§ 154.038 SOLAR ENERGY SYSTEMS.
(1) All solar energy systems must conform to the provisions of this section and all county, state, and federal regulations, and safety requirements as well as applicable industry standards.
(2) Solar energy systems shall be located or placed so that concentrated solar glare shall not be directed toward or onto nearby properties or roadways at anytime of the day.
(B) Private solar energy systems. Private solar energy systems shall be permitted in all zoning districts, provided they conform to applicable county, state and federal regulations and safety requirements, including the Michigan Building Code. A building permit shall be required for the installation of any private solar energy system.
(1) Roof- or building-mounted private solar energy systems. Roof- or building-mounted private solar energy systems shall be considered an accessory use in all zoning districts, subject to the following requirements:
(a) No part of the solar energy system erected on a roof shall extend beyond the peak of the roof.
(b) No part of a solar energy system mounted on a roof shall be installed closer than three feet from the edges of the roof, the peak, or eave or valley in order to maintain pathways of accessibility.
(c) No part of a solar energy system mounted on a roof shall extend more than two feet above the surface of the roof.
(d) In the event that a roof- or building-mounted solar energy system has been abandoned (meaning not having been in operation for a period of one year), it shall be removed by the property owner within six months from the date of abandonment.
(e) A building permit shall be required for installation of roof- or building-mounted private solar energy systems.
(2) Ground-mounted private solar energy systems. Ground-mounted private solar energy systems shall be considered an accessory use in all zoning districts, subject to the following requirements:
(a) Prior to the installation of a ground-mounted solar energy system, the property owner shall submit a site plan to the Zoning Administrator. The site plan shall include setbacks, panel size, and the location of property lines, buildings, fences, greenbelts, and road right-of-ways. The site plan must be drawn to scale.
(b) A ground-mounted solar energy system shall not exceed the maximum building height for adjacent accessory buildings, but in no case shall the maximum height of any ground-mounted solar energy system exceed 15 feet above the ground when oriented at maximum tilt.
(c) A ground-mounted solar energy system shall be located in the rear yard and shall meet the rear yard setback requirements applicable in the zoning district in which the solar energy system will be located.
(d) All power transmission or other lines, wires, or conduits from a ground-mounted solar energy system to any building or other structure shall be located underground. If batteries are used as part of the ground-mounted solar energy system, they must be placed in a secured container or enclosure.
(e) There shall be greenbelt screening around any ground-mounted solar energy systems and equipment associated with the system to obscure, to the greatest extent possible, the solar energy system from any adjacent residences. The greenbelt shall consist of shrubbery, trees, or other non-invasive plant species that provide a visual screen. In lieu of a planting greenbelt, a decorative fence (meeting the requirements of this chapter applicable to fences) may be used.
(f) No more than 20% of the total lot area may be covered by a ground-mounted solar energy system.
(g) In the event that a ground-mounted solar energy system has been abandoned (meaning not having been in operation for a period of one year), the property owner shall notify the township and shall remove the system within six months from the date of abandonment.
(h) A building permit shall be required for installation of a ground-mounted solar energy system.
(C) Commercial solar energy systems. Commercial solar energy systems shall only be allowed in the Agricultural-Residential District or the Industrial District as a special land use approved by the Planning Commission. In addition to any other requirements for special land use approval, commercial solar energy systems shall be ground-mounted and are subject to the following requirements:
(1) The property owner or applicant for a commercial solar energy system shall provide the Planning Commission with proof of ownership of the subject property, a copy of any lease agreement for a commercial solar energy system, together with an operations agreement, which shall set forth the operations parameters, the name and contact information of the certified operator, inspection protocol, emergency procedures and general safety documentation.
(2) Commercial solar energy systems shall be located on parcels of land no less than 20 acres in size.
(3) The commercial solar energy system shall meet the minimum front, side and rear yard setbacks of the zoning district.
(4) The height of the commercial solar energy system and any mounts shall not exceed 15 feet when oriented at maximum tilt.
(5) Landscaping shall be provided to screen the system from view on all sides to the greatest extent possible.
(6) Prior to installation, the applicant shall submit a descriptive site plan to the Planning Commission which includes where and how the commercial solar energy system will connect to the power grid.
(7) No commercial solar energy system shall be installed until evidence has been given to the Planning Commission that the electric utility company has agreed to an interconnection with the electrical grid or a power purchase agreement. Any such agreement shall be furnished to the Planning Commission.
(8) A condition of every approval of a commercial solar energy system shall be adequate provision for the removal of the system whenever it ceases to be used for one year or more. In the event that a system has been abandoned (meaning not having been in operation for a period of one year), the property owner and developer/applicant shall notify the township and shall remove the system within six months from the date of abandonment. Removal includes the proper receipt of a demolition permit from the Building Official and proper restoration of the site to the satisfaction of the Zoning Administrator. The site shall then be filled and covered with top soil and restored to a state compatible with the surrounding vegetation.
(9) To ensure proper removal of a commercial solar energy system upon discontinued use or abandonment, applications shall include a description of the financial security guaranteeing removal of the system which must be posted with the township within 15 days after approval or before a construction permit is issued for the facility. The financial security shall be: 1) a cash bond; or 2) an irrevocable bank letter of creditor a performance bond, in a form approved by the township. The amount of such guarantee shall be no less than the estimated cost of removal and may include a provision for inflationary cost adjustments. The estimate shall be prepared by the engineer for the developer and shall be approved by the township. The applicant shall be responsible for the payment of any costs or attorney fees incurred by the township in securing removal. If the owner of the facility or the property owner fails to remove or repair the defective or abandoned commercial solar energy system, the township, in addition to any other remedy under this section, may pursue legal action to abate the violation by seeking to remove the solar energy system and recover any and all costs, including attorney fees.
(Ord. passed 11-15-2021)