(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)