(A) Purpose. The Charter Township of Clayton promotes the use of solar energy as a clean alternative energy source. Commercial and personal use of ground-mounted or structure-mounted solar energy systems will be permitted subject to the regulations set forth herein to protect the public health, safety, and welfare of the residents of the township.
(B) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING-MOUNTED SOLAR ENERGY SYSTEM. Solar energy collector(s) attached to a structure on the roof, wall, or window of a structure. Building-mounted solar energy collectors shall include solar roofing shingles.
COMMERCIAL SOLAR ENERGY SYSTEM. Commonly referred to as a SOLAR FARM. A utility scale or commercial operation facility of solar energy systems for the primary purpose of wholesale or retail sales of generated electricity.
GROUND-MOUNTED SOLAR ENERGY SYSTEM. Solar energy collector(s) not attached to a structure and separate from any building on the parcel of land where the solar collector is located.
SOLAR COLLECTOR. A panel or panels or combination of devices or equipment, structure, that collect, store, distribute, or transforms solar, radiant energy into thermal, chemical, or electrical energy.
SOLAR COLLECTOR RACKING SYSTEM. Any structure or building material used to mount a solar collector or solar energy system.
SOLAR ENERGY. Direct, diffuse, and reflected radiant energy received from the sun.
SOLAR ENERGY SYSTEM. A structure comprised of a solar collector and all other equipment that is designed to collect, distribute, or store solar energy for the purpose of generating electrical power for principal use on the land on which the solar energy system is located or for the sale and distribution of excess available electricity to an authorized public utility.
SOLAR SHINGLES. Any roofing product or roofing material manufactured and installed to collect solar energy and convert the solar energy into thermal, chemical, or electrical energy.
(C) Regulations.
(1) All solar energy systems.
(a) A building permit issued by the township Building Department to the parcel owner and/or the owner of a solar energy system shall be obtained as a requisite to the installation of any solar energy system in any township zoning district.
(b) A solar energy system site plan and applicable fee pursuant to the township fee schedule shall be submitted by the owner of any parcel upon which a proposed solar energy system will be installed.
(c) A solar energy system shall comply with all industry standards, including, but not limited to, the standards set forth by the American National Standards Institute (ANSI).
(d) A solar energy system shall comply with all township ordinances.
(e) A solar energy system shall comply with all applicable local, state, and federal building codes and shall require the approval of the township Building Official.
(f) The installation and inspection of all solar energy systems shall only be performed by properly licensed and certified personnel that are in compliance with all local, state, and federal statutes and regulations.
(g) A solar collector racking system shall be constructed from material that is dull or dark in color, non-glossy, and non-reflective and shall not create a nuisance to adjacent properties.
(h) The installation of a solar energy system shall not alter the existing parcel topography.
(i) A solar energy system shall be installed, maintained, and operated according to the strict directions of the manufacturer. A copy of the manufacturer's instructions on the installation and operation of the solar energy system shall be submitted to the township Building Official with a building permit application.
(j) The building permit application for a solar energy system shall be reviewed by all applicable township inspectors.
(k) A solar energy system site plan shall provide that all solar panels are properly secured to the solar collector racking system and that the racking system will properly support the solar energy system.
(l) A solar energy system shall be comprised of tempered, non-reflective materials and surfaces.
(m) The installation of any solar energy system shall not negatively impact adjacent properties, including, but not limited to, additional or excessive storm water runoff or drainage.
(n) The noise level for any solar energy system shall not exceed 40 dBA as measured at any property line for the solar energy system.
(o) A solar energy system that is damaged and in disrepair shall be repaired to operational condition within 90 days of being damaged or it shall be deemed by township to be abandoned.
(p) A solar energy system shall be considered abandoned if it has not operated for a continuous period of 90 days or longer.
(q) A solar energy system that is abandoned shall be removed and the structure or parcel shall be restored to its previous condition prior to the installation of the solar energy system within 90 days of the solar energy system deemed abandoned.
(2) Building-mounted solar energy systems.
(a) A building-mounted solar energy system shall be allowed in all township zoning districts subject to a special conditional use permit and all provisions set in §§ 150.150 through 150.152 of this Code of Ordinances.
(b) All building-mounted solar energy systems shall only be installed on the roof, wall, or window of an existing structure.
(c) All building-mounted solar energy systems shall be permanently attached to the structure.
(d) All building-mounted solar energy systems shall not be located within 3 feet of a peak, eave, or valley of the structure.
(e) All building-mounted solar energy systems shall be constructed of material and of such a weight that the system is safely supported by the structure and approved by the township Building Official.
(f) All building-mounted solar energy systems shall comply with all township building height regulations and shall not project more above the highest point of a roof on the structure that the building-mounted solar energy system will be installed.
(g) All building-mounted solar energy systems shall not project higher than the existing building roof line if installed on the wall of a structure.
(h) A building-mounted solar energy system shall not exceed a maximum of 40% of the total square feet of the surface of the structure.
(i) A building-mounted solar energy system may be attached to a sign and shall not exceed a maximum of 40% of the total square feet of one side of the sign.
(3) Ground-mounted solar energy systems.
(a) A ground-mounted solar energy system shall be allowed in all township zoning districts subject to a special conditional use permit and all provisions set forth in §§ 150.150 through 150.152 of this Code of Ordinances.
(b) Ground-mounted solar energy systems shall only be installed in rear or side yards and shall not be installed in any parcel setback. The installation of all ground-mounted solar energy systems shall be subject to all township setback ordinances.
(c) Ground-mounted solar energy systems shall not exceed 9 feet in height as measured from the ground at the base of the system to the highest point of the system.
(d) Ground-mounted solar energy systems shall be subject to and regulated by the township accessory building ordinances.
(e) Ground-mounted solar energy systems shall not exceed a maximum of 40% of the total square feet allowed in the township accessory building ordinances.
(4) Commercial solar energy systems.
(a) Commercial solar energy systems shall only be constructed in the township Residential Agricultural District (RA) subject to a special conditional use permit and all provisions set forth in §§ 150.150 through 150.152 of this Code of Ordinances.
(b) Commercial solar energy systems shall only be constructed on Residential Agricultural District (RA) parcels with a minimum of 20 acres.
(c) Commercial solar energy systems shall be subject to all township zoning ordinances, including, but not limited to, setback requirements, screening and landscaping requirements, and all site plan requirements.
(e) The site plan for a commercial solar energy system shall include verification that adequate infrastructure exists to transport the electricity generated into the grid system.
(f) Commercial solar energy systems shall be installed a minimum of 100 feet from the property line or right-of-way line.
(g) Commercial solar energy systems shall be screened from residential dwelling units and/or residential zoning districts as detennined by the township Building Official and the township Planning Commission.
(h) All screening and landscaping shall be properly maintained.
(i) Power and communication lines in the commercial solar energy system between solar panels may be placed above ground provided that the lines are installed no higher than the top of the system structure.
(j) Power and communication lines in the commercial solar energy system to electric substations or interconnections with buildings shall be buried underground unless otherwise approved by the township Planning Commission.
(k) If the commercial solar energy system is located within 2 miles of an airport, the applicant must provide approval from the FAA and/or local airport authority for the project.
(l) The applicant for a commercial solar energy system and all subsequent owners of the solar energy system or the property on which the solar energy system is installed shall notify the township Building Official in writing within 30 days of any change in the ownership of the property or the solar energy system.
(m) The applicant for a commercial solar energy system shall submit a decommission plan for the removal of the commercial solar energy system once deemed abandoned. The decommission plan shall include, but is not limited to, provisions for the removal of all structures, foundations, electrical equipment, internal or perimeter access roads, restoration of soil and vegetation, and evidence that financial resources are available to fully decommission the site.
(n) The applicant for a commercial solar energy system shall submit a construction bond to guarantee removal of the commercial solar energy system equal to 125% of the cost to decommission and restore the site if the system is deemed abandoned. The township Planning Commission shall determine the appropriate amount of the construction bond tluough the site plan approval process.
(D) Penalties.
(1) Failure to repair or remove a solar energy system within 90 days of the damage or the system being deemed abandoned shall subject the parcel owner and/or the owner of a solar energy system to a township civil municipal civil infraction and all applicable remedies, including fines and costs, as set forth in §§ 150.65 through 150.72 of this Code of Ordinances.
(Ord. 2019-483, passed 12-12-2019)