Wednesday, December 29, 2010

Solar Regulations Challenge Local Residents

When Carrie Lewis looks out the windows of her East Pennsboro Twp. Pennsylvania home, it’s hard to miss the two arrays of solar panels in her neighbor’s yard.

She has nothing against solar energy, but she’s worried the glare and the heat from the 10-foot-wide panels might damage her fence.

All over the country, people are installing energy alternatives like solar panels. But the move to green energy has been too fast for many municipalities to keep their rules up to date.

East Pennsboro Twp. is one of the few municipalities in the midstate to write an ordinance on solar energy systems. That ordinance just had its first test.

It failed.

The panels — installed about 15 feet from Lewis’ property line with the permission of the township — point at Lewis’s bedroom window. The owner of the panels didn’t return phone messages seeking comment over three days this week. A knock on the door went unanswered.

The township wrote the ordinance in February, with the model suggested by the state’s Department of Environmental Protection.

The model is supposed to provide municipalities with a place to start and then adjust it based on their needs, said John Repetz, spokesman for the Department of Environmental Protection.

“I think maybe we gave permission for something we didn’t know enough about yet,” said township manager Bob Gill.

The expanding use of solar panels is sending waves of controversy around the nation.

A California couple tested that state’s right-to-sunlight law in 2008. After installing solar panels, they sued their neighbors whose redwoods cast shadows on the panels. The redwood owners were required to trim about 4 feet from their trees.

Last month, the East Pennsboro board of commissioners put a temporary stop to solar energy systems being installed. The moratorium requires the commissioners to review each request for a permit to install the systems until it can recommend appropriate changes to the ordinance.

Lewis said before the ordinance is rewritten, she thinks the board should seek expert advice on the effects of solar panels.

Other municipalities have been more hesitant about setting their own standards for solar energy systems.

In April, the Hampden Twp. commissioners discussed adopting a solar ordinance but has since put the idea on hold.

Township manager Michael Gossert said they’ve held off on writing a new ordinance for the systems because they’re still researching how to get past potential conflicts.

“It’s tough to talk about because you’re talking about a structure on somebody’s property,” he said.

Dickinson Twp. is in the process of writing a solar ordinance, with the intent to take a proactive approach, township manager Ron Reeder said.

The township already has several solar systems installed of varying sizes.

“All we’re trying to do is avoid future problems with them by making sure how they’re going to be,” Reeder said.

Reeder said they want to prevent neighbors from feuding and keep everybody as happy as possible. The planning commission has consulted other solar ordinances for guidance over the last six months.

West Hanover Twp. adopted its ordinance on solar panels in 2009, and Robert Leonard, the township’s zoning administrator said they haven’t run into any problems.

Leonard said in the last year, they’ve had seven or eight residents install them on their homes, more than double the number put on in 2009.

The township did, however, add language that said no adjacent property owner would be required to cut or remove any plants or structures to accommodate the panels.

So if, say, a tree grows in the way of the panels, there’s nothing the township can do about the tree.

East Pennsboro’s standards require that the panels be 15 feet from the property line and no more than 18 feet high. Panels cannot be in the front yard and cannot extend past the front wall of the building.

In the last year, the interest in installing solar energy systems has grown, thanks to government incentives.

As of June, Cumberland County has 49 residents using the state rebate — the seventh most in the state. Lancaster is number three on the list with 104 installations, and York County is number five, with 65 installations, according to the Department of Environmental Protection.

Lewis said she has a problem with companies that install the systems targeting homeowners.

“I understand the desire to decrease energy bills, but when does saving energy overtake the ability to enjoy my home and back yard?” she said.

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