Bethany begins discussion of solar-power ordinance

The Bethany Beach Planning Commission met last week to begin discussion of a proposed solar energy ordinance for the town. The commissioners were careful to note that, since recently adopted state law specifically does not allow any new prohibitions on solar and wind energy systems by municipalities or homeowner’s associations, any ordinance would serve as more of an encouragement to install the systems than a restriction.

“It’s more ‘if you are going to do it, this is how we’d like you to do it,’” said Chairman and Council Member Lew Killmer.

The group went line for line through the proposed draft ordinance created by Killmer and discussed issues such as the placement of the solar panels and equipment, and suggested limiting them, unless there are no alternatives, to the sides and back of a given home and/or property. They also discussed mandating that they match the roof color and have no roof overhang.

Commissioners discussed having a statement in the ordinance regarding future trees or structures, because of the potential impacts of shadowing, but ultimately decided that it was not the town’s decision to regulate placement based on a neighbor’s future structures and to “let the buyer beware.”

While they agreed that homeowners have every right to sell excess power back into the grid, they agreed to limit would-be installers to using the solar panels primarily for on-site residential generation and to prohibit use in a commercial operation to sell energy.

This ordinance concentrates solely on solar energy systems including photovoltaic solar panels, solar hot-water heaters and related equipment that goes along with installation of such systems.

The commission will meet with a roundtable of experts sometime in the fall, much like they did when they were planning their ordinance concerning geothermal systems. They will discuss more in depth the feasibility of the ordinance as it is written and discuss any changes or additions the vendors might offer from their real-life experience and knowledge.