A Level 2 Onsite Ground Mounted Solar Energy System (SES) occupies an area greater than a Level 1 Onsite Solar Energy System and is allowed in all zoning districts as an accessory use subject to review and approval of a Special Use Permit by the Planning Commission in accordance with the requirements and procedures of §§ 154.185 through 154.194 of this chapter and also the following requirements.
(A) Occupancy. A Level 2 Ground Mounted SES shall not occupy an area greater than five acres in size.
(B) Setbacks. A ground mounted solar energy system shall only be located in the side and rear yards and shall comply with the setback requirements for principal buildings for the zoning district in which the SES is located and shall be five feet from any structure. On a corner lot, the SES shall comply with the setback requirements for accessory buildings and shall be five feet from any structure.
(C) Height. A ground mounted SES shall not exceed a height of 14 feet above natural grade at the time of project approval, as depicted on the site plan. The height shall be measured from the highest point of the panel when oriented at its maximum tilt to the ground immediately below the panel.
(D) Visual impact. Information on the visual impact of the proposed solar farm using photos or computer-generated images of the project on the site to demonstrate the appearance of the project from off site.
(E) Electrical interconnections. All electrical interconnection or distribution lines shall comply with all applicable codes. The applicant shall provide evidence to the township of approval from the applicable utility company.
(F) Pavement. The portion of the premises on which the array of collector panel structures is located shall not be paved with asphalt or any other surface material that is impervious to rainwater.
(G) Plantings. Plantings shall be installed around the perimeter of the parcel or parcels containing the SES. One deciduous or conifer tree for every 25 feet of property line length is required. The Planning Commission may modify the landscaping requirement depending upon the location of existing plant material on the site or if additional plantings are needed to buffer existing land uses. Trees shall be a minimum of four feet tall when planted and remain in good condition for the life of the project.
(H) Above ground transmission lines. Use of above ground transmission lines for the SES shall be prohibited within the site.
(I) Type of panel. The applicant shall provide information on the type of solar panel to be used and any hazardous chemicals contained in the solar panels and measures to prevent leakage.
(J) Decommissioning plan. A decommissioning plan shall be provided as required by subsection.
(K) Kept and maintained in good repair and condition. Every SES must be kept and maintained in good repair and condition at all times and shall not pose a potential safety hazard. The applicant shall provide a written description of the maintenance program to be used to maintain the SES. For Level 2 SES, the applicant shall keep a record of all maintenance performed and repairs made to and replacement of equipment and parts. On or about the anniversary date of the approval by the Planning Commission of the Special Land Use permit, the applicant shall provide a summary of this maintenance record to the township’s Zoning Administrator.
(L) Removal cost guarantee. The cost of removal and site restoration is the full responsibility of the landowner and the applicant and/or owner/operator. In order to provide the greatest possible financial assurance that there will be sufficient funds to remove the solar energy system and to restore the site, the following steps shall be followed for Level 2 SES:
(1) For each solar energy system, the applicant/owner/operator shall determine an amount of money equal to the estimated removal and restoration cost. The Planning Commission may require independent verification of the adequacy of this amount;
(2) Such removal and site restoration obligation shall be secured by the land owner and/or the applicant filing with the township a surety bond, letter of credit, or cash deposit with language and terms acceptable to the township; and
(3) The removal cost guarantee amount shall be valid throughout the lifetime of the system, and it shall be adjusted by the applicant/land owner every five years. The Planning Commission may require independent verification of the adequacy of this amount. Bonds and letters of credit shall be extended on a regular basis with expiration dates never less than two years from the annual anniversary of special use approval.
(M) Transfer of ownership. Prior to a change in the ownership or operation of a solar energy system, including but not limited to the sale or lease of that system or the underlying property, the current land owner or operator shall provide written notice to the township at least sixty days prior to that change becoming effective. This notice shall inform the township of the intended transfer of control of the solar energy system or the underlying property, and shall include a copy of the instrument or agreement effectuating that transfer. Such an instrument or agreement shall include an express statement that the new owner or operator of the solar energy collector system or the underlying property shall not be permitted to operate that system until compliance with the terms of this chapter, including requirements for continuing security and escrow funds, has been established.
(Ord. 2020-01 passed - -2020)