Notice of Public Hearing- Proposed Local Law-Large Scale Solar Energy Systems


PLEASE TAKE NOTICE, that pursuant to the direction of the East Greenbush Town Board,    the Town Board shall hold a public hearing on June 8, 2022, at 5:45 P.M., at the East Greenbush Town Hall located at 225 Columbia Turnpike in the Town of East Greenbush, to receive comments from the public about a proposed local law as follows:

A local law enacting Amendments to Portions of the Solar Energy Law Governing Large-Scale Solar Energy Systems and Other Solar Facilities.

By Local Law No. 1 of the year 2017, the Town board of the Town of East Greenbush enacted the Solar Energy Law for the Town of East Greenbush, for the purpose of regulating the installment of residential and commercial solar power generation installations. That local law defined a “large-scale solar energy system” (hereinafter “LSSES”) as a solar energy system producing energy primarily for the purpose of offsite sale or consumption, and it set forth special use permit approval standards for LSSES. Since passage of the Solar Energy Law, there have been changes in solar energy technology and use, and State legislation was passed relating to the regulation of solar energy projects.

The Solar Energy Law would be amended by the proposed local law as follows: 1) definitions relating to aspects of LSSES would be added, including new definitions for Tier 1, Tier 2, and Co-Use LSSES, and certain existing definitions would be modified; 2) Solar Energy Law Section 7 (Approval Standards for LSSES) would be amended with regard to the zoning districts where LSSES would be permitted, general requirements for LSSES, and that LSSES would require major site plan approval; 3) Solar Energy Law Section 7 would also be amended to provide for application materials and requirements (Sect. 7.05A), add a provision relating to application fees and consultant escrow funding for review (Sect. 7.05B), set forth site plan approval design standards (Sect. 7.05C), provide special use permit approval standards (Sect. 7D), and set forth approval conditions (Sect. 7E); 4); 4) Section 7.06 would provide the Planning and Town Boards with the ability and set forth a procedure to modify Section 7.05 requirements; 5) Section 7.07 would be added to address LSSES decommissioning and removal, including new provisions relating to financial security and a process for removal by the Town if necessary; 6) Sections 7.08, 7.09, and 7.10 would be added to address permit timeframes and abandonment, relationship of proposed LSSES to existing zoning nonconformities, and LSSES project and property ownership and transfer; 7) Section 7.11 would be added to require a payment in lieu of taxes and a host benefit agreement; and 8) a new Subsection 6D would be added to provide that on-farm solar energy systems are permitted in R-B, R-OS, CI, A-R Districts with a building permit as an accessory structure, subject to certain requirements.

A copy of the local law may be inspected at the Office of the Town Clerk during regular business hours. A copy of the proposed local law is also available on the Town’s website at:

Written comments may be submitted to the Town Board by email to or by mail to the Town Board, Town of East Greenbush, 225 Columbia Turnpike, Rensselaer, New York 12144 at any time prior to the hearing.

Proposed Local Law-Large Scale Solar Systems

By order of the East Greenbush Town Board   
Dated: May 25, 2022
Ellen Pangburn, Town Clerk