An energy facility or an area of land principally used to convert solar energy to electricity, which includes but is not limited to, the use of one or more solar energy systems are a commercial solar energy system. These facilities primarily sell electricity to be used off site. They shall be permitted as a Special Use within C1, C2, and AG zoning districts, subject to the following regulations:
(A) A Commercial SES is limited to sites of a minimum of 20 acres of land.
(B) A Commercial SES must comply with the requirements of this chapter and other applicable chapters or sections of the township zoning ordinance.
(C) A Commercial SES shall be considered a special use and must adhere to the following procedures:
(1) The Planning Commission will hold a public hearing after reviewing the application for the Special Use Permit. A decision on the Special Use Permit application by the Planning Commission is inclusive of all proposed solar energy facilities, underground electrical lines, sub stations, junction boxes, laydown yard(s), and any operations/maintenance building(s).
(2) Applicant must provide the name and address in full, a statement that the applicant is the owner involved or is acting on the owner's behalf, the address of the property involved in the application or parcel identification number(s), and any additional contact information. Each application for a Commercial SES shall also be dated to indicate the date the application is submitted to Spaulding Township.
(3) A general description of the proposed project including a legal description of the property or properties on which the project would be located and an anticipated construction schedule must be included.
(4) A description and drawing of the proposed technology to include type of solar panel and system, fixed mounted versus solar tracking, number of panels, and angles of orientation must be included.
(5) Application must include site plan requirements, including:
(a) The project area boundaries.
(b) The location, height, and dimensions of all existing and proposed structures and fencing.
(c) The location, grades, and dimensions of all temporary and permanent on-site and access roads from the nearest road.
(d) Existing topography.
(e) Water bodies, waterways, wetlands, drainage channels and drain easements.
(f) A site grading, erosion control and storm water drainage plan. The plans will be reviewed by the township or certified professional designated by the township at the applicant's cost.
(g) All comments from the Saginaw County Public Works Commissioner's office pertaining to the proposed solar energy facility shall be submitted to the Planning Commission.
(h) All new infrastructure, both above and below ground, related to the project. This includes inverters and batteries and all ancillary solar equipment.
(i) Identification of a construction/set-up/laydown area.
(6) The SES operator shall maintain a current insurance policy which will cover installation and operation of the SES. The minimum amount of the policy shall be an amount to be set by the Township Board by Resolution, which may be adjusted by the Township Board from time to time.
(7) Application must include certifications that the applicant has complied or will comply with all the applicable county, state, and federal laws, regulations, and ordinances, including compliance with the Farmland Preservation Act (PA 116).
(8) Application must include a Manufacturers' Data Sheet(s). Documentation shall include the type and quantity of all materials used in the operation of all equipment.
(9) Application must include visual simulations. Photo exhibits visualizing the proposed solar energy system, with emphasis on visualizing the location of any fences, landscaping, access roads, and setbacks from adjacent non-participating property.
(10) Applicant shall submit a maintenance plan that: demonstrates that the SES will be designed, constructed, and operated to minimize dust generation, including during construction; states the manner how unpaved access roads will be treated and maintained for dust control; and provisions that will be employed to maintain and promote native vegetation while minimizing the proliferation of weeds during and following construction.
(11) The large scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local fire chief. The owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.
(12) A decommissioning plan as described in the township zoning ordinance is required.
(D) Commercial SES shall be fenced completely pursuant to the township zoning ordinance. The perimeter fence shall be designed to restrict unauthorized access and additional security measures are encouraged.
(E) All improved areas, including disposal areas, shall be at least 50 feet from the public right- of-way and 50 feet from a fence line.
(F) The applicant must obtain a driveway permit from the Saginaw County Road Commission or MDOT, as applicable.
(G) The applicant must obtain any drain permits from the Saginaw County Public Works Commissioner or MDEQ, as applicable.
(H) No portion of the Commercial SES shall contain or be used to display advertising.
(I) The manufacturer’s or installer's identification and appropriate warning sign shall be posted on or near the panels in a clearly visible manner; furthermore, an information sign shall be posted and maintained at the entrance(s), which shall list the name and phone number of the operator.
(J) A copy of the application to the utility company that will be purchasing electricity from the proposed site shall be provided to the Township Planning Commission.
(K) Improved areas shall be at least 50 feet from any residential use, or church, measured from the lot line.
(L) All access roads and storage areas shall be established on a 30-foot minimum easement to a public right-of-way.
(M) The site of a Commercial SES shall be improved and maintained with a drought tolerant, perennial vegetative ground cover over the entire property including under and around solar arrays. The purpose of this ground cover shall be the prevention of soil erosion and the management of storm water runoff.
(N) Top soil shall not be removed from the property during construction nor during operation of the facility.
(O) All solar energy facilities shall have a minimum landscape buffer of 25 feet along any road or adjacent to a residential use. The buffer shall contain evergreen trees or bushes planted no more than eight feet apart and at least four-foot-tall at time of planting and in such a manner as to provide maximum effect of the buffer, such as staggering or double rows. The buffer shall obtain a height of ten feet within three growing seasons. The trees or bushes may be trimmed but no lower than a height of ten feet. Each owner or operator of a SES shall maintain the landscape buffer so that the vegetation will reach maturity as soon as practical and will have maximum density in foliage. Dead or diseased vegetation shall be removed and must be replanted. Grass around the SES shall not exceed ten inches in height and shall be maintained by the facility operator.
(P) If a Commercial SES ownership changes, the new owner/operator must meet with the Spaulding Township Planning Commission to review the conditions of the use permit within 60 days of the change in ownership.
(Q) No additional noise over the existing ambient level shall be heard at the property lines of the project. If noise complaints occur, the owner/operator may be required to complete a noise study and mitigate any additional noise that is found.
(R) Light and glare.
(1) All SES shall be placed such that solar glare does not project onto nearby inhabited structures, non-participating parcel or roadways, and be considered a nuisance.
(2) The applicant has the burden of proof that any glare produced does not have an adverse effect on neighboring or adjacent uses through siting and mitigation. If the solar panel systems do produce a glare, the applicant shall be responsible for mitigation, and will provide a mitigation plan.
(3) The design and construction of the SES shall not produce light emissions, either direct or indirect (reflective), that would interfere with pilot vision and /or traffic control operations.
(Ord. 06-21-22, passed 6-21-2022)