(A) As used in this subchapter:
ABANDONMENT. To give up, discontinue, withdraw from. Any solar energy facility that ceases to produce energy on a continuous basis for 12 months will be considered abandoned.
ANCILLARY SOLAR EQUIPMENT. Any accessory part or device of the SES that does not require direct access to sunlight, such as batteries, electric meters, converters, racking/supports, plumbing, or water heater tanks.
APPLICANT. The person, firm, corporation, company, limited liability corporation, or other entity which applies for township approval under this section, as well as the applicant's successor(s), assign(s), and/or transferee(s) to any approved SES. An applicant must have the legal authority to represent and bind the landowner and lessee. The obligations regarding a zoning approval for any approved SES shall be with the owner of the SES and jointly and severally with the owner and operator or lessee of the SES if different than the owner.
APPLICATION. A form to be developed from time to time by the Zoning Administrator or per appointee of the Spaulding Township Supervisor. An application for a SES shall be filed with the Spaulding Township Zoning Administrator and subject to approval by the Spaulding Township Planning Commission.
FENCE. A continuous barrier extending from the surface of the ground to a uniform height of not less than six feet from the ground at any given point, constructed of steel, or other material of similar nature and strength. The barrier may be solid or have openings, as long as the openings in the bander shall not allow passage of a four inch diameter (102 mm) sphere. Where the bander is composed of horizontal and vertical members, the spacing shall not exceed 1.75 inches (44 mm) in width.
GROUND MOUNT SYSTEM. A freestanding solar energy system that is not attached to and is separate from any building on the same parcel on which the solar energy system is located.
LAYDOWN YARD. An area outside a work or construction site where tools, materials, equipment, vehicles, etc. are stored until they need to be used.
PARCEL. A parcel is determined by the legal description of land identified by the tax identification number existing at the effective date of this subchapter or if such number does not then exist, such time as is appropriate for the fulfillment of the intent of this subchapter.
RESIDENTIAL SES. A ground mounted or roof mounted SES that is accessory to the principle residential use on the parcel.
ROOF MOUNT SYSTEM. An SES which is installed directly on the roof of a residence.
SITE. That part of the parcel on which a SES is to be located.
SOLAR ENERGY. Radiant energy received from the sun that can be collected in the form of heat or light by a solar energy system.
SOLAR ENERGY SYSTEM. An energy facility that includes an area of land principally used to convert solar energy to electricity, which includes, but is not limited to, all the components and subsystems required to convert solar energy into electric or thermal energy suitable for use. The area of the system includes all the land inside the perimeter of the system, which extends to any fencing. This term applies to solar photovoltaic (PV) systems used for the purpose of generating and selling energy to a public utility off site and does not apply to private commercial or residential uses where energy is used for supplying supplemental electricity for on-site uses.
SOLAR GLARE. The effect produced by light reflecting from a solar panel with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
(B) The term LANDOWNER or OWNER, as applied to property, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of such property. With respect to special assessments, however, the owner shall be considered to be the person who appears on the assessment roll for the purpose of giving notice and billing.
(Ord. 21-08-17, passed 8-17-2021; Ord. 06-21-22, passed 6-21-2022)