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SOLAR ENERGY SYSTEMS
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SOLAR ENERGY SYSTEM (SES). A system consisting of a device or combination of devices, structures or parts thereof, that collect, transfer or transform solar radiant energy into thermal, chemical or electrical energy, excluding systems that substantially rely on mirrors or similar technologies to focus solar radiant energy onto a considerably smaller area, and sometimes referred to as “concentrated solar power” systems or “CSP” systems.
(1) SMALL SOLAR ENERGY SYSTEM (SMALL SES). A solar energy system that relies on roof mounted and/or ground mounted collection systems that have a total cumulative surface area of no more than 2,000 sq. ft. A SMALL SES typically serves a single residence unit, agricultural operation, business or other singular facility, located on the same lot as the SMALL SES.
(2) MEDIUM SOLAR ENERGY SYSTEM (MEDIUM SES). A solar energy system that relies on roof mounted and/or ground mounted collection systems that have a total cumulative surface area of more than 2,000 sq. ft. but not more than 10,000 sq. ft. A MEDIUM SES commonly serves multiple dwellings, businesses and/or other facilities, all on a single lot on which the system is located and may serve users on other lots.
(3) LARGE SOLAR ENERGY SYSTEM (LARGE SES). A solar energy system that relies on roof mounted and/or ground mounted collection systems that have a total cumulative surface area of more than 10,000 sq. ft. and/or is used principally to provide service to customers not located on the same lot as the LARGE SES, irrespective of the cumulative area of the panels. A LARGE SES commonly serves multiple dwellings, businesses and/or other facilities, all on a single lot on which the system is located and may serve users on other lots including in association with energy utility providers.
(4) SELF-CONTAINED ENERGY SYSTEMS. Solar energy systems that do not exceed four square feet in total solar collector panel area and intended to provide energy to operate a device to which such panel is attached such as in the case of a panel powering an exterior light or an attic fan.
(5) SOLAR COLLECTION PANELS. Panels and/or tiles comprised of semiconductor devices and typically referred to as photovoltaic cells, which collect and convert solar energy directly into electricity. Ground mounted solar collection panels are panels attached to the ground by a pole, metal frame or other similar support structure.
(Ord. 19-01, passed 9-11-2019)
(A) Compliance with district regulations. A solar energy system (SES) shall comply with the regulations of the district in which it is located as provided otherwise by this section.
(B) Small solar energy systems (small SES).
(1) Small SES authorization, review and approval procedures. A small SES is a permitted accessory use/structure in all districts. Small SES shall be subject to Zoning Administrator approval. An application for a small SES shall include all information required by this chapter, including the delineation of all SES structures and facilities, and all structures on adjacent properties within 50 feet of a shared lot line.
(2) Small SES general provisions. Small SES collection panels shall be placed such that concentrated solar radiation or solar glare shall not be directed onto nearby properties and public roads. The applicant shall submit documentation to verify compliance with this requirement. When deemed necessary, the Zoning Administrator may require a report from a qualified person with documented training, certification and/or licensing in the generation of glare associated with SES, including training in the use of computer software designed to assess glare potential, attesting to the glare impact on nearby properties and public roads.
(3) Small SES roof-mounted systems. No system part of a small SES roof-mounted system shall exceed the height restriction in the defined zoning district. In addition, the SES measured to the ground below shall not exceed the building height restriction of the district in which it is located.
(4) Small SES ground-mounted systems.
(a) Small SES ground-mounted collection panel systems and associated equipment are prohibited in a front yard and shall be set back a minimum of 15 feet from all side and rear lot lines.
(b) Small SES ground-mounted collection panel systems and associated equipment shall not exceed 15 feet in height as measured from the ground below.
(c) If a ground mounted small SES ceases to operate or is abandoned for six months, or is deemed by the Building Inspector to be unsafe or not consistent with the building code, the applicant shall repair and restore the system to good working order within 30 days of notification by the Zoning Administrator, or otherwise remove the system in its entirety including posts, equipment, panels, foundations and other features and restore the ground to its preconstruction state. The Zoning Administrator may permit a repair period greater than 30 days if the Zoning Administrator determines a longer period is necessary due to conditions not within the control of the applicant.
(C) Medium solar energy systems (medium SES).
(1) Medium SES authorization, review and approval procedures. A medium SES is permitted as an accessory use only, and only in the C-Commercial, IND-Industrial and AR-Agricultural Districts. A medium SES shall be subject to the site plan approval according to §§ 155.095 through 155.101 of the Zoning Ordinance.
(2) Medium SES general provisions.
(a) Medium SES collection panels shall be placed such that concentrated solar radiation or solar glare shall not be directed onto nearby properties and public roads. The applicant shall submit a report to the Planning Commission, prepared by a qualified person with documented training, certification and/or licensing in glare associated with SES including training in the use of computer software designed to assess glare potential, attesting to the glare and radiation impact on nearby properties and public roads and verifying compliance with this section.
(3) Medium SES roof-mounted systems. No part of a medium SES roof-mounted system shall extend more than six feet above the roof surface directly below such system part but in no case shall the total height of the SES, measured to the ground below, exceed the building height restriction of the district in which it is located.
(4) Medium SES ground-mounted systems.
(a) Yard and setback restrictions.
1. Within the C-Commercial and IND-Industrial Districts, ground-mounted collection systems and associated equipment are prohibited in a front yard and shall be set back a minimum of 15 feet from all side and rear lot lines. The setback shall be increased to 40 feet along those segments of a shared lot line where the adjacent lot is in an Agricultural or Residential District.
2. Within the AR-Agricultural and IND-Industrial Districts, ground mounted collection panels and associated equipment are permitted in front, side and/or rear yards provided such systems and equipment shall be back a minimum of 15 feet from side and rear lot lines and 100 feet from a front lot line. The side and rear yard setback shall be increased to 40 feet along those segments of a shared lot line where the adjacent lot is in an Agricultural or Residential District.
(b) Ground-mounted solar collection panels shall not exceed 18 feet in height.
(c) In the case of ground mounted solar panels located on a lot that is adjacent to a lot in an Agricultural or Residential District, including on the opposite side of a public road, screening shall be provided along such shared lot lines. The screening shall consist of evergreen trees of a minimum of six feet in height at the time of planting and with a projected growth rate of a minimum of six inches per year and to a minimum projected height of 20 feet and spaced no greater that 12 feet apart measured on-center. The site plan shall specify the proposed plant material according to common name, botanical name, and minimum plant size. All plant material shall be maintained in a healthy condition to provide the intended screening, shall be permitted to grow according to its natural habit, and shall be replaced upon death or disease.
1. In the case where a dwelling is present within 75 feet of a shared lot line, a second row of tree plantings shall be provided and placed no greater than 12 feet from the first row as measured on-center, with the second row of trees positioned in a staggered formation to the first row to have trees spaced at no greater than six feet on-center as viewed from the shared lot lines.
2. Required screening need not be in the immediate area of the panels that the plantings are intended to screen if the planting locations provided for the intended screening effect. No tree shall be located within five feet of the lot line.
3. The Planning Commission may decrease the number of required plantings, required plant spacing and/or planting height requirements by a maximum 50% where specific conditions warrant such modifications, such as, by example, the adjacent property is vacant and not likely to be developed within the next three years based on nearby development trends during the preceding three years, where natural features are present that serve to assist in the screening of the panels such as topographic or vegetative conditions, or where existing structures will assist in the screening of the panels. In no case shall required screening along a public road right-of-way be reduced.
(d) Ground-mounted medium SES shall comply with the small SES requirements regarding cessation of operations, abandonment and/or disrepair.
(e) Fencing that may be installed as part of a ground-mounted medium SES shall be exempt from the fence height restrictions of this subchapter, including § 4.10, subject to site plan review, but in no case shall such fencing exceed seven feet in height. Where fencing is to be erected in excess of five feet in height, a minimum of 50% of the required tree plantings shall be on the exterior side of the fencing. Where fencing is to restrict the free flow of air by more than 10% opacity of the fence, the Planning Commission may require additional vegetative screening measures to minimize the visual impact of such fencing. If fencing is proposed, fencing details shall be submitted as part of the required site plan.
(f) Decommissioning of a system after useful life.
1. Plans for medium SES shall include a decommissioning and final land reclamation plan after anticipated useful life or abandonment or termination of the project, including evidence of an agreement with the property owner that ensures proper final removal of power equipment within six to 12 months of decommissioning.
2. A performance bond in an amount sufficient to cover the cost of decommissioning of the system and restoration of the construction site shall be posted by the applicant prior to commencement of any construction activity.
(D) Large solar energy systems (large SES).
(1) Large SES authorization, review and approval procedures. Large SES are permitted as a special land use only, and only in Agricultural Residential Districts, Commercial Districts, and Industrial Districts by special land use permit. Large SES shall comply with special land use application, review and approval provisions of §§ 155.130 through 155.136 of the Code of Ordinances, including site plan review.
(2) Large SES general provisions. Large SES shall comply with site development standards of subsection (C) for medium SES.
(3) The applicant shall provide a performance guarantee subject to review and approval of the Township Attorney. The performance guarantee shall be posted prior to the building permit being issued.
(E) Self-contained SES. Self-contained SES are permitted in all districts and may be erected without the issuance of a zoning permit, subject to the restriction of this section.
(1) Heights. Self-contained solar energy systems shall not exceed the height restriction in the defined zoning district, in addition the SES measured to the ground below, shall not exceed the building height restriction of the district in which it is located. In the case of roof-mounted self-contained SES, no system part of the SES shall extend more than four feet above the roof surface directly below such system part, but in no case shall the total height of the SES measured to the ground below exceed the building height restriction of the district in which it is located.
(F) Exempt SES. The following is exempt from the regulations of this section: roof-mounted SES that function as shingles or otherwise shingle-like in general character.
(G) Decommissioning of a system after useful life.
(1) Plans for large SES shall include a decommissioning and final land reclamation plan after anticipated useful life or abandonment or termination of the project, including evidence of an agreement with the property owner that ensures proper final removal of power equipment within six to 12 months of decommissioning.
(2) A performance bond, irrevocable letter of credit, cash, etc. in an amount sufficient to cover the cost of decommissioning of the system and restoration of the construction site shall be posted by the applicant prior to commencement of any construction activity.
(Ord. 19-01, passed 9-11-2019)
ZONING BOARD OF APPEALS
(A) Established. There is hereby created a Zoning Board of Appeals, which shall perform its duties and exercise its powers and jurisdiction, as provided in the Zoning Act, being M.C.L.A. §§ 125.3101 et seq., and by certain provisions of this subchapter; to the end that the objectives of this subchapter are observed, public safety, morals, and general welfare secured, and substantial justice done.
(B) Membership.
(1) The Zoning Board of Appeals shall consist of five members appointed in accordance with the requirements of the Zoning Act, being M.C.L.A. §§ 125.3101 et seq. The term of each member shall be three years and until a successor has been appointed and qualified, which successor must be appointed not more than one month after the expiration of the preceding term.
(2) One member of the Board shall be a member of the Planning Commission. One member of the Township Board may also be a member of the Board. Members from the Township Board and from the Planning Commission shall have terms limited to their respective other official terms or to such lesser period determined by resolution of the Township Board at the time of appointment.
(3) No employee of the township shall be a member of the Zoning Board of Appeals.
(4) Vacancies of the Board for unexpired terms shall be filled for the remainder of the term.
(5) Members of the Board may be removed by the Township Board for misconduct in office upon written charges and after public hearing.
(C) Alternate members.
(1) The Township Board may appoint not more than two alternate members to the Zoning Board of Appeals for the same term as regular members. If two alternate members have been appointed, they may be called on a rotating basis, as they are available to sit as regular members of the Zoning Board of Appeals in the absence of a regular member.
(2) An alternate member may also be called to serve in the place of a regular member when such member has abstained for reasons of conflict of interest or in the case of an absence of 30 days or more, or absence from two or more consecutive meetings. The alternate member having been appointed shall serve in the case until a final decision has been made.
(3) The alternate member shall have the same voting rights as a regular member of the Zoning Board of Appeals. An alternate member shall only serve to discuss or vote upon a case in the absence of or upon the declaration of a conflict of interest of a regular member.
(D) Procedures. The Zoning Board of Appeals shall fix rules and regulations to govern its procedures.
(E) Quorum. The Zoning Board of Appeals shall not conduct business unless a majority of the membership of the Zoning Board of Appeals is present, including alternates when sitting as a regular member.
(Ord. passed 7-30-2015)
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