(A) Principal-use solar power systems are permitted in the following zoning districts:
(1) Small scale principal-use SES is a permitted use by special use in R1-A, B-1, B1-A, B-2, M-1, M-2, and M-3 zoning districts.
(2) Large scale principal-use SES is a permitted use by special use in M-1, M-2, and M-3, zoning districts.
(B) Principal-use solar power systems are subject to site plan review and special use permit application. Site plans and supporting application materials for a principal-use SES shall include a detailed site plan including all applicable requirements found in §§ 153.083, 153.562, plus the following site plan requirements:
(1) Height. Total height shall not exceed 20 feet measured from the ground to the top of the system when oriented at maximum lilt.
(2) Setbacks. Setback distance shall be measured from the property line to the closest point of the solar array at minimum tilt or any SES components and as follows:
(a) Small scale ground-mounted SES shall follow the setback distance for primary buildings or structures for the district in which it is sited.
(b) Large scale ground-mounted SES setback distance are as follows:
1. Fifty feet from the property line of a non-participating lot.
2. One hundred feet from any existing dwelling unit on a non-participating lot.
(3) A ground-mounted SES is not subject to property line setbacks for common property lines of two or more participating lots, except road right-of-way setbacks shall apply.
(4) Fencing. Principal-use SES shall be secured with perimeter fencing to restrict unauthorized access. Fencing shall be subject to height, setbacks, and other applicable regulations contained in § 153.086 for the zone it is located in.
(5) Screening/landscaping. Principal-use SES shall be designed to follow the screening and/or landscaping standards for the zoning district of the project site.
(a) Any required screening and landscaping shall be placed outside the perimeter fencing. In districts that call for screening or landscaping along rear or side property lines, these shall only be required where an adjoining non-participating lot has an existing residential or public use.
(b) When current zoning district screening and landscaping standards are determined to be inadequate based on a legitimate community purpose consistent with local government planning documents, the Chief Inspector [or Planning Commission where otherwise required by this Code] may require substitute screening consisting of native deciduous trees planted 30 feet on center, and native evergreen trees planted 15 feet on center along existing nonparticipating residential uses.
(c) The Planning Commission may reduce or waive screening requirements provided that any such adjustment is in keeping with the intent of the ordinance and is appropriately documented (e.g. abutting participating lots; existing vegetation).
(d) Screening/landscaping detail shall be submitted as part of the site plan that identifies the type and extent of screening for a small principal-use SES, which may include plantings, strategic use of berms, and/or fencing.
(6) Ground cover. Principal-use SES shall include the installation of perennial ground cover vegetation, i.e. Pennsylvania Sedge, Bearberry, Canada Anemone, etc., maintained for the duration of operation until the site is decommissioned. The applicant shall include a ground cover vegetation establishment and management plan as part of the site plan. Project sites with majority of existing impervious surface or those that are included in a brownfield plan adopted under the Brownfield Redevelopment Financing Act, PA 381 of 1996, as amended, are exempt from installing ground cover. These sites must however comply with the on-site storm water requirements of the ordinance and include a land management plan.
(7) Lot coverage. Principal-use SES shall not count towards the maximum lot coverage or impervious surface standards for the district.
(8) Land clearing. Land disturbance or clearing shall be limited to what is minimally necessary for the installation and operation of the system and to ensure sufficient allseason access to the solar resource given the topography of the land. Topsoil distributed during site preparation (grading) on the property shall be retained on site.
(9) Access drives. New access drives within the SES shall be designed to minimize the extent of soil disturbance, water runoff, and soil compaction on the premises. Access drives should consist of six inches of stone mix or gravel. The use of geotextile fabrics and gravel placed on the surface of the existing soil for temporary roadways during the construction of the SES is permitted, provided that the geotextile fabrics and gravel are removed once the SES is in operation.
(10) Wiring. SES wiring (including communication lines) may be buried underground. Any above-ground wiring within the footprint of the SES shall not exceed the height of the solar array at maximum tilt.
(11) Lighting. Lighting shall be limited to inverter and/or substation locations only. Light fixtures shall have down lit shielding and be placed to keep light on-site and glare away from adjacent properties, bodies of water, and adjacent roadways. Flashing or intermittent lights are prohibited.
(12) Decommissioning. A decommissioning plan is required at the time of application that is in recordable form to be recorded with the county register of deeds. The plan must include the following:
(a) A description of which above-grade and below-grade improvements will be removed, retained, e.g. access drive, fencing, or restored for viable reuse of the property consistent with the zoning district.
(b) The anticipated life of the project, the estimated decommissioning costs net of salvage value in current dollars, the method of ensuring that funds shall be available for decommissioning and restoration and the anticipated manner in which the project shall be decommissioned and the site restored.
(c) The city may require that applicants provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the city must remove the solar system, of an amount and form determined to be reasonable by the city, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein.
(d) Such surety shall not be required for municipally or state-owned solar systems. If required, the applicant shall submit a fully inclusive estimate of the costs associated with removal prepared by a qualified engineer. The amount shall include a mechanism for cost of living adjustment.
(e) A review of the amount of the performance guarantee based on inflation, salvage value, and current removal costs shall be completed every five years, for the life of the project, and approved by the city. An SES owner may at any time:
1. Proceed with the decommissioning plan approved by the Chief Inspector or Planning Commission and remove the system as indicated in the most recent approved plan; or
2. Amend the decommissioning plan with Chief Inspector or Planning Commission approval and proceed according to the revised plan.
(f) Decommissioning an SES must commence when the soil is dry to prevent soil compaction and must be complete within 18 months after abandonment. An SES that has not produced electrical energy for 12 consecutive months shall prompt an abandonment hearing.
(13) Repowering. In addition to repairing or replacing SES components to maintain the system, a principal-use SES may at any time be repowered, without the need to apply for a new site plan, by reconfiguring, renovating, or replacing the SES to increase the power rating within the existing project footprint. Repowering may require an application for an electrical permit as determined by the Electrical Inspector or this Code.
(14) A proposal to change the project footprint of an existing SES shall be considered a new application, subject to the ordinance standards at the time of the request. Expenses for legal services and other studies resulting from an application to modify an SES will be reimbursed to the City of Saginaw by the SES owner in compliance with established escrow policy.
(Ord. O-253, passed 5-8-2023, effective 5-18-2023)