Shining Light on Solar Development in New York

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presentation by John Cappello, Partner, Jacobowitz and Gubits LLP

http://www.cuny.edu/about/resources/sustainability/reports/NYS_Mode l_Solar_Energy_LawToolkit_FINAL_final.pdf

 Roof mounted

 Ground mounted serving individual home

Consider adopting NYS

Unified Solar Permit

Farms

Agricultural use if supplying only farm

Businesses

Schools and Non-Profits

Group of home owners

 Where should they be permitted

 Proper set backs, screening and mitigation of any visual impacts

 Height of structures

 Fencing and security

 Removal and decommissioning

 Address Fears and Misconceptions

Fear of Clear Cutting forested areas

Fear of loss of large areas of farmland

Fear of use of massive amounts of o pesticides to control vegetation growth

Disposal of solar panels when no longer used

 Due Diligence Period

 What happens to crops that may have been planted

 Term of Lease and Options

 Impact of Increased Assessment

 Rollback taxes

 Solar exemption – Opt out

 Proportionality

 Assignment of Lease

 Insurance

 Impact on Remaining Lands

 Removal

 Utility Easements

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