(A) Purpose. The purpose of this section is to regulate ground-mounted solar energy systems and provide standards for appropriate placement, screening, design, and removal of such systems. Solar energy is an important element in reducing the use of fossil fuels. As such, development of properly sited solar energy systems is encouraged in commercial areas, on previously developed sites and brownfields, rather than in residential areas, on farmland or wooded areas, and areas with prime agricultural soils.
(B) Ground-mounted solar dimensional regulations.
(1) Dimensional table.
Maximum Height | Minimum Setbacks from All Property Lines | Maximum Lot Coverage | |
Ground-mounted solar energy system, except solar carport or canopy | 12 ft | 50% of developable land | |
Solar carport or canopy | As per accessory building height in § 603 | 50% of developable land | |
Residential Districts: ground-mounted solar energy system, except solar carport or canopy | 12 ft | 25% of developable land | |
Residential Districts: solar carport or canopy as an accessory use only | 10% of developable land |
(2) Height is measured from pre-development lot grade at the location of the panel.
(a) Lot coverage area shall include land located within the fenced area of the installation as well as land used for access roads and utilities exclusively serving the installation.
(b) Solar carport/canopy area calculation shall be based on total roof area of the carports/canopies.
(c) Any subsequent subdivision of the subject parcel shall ensure continued compliance with lot coverage requirements.
(C) Standards. A ground-mounted solar energy system in any zoning district shall comply with the following:
(1) In Residential Districts.
(a) Solar carports and canopies are allowed in residential zones only as an accessory use, which is clearly incidental and secondary to the principal permitted use of the premises or structure.
(b) Except for carport and canopy installations, no ground-mounted solar energy system shall be installed in the front yard (area between the principal structure and the street), in any residential district.
(2) Development plan review.
(a) A large solar energy system shall be subject to development plan review as described in § 305.
(b) In addition to the submission requirements for development plan review § 305, large solar energy systems must submit documentation from the appropriate public utility indicating the completion of a feasibility study, or in the case that an impact study is required by the public utility, a completed impact study must be submitted.
(3) Landscaping and vegetation.
(a) The site design shall incorporate landscaping and design elements to visually screen the installation from view from public roads and adjoining properties to the greatest practical extent.
(b) The installation shall be surrounded by visual screening, consisting of fencing, dense vegetation, or a combination of both, that is a minimum of six feet in height at the time of installation.
(c) The required vegetated buffer/screening shall be maintained for the life of the solar energy system. The property owner and/or facility owner shall be required to replant any section of the buffer/screening found not to meet the requirements of this section as determined by the Zoning Official or Tree Warden in consultation with the Town Planner.
(d) Vegetation planted under solar panels must include native wildflower or grass seed mix.
(4) Site design.
(a) Electrical lines and connections shall be installed underground.
(b) A ground-mounted solar energy system shall be designed to prevent unauthorized access to panels and equipment, such as by use of protective fencing, locked equipment shelters, and other means as appropriate.
(c) Where the proposed development parcel includes or is directly adjacent to wetlands, any fencing must provide a minimum of six inches of ground clearance to allow for the appropriate movement of wildlife.
(d) Adequate emergency vehicle access to and throughout the installation shall be provided, subject to approval of the Middletown Fire Department.
(e) Any outdoor lighting on site must be in compliance with Article 27B.
(5) Soil preservation.
(a) Except for carport or canopy installations, no removal of topsoil or unnecessary disturbance of the ground or grading is permitted as part of the installation or maintenance. Any topsoil that must be moved shall be stored and stabilized onsite for future use.
(b) Except for carport or canopy installations, siting of the facility and individual panels shall maintain the existing contours of the land, and only pile driven or ballast block footing are to be used, so as to minimize the disturbance of soils during installation.
(D) Decommissioning and removal. All ground-mounted solar energy systems shall be decommissioned and removed after they cease to generate electricity, as follows:
(1) As part of the application package for a special use permit, a decommissioning plan that contains the following shall be submitted:
(a) The name, address, telephone number, and e-mail address of the person(s) or entity(ies) responsible for implementing the decommissioning plan;
(b) A statement of conditions that require the decommissioning plan to be implemented;
(c) As part of decommissioning, a removal plan that identifies all structures, components, and non-utility owned equipment that shall be removed;
(d) As part of decommissioning, a plan for recycling or otherwise reusing all materials to the extent reasonably practicable;
(e) As part of decommissioning, a restoration plan to return the property to its condition prior to the installation of the system or to some other condition reasonably appropriate for the designated land use after the system is removed; and
(f) A timeline to complete decommissioning.
(2) Decommissioning shall begin no later than six months after a ground-mounted solar energy system has ceased to generate electricity or thermal energy.
(3) Within six months of the beginning of decommissioning, the ground-mounted solar energy system and all structures associated with it shall be removed, and the property shall be returned to its condition prior to the installation of the ground-mounted solar energy system or to some other condition reasonably appropriate for the designated land use.
(4) If the property owner fails to remove the installation in accordance with the requirements of this section, the town shall have the authority to enter the property and physically remove the installation and restore the property. In that case, the owner of the property shall be responsible for all costs incurred by the town, and the obligation shall be recorded in the land evidence records as a lien against the property.
(Ord. 2012-4, passed 5-21-12; Am. Ord. 2012-16, passed 9-17-12; Am. Ord. 2021-15, passed 10-18-21)