Town of Bethlehem DG Bethlehem Solar, LLC Zoning Board of Appeals Wednesday, October 1, 2014 David Albrecht, P.E., PV Engineers, D.P.C. Virginia Cook, NextEra Energy Resources

Presentation Topics Project description Zoning Board of Appeals interpretation Balancing of Interests Next steps – Zoning Board is exempt from Town Code; and – Site Plan Review w/Planning Board

Aerial Photo Town Property Clay Mine Bridge Street

Isolated Federal Wetlands Parcel Boundary Existing Conditions Plan

Bethlehem West Solar Field MW Bethlehem East Solar Field MW Site Plan 7 Acres 4,104 modules 11 Acres 8,132 modules Fence Electrical Equipment Tree Clearing Screening

Racking 30” 8’-9’

Electrical Equipment Transformer Neutral Ground Reactor Switchgear DAS + Low Voltage Equip. Inverter

Fencing

View Corridor Study

Bridge Street

Photo Simulations Before

Photo Simulations After

Photo Simulations Before

Photo Simulations After

Balance of Interest Test Pursuant to Zoning Law B Public projects and improvements. The Board shall decide any questions as to the proper application of this chapter to public or quasi-public projects and improvements under the “balancing of interests” test set forth in Matter of County of Munroe, 72 N.Y.2d.338. Upon a finding of applicability under the “balancing of interests” analysis, the Board may require a project or improvement proposed by a governmental or quasi-governmental entity, or any person or agency acting on behalf of a governmental or quasi-governmental entity to undergo site plan review and approval and/or subdivision review and approval before the Town Planning Board. Such projects and improvements include those: Located on public land or public facilities, whether financed by public or private funds; and Located on public land or private facilities but paid for, in part or in whole, by public funds. Host Community determines whether to subject project to land use regulations Nine (9) factors used by the community to weigh its decision

Nine (9) factors used by the community to weigh its decision: – The nature and scope of the instrumentality seeking immunity; – The encroaching government’s legislative grant of authority; – The kind of function or land use involved; – The effect local land use regulation would have upon the enterprise concerned; – Alternative locations for the facility in less restrictive zoning areas; – The impact upon legitimate local interests; – Alternative methods of providing the proposed improvement; – The extent of the public interest to be served by the improvements; and – Intergovernmental participation in the project development process and an opportunity to be heard. Balance of Interest Test

– Bethlehem is a political subdivision in the State of New York; – NextEra Energy and Borrego Solar Systems, Inc. are working on behalf of the Town of Bethlehem; – Agreement with the Town of Bethlehem on a contract to provide installation – A PPA (Power Purchase Agreement) has been entered into. – The town will provide the land (through an easement) and Borrego will provide the equipment; and – The easement for the land will be for 20 years. Balance of Interest Test 1. The nature and scope of the instrumentality seeking immunity

– There is no encroaching government involved; – No one has a potentially greater interest in the project. Balance of Interest Test 3. The kind of function or land use involved – Solar generating facility; – Passive use; – Approximately 20 acres; – 3.5 acres of tree clearing; and – 25% reduction of electricity costs to the town. 2. The encroaching government’s legislative grant of authority

– Applicant will follow Planning Boards Site Plan Review Process Balance of Interest Test 5. Alternative locations for the facility in less restrictive zoning – Solar use is not defined in the Zoning Law; – Public utility not defined; – Public utility use allowed in General Commercial, Heavy Industrial and Mixed Economic Development districts; and – Town does not have large enough parcel in said districts. 4. The effect local land use regulation would have upon the enterprise concerned

Balance of Interest Test 6. The impact upon legitimate local interests – Project abuts heavy industrial, residential and agricultural uses; – Project is passive and does not: Generate traffic Generate noise, air or light pollution Generate wastewater and consume water Does not increase stormwater runoff No moving parts – The site is un-manned – Vegetative screen proposed along common easterly line – Existing vegetation and topography blocks residences to the southwest

– Solar project will benefit the Town economically & environmentally; – Electricity generated by the Project will offset town demand by 25%; – Project is consistent with town master plans Balance of Interest Test 8. The extent of the public interest to be served by the improvements – There are no feasible alternatives; – The town does not own a large enough parcel in the proper district; – No large enough entities who could take advantage of large remote net- metering credit; 7. Alternative methods of providing the proposed improvement

– Project will be reviewed by County Planning under 239 Law; – Town police, fire and other internal departments will review project as part of Site Plan review; – A public hearing will be held with the Zoning Board of Appeals; and – A public hearing will be held with the Planning Board. Balance of Interest Test 9. Intergovernmental participation in the project development process and an opportunity to be heard

Town of Bethlehem DG Bethlehem Solar, LLC Questions