Page 6 THE VILLADOM TIMES I • November 19, 2014 Franklin Lakes Borough council mulls solar panel regulations by Frank J. McMahon The Franklin Lakes Borough Council has reviewed the current regulations on the installation of solar panels, but has decided to leave them in place for now. The borough’s solar panel ordinance, which was adopted in September 2012, permits the installation of solar panels, but recognizes that solar panels, especially in residential zones, have the potential to have a negative aesthetic impact on surrounding properties. The ordinance gives the plan- ning board discretion regarding the loca- Golf course development (continued from page 3) units and would have sale prices affordable to lower income families in accordance with current affordable housing regula- tions, with an average estimated sale price of $131,947. The proposed residential development is anticipated to have 680 residents, and was estimated to require tax-supported munici- pal service costs estimated at $630,360 in 2013. Municipal tax revenues from the proposed residential development would have amounted to $560,960 at the cur- rent tax rate, and would have offset 88.9 percent of the allocated municipal service costs, to yield a municipal revenue deficit of $69,400. The 220 market rate housing units are estimated to generate 73 public school chil- dren, while the 55 affordable housing units are estimated to generate 13 public school children, for a total of 86 students, 63 of whom would be expected to be enrolled in the Franklin Lakes School District with an allocated cost of $l,190,640. These school district costs would be fully offset by added school district tax revenues of $1,272,060, to yield a revenue surplus amounting to $81,420. The Ramapo-Indian Hills Regional High School District is expected to receive 23 public school students with an allocated tax-supported cost of $443,760, which would be fully offset by added tax reve- nues of $905,040 to yield a revenue surplus of $461,280. The 220 market rate housing units would generate estimated annual tax revenues totaling $3,140,400 that would offset the costs of $2,127,930 allocated to the market rate housing units to yield an annual revenue surplus of $1,012,470. The 55-unit affordable housing com- ponent would generate estimated annual tax revenues totaling $106,490 and tax- supported costs of $377,550, resulting in a revenue deficit of $271,060. However, the revenue surpluses generated by the market rate housing units would be suf- ficient to fully offset the revenue deficits of the affordable housing units, and would result in a combined revenue surplus of $741,410. The hearing will continue at a special planning board meeting on Dec. 10 and at the board’s regular public meeting on Dec. 17. A field trip to the site by the board was also scheduled for Dec. 13. tion of the solar energy panels. The ordinance requires that the panels be placed on the rear roof of a building unless it can be demonstrated by expert testimony that rear roof installation is proven to be ineffective or impossible. The borough council discussed the installation of solar panels at a recent public work session and whether the installation of solar panels should require an applica- tion to the planning board. Franklin Lakes Borough Attorney Wil- liam Smith reviewed the appropriate sec- tion of the borough code and pointed out that, according to the code, all applications for a solar energy system must conform to codes and buffer and planting requirements with respect to tree removal, replacement, and protection of no-disturbance zones. In addition, any trees and/or shrubs to be removed to accommodate the installation of a solar energy system must be accom- panied by a plan demonstrating the need to remove the trees and the replacement of the trees in accordance with the provisions of the municipal code. He also advised the council that an applicant must locate a solar energy system so tree removal is not required to the extent practical, and the design of a solar energy system must, to the extent reasonably pos- sible, use material, colors, textures, screen- ing, and landscaping that will blend into the natural setting and existing environment. Smith pointed out that the code states that roof-mounted solar panels are not per- mitted on the front roof of a structure which faces a street, unless the applicant presents valid reasons to the planning board as to why a front roof is the only effective or possible means for utilizing solar energy on the property. Mayor Frank Bivona told the council that, according to federal and state law, the installation of solar panels cannot be prohibited, although the council can limit where they are located. Bivona questioned, however, the need to go to the planning board for approval. “Why force them to go to the plan- ning board if that board cannot say ‘no’?” Bivona asked. Smith responded, “You can’t say ‘no,’ but you can impose reasonable condi- tions.” Smith proposed an option for the coun- cil that would eliminate the planning board review in residential zones where the panel is located on the rear roof and there is no request to remove trees. Bivona said he liked Smith’s suggestion and he emphasized that the council adopted an ordinance that allows solar panels to be installed, but the planning board has rec- ommended that the ordinance concerning solar panels be left in place for a year. He pointed out, however, that being required to make an application to the planning board can be expensive due to legal and engineering costs. “That’s a high cost for something that is permitted by ordinance,” Bivona said. Ultimately, Bivona and the council agreed to keep the issue on the council’s work session agenda and review the matter again in six months.