated with the developer.

Audience member Brent Chesley recommended a specific change in the draft ordinance. It currently says that building owners may add solar equipment to their buildings “by right” unless both the codes officer and the local fire chief find the addition would create an “unreasonable” safety risk.

Pointing out that the codes officer and the fire chief look at different issues, Chesley recommended changing “and” to “or.” Planning board members agreed.

The May 2021 draft of the solar ordinance is on the Town of China website, china.govoffice.com, under the planning board heading. An updated version is to be posted as soon as possible after the July 26 board meeting for residents’ review before the Aug. 4 public meeting.

Planning board meetings are held at 6:30 p.m., usually in the town office meeting room, and are open to the public, in person and via LiveStream.