Buchanan Town City Zoning Code
ARTICLE VII
Performance Standards
§ 525-42 General application.
The regulations set forth herein shall supplement or modify the regulations set forth in Article V, Schedule of District Regulations and Article VI, Schedule of Special and Overlay District Regulations. Requirements for uses and structures specified in this article shall apply to such uses and structures whether permitted by right or by special exception.
§ 525-43 Lots, yards and access.
A.
Development in mapped streets. Where an official line has been established for the future widening or opening of a street, per the Town of Buchanan Official Map, the depth of a front yard or the width of a side yard shall be measured from such official line to the nearest line of the building.
B.
Access. Every building housing a principal use hereafter erected or moved shall be on a lot with access to a public street and all such buildings shall be so located as to provide safe and convenient access for servicing and off-street parking, unless otherwise specified in Article V and Article VI.
C.
Building groups. In any nonresidential district, a group of buildings separated only by common or party walls shall be considered as one building.
D.
Yard encroachments. Every part of every required front and side yard shall be open and unobstructed by structures from 30 inches above the general ground level of the graded lot upward to the sky, except as hereinafter provided or as otherwise permitted in this chapter.
(1)
Roof eaves may project into a required side yard not more than three feet where the required side yard is eight feet or more in width. Roof eaves may project into a required side yard not more than two feet where the required side yard is less than eight feet.
(2)
Sills, belt courses, cornices, vertical solar blocking/filtering screens and other ornamental features may project not over one foot into a required yard.
(3)
Fire escapes, stairways and balconies, whether unroofed, open and unenclosed or enclosed, shall not intrude into required yards.
§ 525-44 Building and construction design standards and requirements.
Applicability. This following sections shall be applicable to any new commercial and industrial buildings in the CL, CR, CP, and IND Districts; multifamily buildings in the MF and MDR Districts; and public/institutional buildings in the PI District, as well as additions to commercial and industrial buildings and multifamily buildings in which a site plan review is required in accordance with § 525-11.
§ 525-45 Dumpsters and dumpster enclosures.
A.
Intent. The intent of this section is to establish rules for enclosed dumpster areas in order to:
(1)
Prevent accumulations of garbage and rubbish from spreading throughout the Town and endangering health of citizens.
(2)
Enhance the aesthetic appearance of the community.
B.
Screening requirements for existing dumpsters. This section is intended to regulate existing dumpsters located on the property.
(1)
Existing dumpsters which, in the judgment of the Administrator, meet the intent of this section shall be exempt from the specific requirements herein. Existing dumpsters located within the Industrial District shall be exempt from requirements unless the dumpster is located within 100 feet of an existing residential land use.
(2)
Existing dumpsters which, in the judgment of the Administrator, do not meet the intent of this section shall either be removed or the owner shall cause the following improvements to be made:
(a)
Installation of any screening needed to prevent the dumpster from being seen from:
[1]
Right-of-way of any public or private street; or
[2]
Any residential structure (regardless of zoning).
(b)
Screening may be accomplished by:
[1]
Full dumpster enclosure;
[2]
Partial dumpster enclosure (one, two or three sides);
[3]
Six-foot opaque fencing located between dumpster and the viewer's location;
[4]
Year-round landscaping (coniferous/evergreen) or berming;
[5]
Any combination of the above.
(3)
Any person aggrieved by a decision of the Administrator under this section may appeal the same to the Board of Appeals in accordance with § 525-9.
C.
Screening requirements for new dumpsters. All new dumpsters placed on the property shall meet the following requirements:
(1)
All properties that utilize a dumpster shall utilize an enclosed dumpster area.
(2)
All dumpster enclosures shall be located behind the structure on the side designated as having the rear yard. If topography or other conditions will not allow the dumpster enclosure to meet this requirement, the Administrator shall approve an appropriate location.
(3)
Dumpster enclosures shall not be located any closer than five feet to a lot line.
(4)
Dumpster enclosures shall not be located on any required parking spaces or within any required easements.
(5)
Dumpsters shall be surrounded by an opaque enclosure that is compatible with the design and color of the principal building. Chain-link fencing shall not be permitted as an enclosure.
(6)
Dumpster enclosures shall have a minimum height of six feet. If the dumpster is taller than four feet, the enclosure shall be two feet taller in height than the dumpster. Dumpster enclosure area shall have no overhead obstructions (wires, trees, roof overhangs, etc.).
(7)
Dumpster enclosures shall have a single or double access gate on one side only. Gates shall have a closing latch and must remain closed at all times except during service.
(8)
All dumpster enclosures shall be placed on a concrete pad with a concrete apron.
§ 525-46 Landscaping.
A.
Intent. The intent of this section is to enhance the appearance of the Town by improving the quality of landscaping. Criteria and standards are provided to ensure building sites and off-street parking areas are sufficiently landscaped to protect and preserve the appearance, character and value of surrounding properties and public right-of-way, thereby promoting the general welfare, safety and aesthetic quality of the Town of Buchanan.
B.
Additional applicability. In addition to applicability as listed in § 525-44A., this section shall also apply to existing occupied developments that do not conform to the provisions of this article. These developments may be continued until such time a site plan is required by this chapter. Where a building, parking or other site improvement is proposed, landscaping requirements in this article shall apply to those areas on the property; if the remaining areas of the property not proposed for improvements are nonconforming, they may continue as legal nonconforming, but it is recommended they be brought into conformance as much as possible. Flexibility on relief shall be allowed on a case-by-case basis, as approved by the Administrator, as the standards set in this section may not be able to be applied due to existing physical or environmental constraints. It is the intent to meet the standards in this section where practical.
C.
Landscape plan submittal and requirements. A landscape plan shall be submitted for review and shall be drawn to an appropriate scale and shall include at a minimum the following information:
(1)
The name and address of owner/developer, and name of the landscape architect/designer.
(2)
Date of plan preparation, date and description of all plan revisions, name of project or development, scale of plan and North marker.
(3)
The location of all lot lines, locations of all existing and proposed easements and rights-of-way, and elevation, topography, and cross-section details as determined necessary by the Administrator.
(4)
The locations of all existing and proposed structures, parking and loading areas, driveways, sidewalks, ground signs, dumpster enclosure areas, fences, freestanding electrical and other utility equipment and other related site improvement features.
(5)
The locations and contours at one-foot intervals of all proposed berms.
(6)
The location, caliper size and species (common and/or botanical name) of all existing plant material on the site and designation of intended treatment (save, move, remove).
(7)
The location, caliper size at planting and species (common and/or botanical name) of all proposed plant materials, and location and description of all ground cover and turf grasses.
(8)
A schedule of all new plants proposed for planting, and those existing plants that will be saved, including planned installation date.
(9)
A schedule itemizing the total square foot area of all green space proposed on the lot, the total square foot area of off-street parking, the number of off-street parking spaces, the number and square foot area of each interior island and peninsula.
D.
Landscape standards. Landscaping required under this section shall be of four types as specified below: lot line landscaping, interior landscaping, buffer yard landscaping and screening requirements:
(1)
Lot line landscaping. A minimum five-foot-wide area extending along the lot adjacent to all road right-of-way plus a minimum five-foot-wide area along all other lot lines shall be landscaped as described below. (Requirements shall not apply for any development with an approved zero lot line.)
(a)
Lot line landscaping areas shall be planted with a minimum of one shade tree and six shrubs per 40 linear feet of frontage, excluding driveway openings.
(b)
Where it is deemed appropriate or desirable to construct a berm in the lot line landscaping area, the slope of the berm shall be planted with a minimum of one shade tree and three shrubs per 40 lineal feet of frontage, excluding driveway openings.
(2)
Buffer yard landscaping. Any commercial, industrial or other nonresidential use adjacent to a residential use or zoning district shall provide a landscaped buffer yard along the full length of the affected side to afford protection to the residential uses from the glare of lights, from visual encroachment, and from the transmission of noise. Required buffer yards shall be landscaped as described below. Combinations of trees, shrubs, berms, and fences shall create screening, which is at least 50% impervious at planting to sight.
(a)
Buffer yards required for commercial/non-residential uses zoned AGD, CL, CR, CP, IND and PI shall be a minimum 10 feet wide and shall be planted with a variety of conifer species spaced 20 feet on center and a minimum of one shade tree at fifty-foot centers (shade trees shall be defined as any tree with a mature height of 30 feet or greater).
(b)
Buffer yards required for industrial/nonresidential uses zoned IND shall be a minimum 25 feet wide and shall be planted with a double row of a variety of conifer species spaced 20 feet on center and a minimum of one shade tree at fifty-foot centers (shade trees shall be defined as any tree with a mature height of 30 feet or greater).
(c)
As an alternative to these buffer yard landscaping requirements, a six-foot-high sight-tight fence may be constructed near the lot line, except chain-link fences with or without privacy slats shall be prohibited, with the remainder of the required buffer yard planted with a minimum of one shade tree at fifty-foot centers ("shade trees" shall be defined as any tree with a mature height of 30 feet or greater). The required trees shall be located between the lot line and fence.
(d)
The required buffer yard shall be a green space where no portion of a building, parking, and driving, loading, or storage area may be located.
(e)
Mulch, stone or other acceptable organic material shall be placed around the base of all plant material and maintained on regular basis.
(3)
Screening requirements. The intent of these requirements is to provide a visual screen around service equipment, outdoor storage, shipping and receiving docks, and trash collections areas contained within commercial, industrial, and nonresidential properties.
(a)
At the time of installation or planting, screening materials of a variety of conifer plantings must be at least 50% impervious at planting to sight and be sufficiently high and long to accomplish the desired blockage of view year-round. These plantings shall be located adjacent to the area being screened.
(b)
As an alternative to the landscaping requirements, a six-foot-high, sight-tight fence may be constructed near the lot line (chain-link fences with or without privacy slats shall be prohibited), with the remainder of the required strip planted with a minimum of one shade tree at fifty-foot centers (shade trees shall be defined as any tree with a mature height of 30 feet or greater). The required strip shall be a green space where no portion of a building, parking, and driving, loading, or storage area may be located.
E.
Planting specifications. Plant materials provided in conformance with the requirements of this section shall be equal to or better in quality than the standards of the American Nursery and Landscape Association. The minimum sizes of plant materials that shall satisfy the requirements of this section are as follows:
(1)
Shade tree: caliper of 2 1/2 inches.
(2)
Ornamental tree: caliper of 1 1/2 inches.
(3)
Evergreen tree: five feet in height.
(4)
Shrub: eighteen-to-twenty-four-inch height or spread.
F.
Substitutions and modifications.
(1)
To meet unique site design conditions or to overcome obstructions, conflicts or other factors, the Administrator may approve planting substitutions as described below.
(a)
Two ornamental trees may be substituted in place of one shade tree.
(b)
Two evergreen trees may be substituted in place of one shade tree.
(c)
One evergreen tree may be substituted in place of five shrubs.
(d)
One shade tree may be substituted in place of 10 shrubs.
(2)
While plant materials should generally be distributed proportionately on the lot in accordance with the standards of this section, the Administrator can require alterations and variations in the planting pattern, on a case-by-case basis, to maximize the effectiveness of the installed landscaping.
(3)
Flexibility on relief may be provided in meeting the landscape standards in cases where quantity and location of planting material would be difficult to install due to site/environmental or life/safety reasons, including restrictions within vision triangles, or unique land uses being proposed for development. In these cases, required plant material shall be relocated elsewhere on the site. The Plan Commission shall review and may approve a reduction in plant quantity due to the circumstances listed above if there isn't room on site to relocate the required plant material. If a reduction is approved, the Plan Commission shall require fee-in-lieu, based on the market rate of the plant material being reduced, to be used for landscaping within the public right-of-way or on public property.
G.
Installation/certification. All landscaping, buffering and screening improvements required under this section must be completed on a schedule approved by the Administrator. Within 30 days of the installation of plat materials, the owner/developer shall submit written certification to the Town that healthy plant materials were properly installed in accordance with the approved landscape plan and the Town shall conduct an inspection to verify conformance with the approved plans.
H.
Maintenance. The owner of the lot on which landscaping has been provided shall be responsible for protecting and maintaining all plant materials and landscape areas in a healthy and growing condition and shall be responsible for keeping them free from refuse, debris and weeds. Failure to maintain or replace dead or diseased plant materials during the next appropriate planting period shall constitute a violation of the provisions of this section.
§ 525-47 Outdoor lighting.
A.
Intent. The intent of this section is to regulate outdoor lighting in order to reduce and prevent light pollution within the Town of Buchanan, promoting the public health, safety, prosperity, aesthetics and general welfare of the community. This means, to the extent reasonably possible, the reduction or prevention of glare and light trespass, the conservation of energy, and promotion of safety and security.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
DARK SKY CUTOFF
Any light fixture that emits its light below 45° when measured from 0 to 180° vertical. Dark sky cutoff fixtures keep most of their light from reaching the night sky and also minimize ground reflection and reduce light scatter beyond the property line.
DARK SKY FIXTURE/FULLY SHIELDED LUMINAIRE
A light fixture that emits its light below 90° when measured from 0 to 180° vertical. Dark sky fixtures keep most of their light from reaching the night sky.
DARK SKY SHADE OR SHIELD
Anything that is used to shade or shield a light fixture so that it behaves as a dark sky fixture. These include, but are not limited to, fixtures outfitted with caps or housings or installed under canopies, building overhangs, roof eaves, or shaded by other structures, objects or devices.
FIXTURE or LUMINAIRE
A complete lighting unit including the lamps or bulbs, together with the parts required to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply.
FOOTCANDLE
The unit of measure expressing the quantity of light received on a surface. One footcandle is the illuminance produced by a candle on a surface one foot square from a distance of one foot.
FULL CUTOFF
A light fixture that prevents all transmissions of light above the horizontal.
FULL SHIELD
A fixture with housing or attachment which prevents a line of sight to the bulb when viewed from another property and which prevents a line of sight to any part of the light source at or above a horizontal plane running through the lowest portion of the fixture.
LIGHT POLLUTION
A general sky glow caused by the scattering of artificial light in the atmosphere and resulting in decreased ability to see the natural night sky.
LIGHT TRESPASS
Light emitted by a fixture that shines beyond the property on which the fixture is installed causing private nuisance to adjacent property owners.
MOTION SENSOR
Any device that turns a light fixture on when it detects motion and off when motion stops.
SHIELDING
Restricts light rays being emitted by a fixture above the horizontal plane running through the lowest point of the fixture where light is emitted.
SWITCH
Any device that can be manually controlled by a person to turn a light fixture on and off.
TEMPORARY LIGHTING
Refers to lighting as required to carry out legally approved activities for durations for those activities. These include, but are not limited to, for example, activities such as nighttime agricultural operations, construction work lighting and seasonal decorations.
C.
General prohibitions. Except as specifically permitted by this article, all non-dark-sky lights and fixtures are prohibited.
D.
Light fixtures permitted.
(1)
Existing light fixtures. All light fixtures existing as of the effective date of this article are grandfathered, approved and permitted by this article. However, at such time as such fixture is replaced, the provisions of this article shall apply.
(2)
Dark sky fixtures. All light fixtures that are dark sky fixtures and dark sky cutoff fixtures are approved and permitted by this article.
(3)
Dark sky shade or shield. All light fixtures that have a dark sky shade or dark sky shield (fully shielded) are approved and permitted by this article.
(4)
Other light fixtures encouraged but not required:
(a)
Light fixtures with motion sensors are encouraged to minimize the duration of nighttime lighting.
(b)
Light fixtures with soft yellow or orange lights instead of harsh white lights are encouraged to protect the view of the night sky.
(c)
Dark sky shades and dark sky shields are encouraged for existing fixtures to protect the view of the night sky, minimize ground reflection and reduce light scatter beyond the property line.
E.
Approval procedure. A photometric plan is required in conjunction with § 525-11, Site plans, of this chapter and must be approved before installation of improvements, issuance of an erosion control/stormwater permit, and issuance of a building permit.
F.
Exterior lighting, whether freestanding or mounted on a building or structure, shall be certified by the International Dark-Sky Association (IDA) as dark-sky compliant; documentation shall be provided to verify certification. Lighting shall be fully shielded and oriented so as not to exceed the following light levels on adjacent properties:
(1)
Zero point two horizontal footcandles on residentially zoned property or nonresidentially zoned property that has a residential use.
(2)
Two point zero horizontal footcandles on non-residentially zoned property.
(3)
Fifteen horizontal footcandles on public road right-of-way; if light spills onto property across a public right-of-way, the 0.2 and 2.0 horizontal footcandle restrictions shall apply accordingly as identified in this subsection.
G.
Inspection and completion. See § 525-11B for inspection and completion requirements.
§ 525-48 Building material and architectural requirements.
A.
Intent: achieve a cohesive, aesthetically pleasing and consistent architectural character in new construction, additions and redevelopment through the use of exterior building materials and details that are similar to or compatible with adjacent buildings.
B.
Building material and facade requirements.
(1)
Materials must be selected to adequately suit the type of building and style in which it is intended to serve.
(2)
Buildings must have the same materials, or those which are architecturally harmonious, used for all building elevations. A primary facade material must be used consistently on all building elevations to limit the number of compatible secondary facade materials.
(3)
The sides and rear of buildings shall be as visually attractive as the front through the design of rooflines, use of similar architectural detailing and building materials.
(4)
Examples of appropriate facade materials: brick, nonreflective glass, wood, stucco, decorative architectural tile, integrally colored textured concrete, natural or cultured stone, architectural block, architectural metal panels.
(5)
Examples of limited facade materials for accent only: particle board, shingle siding (except for cedar shake siding), vinyl siding, wood siding (plywood paneling), highly reflective or glare-producing glass, industrial metal panels with or without exposed fasteners, concrete masonry units, exposed aggregate precast concrete, metal.
C.
Architectural requirements.
(1)
Building designs shall minimize the effects of size and scale by use of variable rooflines, door and window openings, facade protrusions or recesses, and use of porticos, overhangs, arcades, arches, patios and other similar features.
(2)
Building entrances must be designed to be clearly identifiable and easily recognizable from parking lots and pedestrian access points.
(3)
Colors shall be compatible, coherent and harmonious with existing materials in the immediate area. Color schemes shall be used consistently throughout the property. Fluorescent, day-glow and/or neon colors and light tubing shall not be permitted.
(4)
For all visible roofs, roofing materials and construction must be high quality, such as but not limited to standing seam metal, slate, cedar or architectural shingles. Roofing materials and shape must be compatible with the architectural style of the building and with surrounding buildings and roofs.
§ 525-49 Industrial development.
A.
Intent. It is the intent of this section to use performance standards for the regulation of industrial uses to facilitate a more objective and equitable basis for control, and to ensure that the community is adequately protected from potential hazardous and nuisance-like effects.
B.
Standards of operations.
(1)
Vibration. No operation or activity shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the Industrial District boundaries. Vibration perception threshold means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. Vibrations not directly under the control of the property uses and vibrations from temporary construction or maintenance activities shall be exempt from the above standard.
(2)
External lighting. No operation or activity shall produce any intense glare or lighting with the source directly visible beyond the Industrial District boundaries.
(3)
Odor. No operation or activity shall emit any substance or combination of substances in such quantities that create an objectionable odor, as defined in Ch. NR 429, Wis. Adm. Code.
(4)
Particulate emissions. No operation or activity shall emit any particulate matter into the ambient air which exceeds the limitations as established in Ch. NR 415, Wis. Adm. Code.
(5)
Visible emissions. No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Ch. NR 431, Wis. Adm. Code.
(6)
Hazardous pollutants. No operation or activity shall emit any hazardous substances in such a quantity, concentration or duration as to be injurious to human health or property, and all emissions of hazardous substances shall not exceed the limitations established in Ch. NR 445, Wis. Adm. Code.
(7)
Noise.
(a)
No activity in an Industrial District shall produce a sound level outside the district boundary that exceeds the following sound level measured by a sound level meter and associated octave band filter as shown in Table 525-49-1:
Table 525-49-1: Sound Level Limitations | |
|---|---|
Octave Band Frequency (cycles per second) | Sound Level (decibels) |
0 to 75 | 79 |
75 to 150 | 74 |
150 to 300 | 66 |
300 to 600 | 59 |
600 to 1,200 | 53 |
1,200 to 2,400 | 47 |
2,400 to 4,800 | 41 |
Above 4,800 | 39 |
(b)
All noise shall be so muffled or otherwise controlled as not to become objectionable due to intermittence, duration, beat frequency, impulse character, periodic character or shrillness.
C.
Administration. Determinations necessary for the administration and enforcement of these standards range from those which can be made by a reasonable person using normal senses and no mechanical equipment to those requiring substantial technical competence and complex equipment. It is the intent of this section that the methods to be used in determining compliance shall be the responsibility of the Building Inspector and Administrator, subject to the following procedures:
(1)
Approval of building permits. Prior to approving a building permit for any industrial use or any change thereof, the Building Inspector and Administrator shall have received from the applicant evidence or assurance that the proposed use or changing use will satisfy the air quality, vibration, noise and exterior lighting standards of this chapter.
(2)
Violation of standards. Whenever the Building Inspector or Administrator have reason to believe the air quality, vibration, noise and exterior lighting standards of this chapter have been violated, written notice shall be made by certified mail to the person or persons responsible for the alleged violation. Such notice shall describe the alleged violation and shall require an answer or correction of the alleged violation within 30 days. Failure to reply or correct the alleged violation within 30 days may cause lawful action to be taken to cause correction as provided in this chapter or referral of the alleged violation to the Wisconsin Department of Natural Resources.
§ 525-50 Corner visibility.
On any corner lot in all zoning districts, no fence, wall, hedge, planting or structure shall be erected, placed, planted or allowed to grow in such a manner as to obstruct the vision clearance triangle between a height of 2 1/2 feet and 10 feet above the center-line grades of the intersecting streets in the area bounded by the right-of-way lines of such corner lots and a line joining the points along said right-of-way lines 25 feet from the point of intersection. See Diagram 525-50-1.
Diagram 525-50-1: Vision Clearance Triangle  |
§ 525-51 Off-street parking.
A.
Requirements not specified. Minimum parking standards are not required for all nonresidential uses in the CL, CR, CP, IND and PI Districts except as shown in Table 525-51-1. However, when off-street parking facilities are provided, such facilities shall be provided in accordance with the design provision of this subsection, except in respect to the required number of spaces.
Table 525-51-1: Off Street Parking Requirements | |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District | AGD General Agricultural | CON Conservancy Overlay | RR Rural Residential | RSF Single Family Residential | RTF Two Family Residential | STFR Single and Two-Family Residential | MDR Medium Density Residential | RMF Multifamily Residential | CL Local Commercial | CR Regional Commercial | CP Planned Commercial | IND Industrial | PI Public/Institutional |
Minimum off street parking spaced required | None | None | 1.5 spaces per dwelling unit | 1.5 spaces per dwelling unit | 1.5 spaces per dwelling unit | 1.5 spaces per dwelling unit | 1.0 space per dwelling unit | 1.0 space per dwelling unit | None | None | None | None | Churches: 1 per 3 fixed seats. |
High schools: 1 per 3 students plus 1 per employee. | |||||||||||||
Elementary school, junior high school, day nurseries: 1 per employee. | |||||||||||||
Libraries, exhibits, community centers: 1 per 3 persons of maximum capacity. | |||||||||||||
Convalescent home, children's home, nursing home: 1 per 4 beds plus 1 per employee. | |||||||||||||
B.
Parking requirements for a use not specified shall be the same as required for a use of similar nature, or sufficient off-street parking shall be provided such that no public street shall be used for parking.
C.
Fractional spaces. Where computation of the required parking spaces results in a fractional number, only the fraction of 1/2 or larger shall be counted as one.
D.
Changes in buildings or use. Whenever a building or use is enlarged to the extent of 50% or more in floor area, such spaces shall be provided on the basis of the enlargement or change.
E.
Joint use. Two or more uses may provide required off-street parking spaces in a common parking facility less than the sum of the spaces required for each use individually, provided such uses are not operating during the same hours. A written agreement shall accompany any joint use arrangement.
F.
Off-lot parking. Required off-street parking spaces shall be located on the same lot with the principal use or, when this requirement cannot be met, such parking spaces may be located off lot, provided the parking spaces are located in the same district. Off-lot parking spaces must also be held in fee simple ownership by the owner of the use requiring such parking or be leased or rented through a written agreement. Off-lot parking spaces for residential uses shall be within 200 feet of the principal entrance or the entrance for the individual occupants for whom the spaces are reserved.
G.
Design standards. Parking lots shall be designed using the standards contained in Table 525-51-2.
Table 525-51-2: Parking Lot Design Standards | ||||
|---|---|---|---|---|
Design Standard | 30° | 45° | 60° | 90° |
Stall width perpendicular to parking stall: surface parking | 9 ft. | 9 ft. | 9 ft. | 9 ft. |
Stall depth | 18 ft. | 19 ft. | 20.5 ft. | 18 ft. |
One-way drive aisle width | 12 ft. | 13 ft. | 18 ft. | 24 ft. |
Two-way drive aisle width | 22 ft. | 22 ft. | 24 ft. | 24 ft. |
Parallel parking | 9 ft. x 22 ft. | |||
NOTE: All parking areas shall be surfaced with a durable, dustproof surface consisting of concrete or bituminous concrete unless otherwise permitted. | ||||
§ 525-52 Solar Energy Systems (SES).
A.
Purpose. The purpose of this section is to provide a regulatory scheme through a solar energy system (SES) permit application process to review the construction and operation of all solar energy systems in the Town of Buchanan, Outagamie County, Wisconsin. All regulations contained herein are adopted to preserve and protect the public health and safety. The Town understands that local restrictions on large-scale solar energy systems may be limited as they may be affected by state statute provisions, project details, and necessary Wisconsin Public Service Commission project approvals.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
AGRIVOLTAICS
A solar energy system co-located on the same parcel of land as agricultural production, including crop production, grazing, apiaries, or other agricultural products or services.
BATTERY ENERGY STORAGE SYSTEM
A system of battery devices that enable energy from renewables, like solar and wind, to be stored and then released when customers need power most.
COMMUNITY SOLAR GARDEN
A solar energy system that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off-site from the location of the solar energy system. Also referred to as "shared solar."
EXISTING SOLAR ENERGY SYSTEMS
A solar energy system lawfully existing at the time of the adoption or amendment of this chapter may be continued even if such a system does not conform to the provisions of this chapter. However, it shall be deemed a nonconforming use or structure, and the provisions of § 525-28, Nonconformities, of this chapter shall apply.
GRID-INTERTIE SOLAR ENERGY SYSTEM
A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company.
MICROGRID
A self-sufficient energy system that serves individual or multiple buildings and/or a discrete geographic footprint, such as a college campus, medical center, business center or neighborhood. Microgrids must be local, independent, and intelligent. Microgrids may include the use of battery energy storage systems.
PASSIVE SOLAR ENERGY SYSTEM
A solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.
PHOTOVOLTAIC SYSTEM
A solar energy system that converts solar energy directly into electricity.
RENEWABLE ENERGY EASEMENT, SOLAR ENERGY EASEMENT
An easement that limits the height or location, or both, of permissible development on the burdened land in terms of a structure or vegetation, or both, for the purpose of providing access for the benefited land to wind or sunlight passing over the burdened land, consistent with § 700.35, Wis. Stats.
ROOF PITCH
The final exterior slope of a roof calculated by the rise over the run, typically but not exclusively expressed in twelfths such as 3/12, 9/12, 12/12.
ROOF-MOUNT
A form of building-mounted solar energy system in which solar panels are mounted on a rack that is fastened to or ballasted on a structure's roof. Roof-mount systems are accessory to the principal use.
SOLAR ACCESS
Unobstructed access to direct sunlight on a lot or building through the entire year, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system.
SOLAR CARPORT
A solar energy system of any size that is installed on a carport structure that is accessory to a parking area, and which may include electric vehicle supply equipment or energy storage facilities.
SOLAR COLLECTOR
A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. The collector does not include frames, supports, or mounting hardware.
SOLAR DAYLIGHTING
Capturing and directing the visible light spectrum for use in illuminating interior building spaces in lieu of artificial lighting, usually by adding a device or design element to the building envelope.
SOLAR ENERGY
Radiant energy received from the sun which can be collected in the form of heat or light by a solar collector.
SOLAR ENERGY SYSTEM (SES)
A device, array of devices, or structural design feature, the purpose of which is to provide for generation or storage of electricity from sunlight, or the collection, storage and distribution of solar energy for space heating or cooling, daylight for interior lighting, or water heating. "Solar energy systems" is further defined in this section, but exclude the following which are permitted accessory uses in all districts:
(1)
Solar-powered light fixtures that are ground- or wall-mounted.
(2)
Solar-powered electric fences.
SOLAR ENERGY SYSTEM, BUILDING-INTEGRATED
A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights, and awnings.
SOLAR ENERGY SYSTEM, BUILDING-MOUNTED
A form of small-scale or mid-scale SES considered as an accessory use which consists of the installation of equipment mounted on a building or incorporated into exterior building materials that uses sunlight to produce electricity or provide heat or water to a building: These systems require a building permit that shall be reviewed and issued by the Building Inspector.
SOLAR ENERGY SYSTEM, GROUND-MOUNTED
A form of SES mounted on a rack or pole that rests or is attached to the ground. Ground-mount systems can be either accessory or principal uses depending on its scale classification.
SOLAR ENERGY SYSTEM, LARGE SCALE (100MW+)
A commercial solar energy system that converts sunlight into electricity for the primary purpose of wholesale sales of generated electricity. A large-scale solar energy system is the principal land use for a parcel(s) generating 100MW or more and will require approval by the Wisconsin Public Service Commission.
SOLAR ENERGY SYSTEM, MID-SCALE (30kW to 100MW)
Either a privately owned solar energy system that converts sunlight into electricity for the purpose of providing power to structures and facilities on the same site, or a commercial solar energy system that converts sunlight into electricity for the primary purpose of wholesale sales of generated electricity. A mid-scale solar energy system can be a principal or accessory land use for a parcel(s) generating between 30kW to 100MW and does not require approval by the Wisconsin Public Service Commission. These may be allowed as an accessory use if a special exception is granted.
SOLAR ENERGY SYSTEM, SMALL-SCALE (Less than 30kW)
A privately owned solar energy system that converts sunlight into electricity for the primary purpose of providing power to structures and facilities on the same site. A small-scale solar energy system is an accessory land use for a parcel(s) generating less than 30kW and does not require approval by the Wisconsin Public Service Commission. A small-scale SES may be ground-mounted or building-mounted.
SOLAR HOT AIR SYSTEM, SOLAR AIR HEAT, or SOLAR FURNACE
A solar energy system that includes a solar collector to provide direct supplemental space heating by heating and recirculating conditioned building air. The most efficient performance includes a solar collector to preheat air or supplement building space heating, typically using a vertically mounted collector on a south-facing wall.
SOLAR HOT WATER SYSTEM
A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes.
SOLAR MOUNTING DEVICES
Racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or the ground.
SOLAR RESOURCE
A view of the sun from a specific point on a lot or building that is not obscured by any vegetation, building, or object for a minimum of four hours between the hours of 9:00 a.m. and 3:00 p.m. Standard time on all days of the year and can be measured in annual watts per square meter.
C.
Permit required. No solar energy system (SES) may be installed or maintained in the Town of Buchanan without a building permit, or a solar energy system permit granted pursuant to this chapter based on the type of system as described below:
(1)
Large-scale SES (100 MW+). The Town understands that local restrictions on large-scale solar energy systems may be limited as they may be affected by state statute provisions, project details, and necessary Wisconsin Public Service Commission project approvals. Given that, such systems are allowed only as a special exception use in the AGD District and requires a building permit from the Town. The Town will require a special exception permit and/or developer's agreement as long as no conditions, in the opinion of the SES developer, inhibit or preclude the project, per § 196.491(3)(i), Wis. Stats, an Outagamie County Shoreland/Floodplain Zoning permit, if applicable, may also be required.
(2)
Mid-scale SES (< 100 MW and > 30 kW). Are subject to the special exception permit conditions set forth in Article VIII of this chapter and the requirements set forth in the Town's building permit requirements, the county's applicable shoreland/floodplain requirements, and any other applicable state or federal requirements. Such systems are allowed only in the AGD, RMF, CL, CR, CP, PI and IND Districts.
(3)
Small-scale SES (30 kW or less). Are considered to be permitted accessory use in all districts, whether they be ground-mounted, building-integrated, or building-mounted systems. Such systems are allowed whether or not a principal structure exists on the parcel. A building permit from the Town is required, and an Outagamie County Shoreland/Floodplain Zoning permit may also be required, if applicable.
D.
Application required. Every application for a solar energy system permit shall be made in writing and shall include the following information:
(1)
Name and address of the applicant and the name and contact information for a designated representative of the applicant.
(2)
Listing of affected parcel ID numbers and evidence that the applicant is the owner of the property involved or has the written permission of the owner to make such an application.
(3)
All materials identified in § 525-11, Site plan review.
(4)
Solar energy system permit applications and associated fees for must be submitted to the Town Clerk.
(5)
Applications for small-scale building-mounted or building-integrated systems meeting the design standards of this chapter shall be granted administrative approval of their solar energy permit by the Building Inspector within 60 days of complete application submittal and shall not require Plan Commission review.
(6)
Applications for large-scale ground-mounted and mid-scale SESs will be addressed by the Plan Commission within 60 days of complete application submittal.
E.
(Reserved)
F.
Applicant fees. Application fees shall be paid consistent with the Town's Annual Fee Schedule.[1]
(1)
An application fee shall be charged as set in the Fee Schedule by the Town Board.
[1]
Editor's Note: The Fee Schedule is on file in the Town Administrators office.
G.
Site plan approval required. All solar energy systems requiring a building permit from the Town shall seek a solar energy system permit and shall provide a site plan for review in accordance with § 525-11.
(1)
Site plan submittal requirements:
(a)
Site layout maps and drawings which show the location of the system on the building or on the property for a ground-mount system, including surrounding land uses, property lines, existing structures, the SES, as well as the total extent of system components, and the interconnection points with the electrical grid. For mid-scale and large-scale SESs, a map indicating neighboring lots within 1,000 feet of the perimeter of the subject site shall be provided.
(b)
To-scale horizontal and vertical (elevation) drawings illustrating the SES's dimensions, its height above ground level, orientation, and slope from horizontal.
(c)
For mid-scale and large-scale SESs, a landscape plan and/or agrivoltaics plan that includes proposed topography, grubbing and clearing along with plantings and final vegetation.
(d)
Solar energy system specifications, including the manufacturer and model, generating capacity, total height, collector square footage, wiring plan, means of interconnecting with the electrical grid, and any agreements with public utilities with regard to connecting to their systems.
(e)
Installers' qualifications and signatures certifying that the SES will be installed in compliance with all Town ordinances and any other applicable codes.
(f)
Calculations showing the percentage of land (lot) coverage by the SES when panels are in the position that has the largest horizontal area.
(g)
For mid- and large-scale systems only, a decommissioning plan as established in § 526-52J.
(2)
Small-scale solar uses and design standards. Permitted accessory use small-scale SESs are subject to the requirements as set forth below. Solar carports and associated electric vehicle charging equipment are a permitted accessory use on surface parking lots in all districts regardless of the existence of another building.
(a)
Height. Solar energy systems must meet the following height requirements:
[1]
Building- or roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes of height measurement, solar energy systems other than building-integrated systems shall be given an equivalent exception to height standards as building-mounted mechanical devices or equipment.
[2]
Ground or pool-mounted solar energy systems shall not exceed 15 feet in height when oriented at maximum tilt.
[3]
Solar carports in nonresidential districts shall not exceed 20 feet in height.
(b)
Setbacks. Solar energy systems must meet the accessory structure setback for the zoning district and primary land use associated with the lot on which the system is located, except as allowed below:
[1]
Roof- or building-mounted solar energy systems. The following setback requirements apply:
[a]
Collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system has been explicitly engineered to safely extend beyond the edge, and setback standards are not violated.
[b]
Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side-yard exposure. Solar collectors mounted on the sides of buildings and serving as awnings are considered to be building-integrated systems and are regulated as awnings.
[c]
The panels of a system that are mounted on a flat roof may be either fixed or movable and may be placed at an angle to optimize efficiency of the system.
[d]
A solar energy system may be mounted on the facade of a commercial building, provided the installation does not project more than four feet from the face of a wall.
[2]
Ground-mounted solar energy systems. Ground-mounted solar energy systems may not extend into the side-yard or rear setback when oriented at minimum design tilt, except as otherwise allowed for by building mechanical systems.
(c)
Visibility. Solar energy systems in residential districts shall be designed to minimize visual impacts from the public right-of-way, as described this section to the extent that doing so does not affect the cost or efficacy of the system, consistent with § 66.0401, Wis. Stats.
(d)
Building-integrated photovoltaic systems. Building-integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided the building component in which the system is integrated meets all required setback, land use or performance standards for the district in which the building is located.
(e)
Aesthetic restrictions. Roof-mount or ground-mount solar energy systems shall not be restricted for aesthetic reasons if the system is not visible from the closest edge of any public right-of-way other than an alley, or if the system meets the following standards:
[1]
Roof-mounted systems on pitched roofs that are visible from the nearest edge of the front right-of-way shall have the same finished pitch as the roof and be no more than 10 inches above the roof.
[2]
Roof-mount systems on flat roofs that are visible from the nearest edge of the front right-of-way shall not be more than five feet above the finished roof and are exempt from any rooftop equipment or mechanical system screening.
(f)
Reflectors. All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties.
(g)
Lot coverage. Ground-mount systems total collector area shall not exceed half the building footprint of the principal structure.
[1]
Ground-mount systems shall be exempt from lot coverage or impervious surface standards if the soil under the collector is maintained in vegetation and not compacted.
[2]
Ground-mounted systems shall not count toward accessory structure limitations.
[3]
Solar carports in nonresidential districts are exempt from lot coverage limitations.
(h)
Historic buildings. Solar energy systems on buildings within designated historic districts or on locally designated historic buildings (exclusive of state or federal historic designation) must receive approval of the Town Board.
(i)
Approved solar components. All panels shall be certified by one of the following (or their equivalent as determined by the Town): Underwriters Laboratories, Inc.; National Renewable Energy Laboratory; Solar Rating and Certification Corporation. Solar hot water systems must have an SRCC rating.
(j)
Compliance with Building Code. All solar energy systems shall meet approval of local building code officials, consistent with the State of Wisconsin Building Code or the Building Code adopted by the local jurisdiction, and solar thermal systems shall comply with HVAC-related requirements of the Energy Code.
(k)
Compliance with State Electric Code. All photovoltaic systems shall comply with the Wisconsin State Electric Code.
(l)
Compliance with State Plumbing Code. Solar thermal systems shall comply with applicable Wisconsin State Plumbing Code requirements.
(m)
Utility notification. All grid-intertie solar energy systems shall comply with the interconnection requirements of the electric utility. Off-grid systems are exempt from this requirement.
H.
(Reserved)
I.
Mid-scale and large-scale SES general design standards. Mid-scale and large-scale SESs, whether a principal or accessory use, shall be subject to the following requirements:
(1)
Site design.
(a)
Setbacks. The SES must meet the following setbacks:
[1]
Property line setback for buildings or structures in the district in which the system is located, except as other determined in Subsection I(1)(a)[5] below.
[2]
Roadway setback of 150 feet from the ROW center line of state highways and county highways, 100 feet for other roads, except as otherwise determined in Subsection I(1)(a)[5] below.
[3]
Housing unit setback of 150 feet from any existing dwelling unit, except as other determined in Subsection I(1)(a)[5]] below.
[4]
Setback distance should be measured from the edge of the solar energy system array, excluding security fencing, screening, or berm.
[5]
All setbacks can be reduced by 50% if the array is fully screened from the setback point of measurement.
(b)
Screening. SESs shall be screened from existing residential dwellings.
[1]
A screening plan shall be submitted that identifies the type and extent of screening.
[2]
Screening shall be consistent with Town's screening ordinance or standards typically applied for other land uses requiring screening.
[3]
Screening shall not be required along property lines within the same zoning district, except where the adjoining lot has an existing residential use.
[4]
The Town may require screening where it determines there is a clear community interest in maintaining a viewshed.
(c)
Ground cover and buffer areas. The following provisions shall apply to preservation of existing vegetation and establishment of vegetated ground cover. Vegetated ground cover standards shall not apply if an agrivoltaics plan is approved as part of Subsection G(1)(c). Additional site-specific conditions may apply as required by the Town.
[1]
Large-scale removal of mature trees on the site is discouraged. The Town may set additional restrictions on tree clearing or require mitigation for cleared trees.
[2]
The applicant shall submit a vegetative management plan prepared by a qualified professional or reviewed and approved by a natural resource agency or authority, such as the Wisconsin Department of Natural Resources, County Soil and Water Conservation District, Land and Water Conservation Department or Natural Resource Conservation Service. The plan shall identify:
[a]
The natural resource professionals consulted or responsible for the plan.
[b]
The conservation, habitat, ecosystem, or agricultural goals, which may include providing habitat for pollinators, such as bees and monarch butterflies, providing habitat for wildlife, such as upland nesting birds and other wildlife, establishing vegetation for livestock grazing, reducing on-site soil erosion, and improving or protecting surface water or groundwater quality.
[c]
The intended mix of vegetation upon establishment.
[d]
The management methods and schedules for how the vegetation will be managed on an annual basis, with particular attention given to the establishment period of approximately three years.
[3]
Soils shall be planted and maintained in perennial vegetation for the full operational life of the project, to prevent erosion, manage run off and build soil.
[4]
Vegetative cover should include a mix of perennial grasses and wildflowers that will preferably result in a short stature prairie with a diversity of forbs or flowering plants that bloom throughout the growing season. Blooming shrubs may be used in buffer areas as appropriate for visual screening. Perennial vegetation (grasses and forbs) are preferably native to Wisconsin, but where appropriate to the vegetative management plan goals, may also include other naturalized and noninvasive species which provide habitat for pollinators and wildlife and/or other ecosystem services (i.e., clovers).
[5]
Plant material must not have been treated with systemic insecticides, particularly neonicotinoids.
(d)
Foundations. A qualified engineer shall certify that the foundation and design of the solar panel racking, and support is within accepted professional standards, given local soil and climate conditions.
(e)
Power and communication lines. Running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. All aboveground, exposed power lines shall be placed in conduit. Exemptions may be granted by the Town in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the Administrator.
(f)
Fencing. Perimeter fencing for the site shall not include barbed wire or woven wire designs and shall preferably use wildlife-friendly fencing standards that include clearance at the bottom. Alternative fencing can be used if the site is incorporating agrivoltaics.
(g)
Stormwater and NPDES. Mid-scale SESs are subject to the Town's stormwater management and erosion and sediment control provisions and NPDES permit requirements. Solar collectors shall not be considered impervious surfaces if the project complies with ground cover standards, as described in Subsection I(1)(c) of this chapter.
(h)
Other standards and codes. All SESs shall follow all applicable local, state and federal regulatory codes, including the State of Wisconsin Uniform Building Code, as amended, and the National Electric Code, as amended.
(i)
Agricultural protection. Mid-scale and large-scale SESs must comply with site assessment or soil identification standards that are intended to identify agricultural soils. The Town may require mitigation for use of prime soils for solar array placement, including the following:
[1]
Demonstrating co-location of agricultural uses (agrivoltaics) on the project site.
[2]
Using a joint development agreement (JDA), that requires the site to be returned to agriculture at the end of life of the solar installation.
[3]
Placing agricultural conservation easements on an equivalent number of prime soil acres adjacent to or surrounding the project in a wellhead protection area for the purpose of removing agricultural uses from high-risk recharge areas.
(j)
Decommissioning. A decommissioning plan shall be required as spelled out in § 525-52J to ensure that facilities are properly removed after their useful life.
J.
Decommissioning. A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life.
(1)
Decommissioning of the system must occur in the event the project reaches the end of its usable life or is inoperable for a continuous period of 12 months. If the Town determines that more than 50% of the panels (measured by total area) have not been operational for a continuous period of 12 months, the Town shall order the removal of the inoperable panels.
(2)
Decommissioning shall consist of removal of the SES structures and subsurface foundations and equipment, disposal of all solid and hazardous waste in accordance with all applicable waste disposal regulations, and stabilization of soils and/or revegetation of the site as necessary to minimize erosion.
(3)
The decommissioning methods shall be established, and cost estimates shall be made by a competent party such as a professional engineer experienced in such matters, a contractor capable of decommissioning, or a party found by the Town to have suitable expertise or experience with decommissioning.
(4)
The Town may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure proper decommissioning.
(5)
The Town Plan Commission shall review the decommissioning plan and request changes that may be needed to comply with the special exception permit or to protect the safety and welfare of the community and Town properties.
(6)
The plan shall provide that decommissioning will begin within 180 days from the end of the SES useful life or if the SES is not in use for 12 consecutive months. Decommissioning shall be completed within nine months from the start of decommissioning activities.
K.
Review of solar energy system permit application. The Town will consider each SES permit on a case-by-case basis following the procedures in § 525-13, Special exceptions, when necessary except as modified in this section.
(1)
In addition to the notice requirements set forth in § 525-13, Special exceptions, for mid-scale (principal use) and large-scale SESs, the Town shall provide written notice of its application to the owners and occupants of all properties located within 1,000 feet of any parcel upon which any portion of the proposed mid-scale or large-scale SES will be located.
(2)
Any mid-scale or large-scale solar energy system permit must be approved by the Town Board. The Town Board may deny a permit for a mid-scale or large-scale solar energy system or may impose restrictions on a mid-scale or large-scale solar energy system if the Town finds that the denial or restrictions satisfy one of the following conditions:
(a)
The denial or restriction serves to preserve or protect the public health or safety.
(b)
The denial or restriction does not significantly increase the cost of the system or significantly decrease its efficiency.
(c)
The denial or restriction allows for an alternative system of comparable cost efficiency.
L.
Solar energy system restrictions. The Town may impose restrictions on a solar energy system relating to any of the following:
(1)
Location of the solar energy system if potentially impacting existing wetlands or other natural features of concern.
(2)
Setbacks from inhabited structures, property lines, public roads, communication and electrical lines, and other sensitive structures and locations.
(3)
Wiring and electrical controls of the solar energy system.
(4)
Reimbursement for emergency services required as a result of the solar energy system.
(5)
Solar energy system ground clearance.
(6)
Solar energy system height.
(7)
Shared revenue, payments in lieu of taxes and other financial matters. All financial matters shall be approved as part of a joint development agreement (JDA).
(8)
Financial security, such as bonds, cash deposits, or letters of credit.
(9)
Decommissioning.
(10)
Compensation to affected property owners.
(11)
Any other matters that are measurable and based on substantial evidence the Town finds appropriate.
M.
Revocation. any solar energy system permit granted for the installation or maintenance of a solar energy system may be revoked by the Town if the permit holder, its heirs, or assigns, violates the provisions of this chapter or the provisions of a permit granted pursuant to this chapter.
§ 525-53 Electric vehicle charging stations (EVCS).
A.
Intent.
(1)
This section is to support the increased popularity of electric vehicles by encouraging the safe and efficient installation of electric vehicle charging stations (EVCS) and parking spaces through the Town's parking regulations and other standards. The goals are to:
(a)
Provide adequate and convenient EVCS parking spaces to serve the needs of the traveling public.
(b)
Provide opportunities for residents to have safe and efficient personal EVCSs located at or near their place of residence.
(c)
Provide the opportunity and incentive for nonresidential uses to supply EVCSs to their customers and employees.
(d)
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zoning districts and settings for convenience of service to those that use electric vehicles.
B.
Definitions.
CHARGING LEVEL
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVCS as follows and as shown on Diagram 525-53-1:
(1)
Level 1 is considered slow charging and operates on a fifteen-am to twenty-amp breaker on a 120-volt AC circuit.
(2)
Level 2 is considered medium charging and operates on a forty-amp to 100-amp breaker on a 208-volt or 240-volt AC circuit.
(3)
Level 3 is considered "fast" or "rapid" charging and typically operates on a sixty-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. Level 3 stations are primarily for commercial and public applications and are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
Diagram 525-53-1: Electric Vehicle Charging Station Types  |
ELECTRIC VEHICLE or EV
Any motor vehicle that is licensed and registered for operation on public and private highways, roads, and streets, and that operates either partially or exclusively on electrical energy from the grid or an off-board source which is stored on-board via a battery, for motive purpose. "Electric vehicle" does not include an electric bicycle. "Electric vehicle" includes:
(1)
A battery electric vehicle; and
(2)
A plug-in hybrid electric vehicle.
ELECTRIC VEHICLE CHARGING STATION (EVCS)
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. EVCSs may deliver either alternating current or, consistent with fast-charging equipment standards, direct current electricity.
ELECTRIC VEHICLE CHARGING STATION FACILITY (EVCSF)
A facility whose primary use it to provide multiple EVCSs for charging electric vehicles as a retail commercial entity, similar to an automobile filling station.
ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE)
The conductors, including the ungrounded, grounded, and equipment grounding conductors, and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.
PRIVATE EVCS
An EVCS(s) that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public). Such EVCSs are not subject to these regulations and requirements.
PUBLICLY ACCESSIBLE EVCS
An EVCS(s) that is publicly available (e.g., park & ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.). This also includes chargers which are part of an EVCSF's as noted above.
C.
Electric vehicle charging station suggested standards. Parking facilities should be designed and built to meet the following requirements within all multifamily residential (7+ units), commercial, industrial, and institutional districts:
(1)
Suggested applicability. The requirements of this subdivision should be considered:
(a)
Where six or more parking spaces are being provided for multifamily (3+ units) residential uses, at least 2% of all spaces should have an EVCS.
(b)
Where six or more parking spaces are being provided for commercial and industrial uses, should provide EVCSs for at least 2% of the total number of employees estimated at the time of site plan approval. Examples include:
[1]
Manufacturing;
[2]
Restaurants;
[3]
Retail;
[4]
Service business; or
[5]
Warehousing and storage.
(c)
Where parking is being provided for certain uses where people park vehicles in excess of two hours, at least 10% of all spaces should have an EVCS. Examples of such uses include:
[1]
College, university or similar institutions of higher learning;
[2]
Hotel, inn, motel;
[3]
Hospital and health clinic;
[4]
Professional or medical office;
[5]
Parking facility, private and public;
[6]
Schools, arts, technical or trade.
(d)
Handicap-accessible stations. Accessible charging stations should be provided if more than three installed EVCSs exist.
D.
EVCS siting and design standards.
(1)
Electric vehicle charging stations (EVCS) may be permitted as an accessory use in all residential, commercial, industrial, and public/institutional districts, including mixed use PUDs, when in compliance with the standards and development criteria outlined in this section.
(2)
If an EVCS(s) is proposed as the principal use, or an EVCS Facility (EVCSF), the proposal shall be subject to the review requirements for an automobile filling service station, as permitted under Article V.
(3)
Proposed locations shall be identified on a site plan and reviewed by the Building Inspector and other Town departments, as necessary, for compliance with all applicable Town requirements. If the Building Inspector determines that the proposal significantly alters a previously approved plan, the proposal shall be forwarded to the Plan Commission for review and approval.
(4)
For the purposes of this section, "an EVCS" shall mean a public or private parking space that is served by battery charging station equipment for the purpose of transferring electric energy (by conductive or inductive means) to a battery or other energy storage device within an electric vehicle.
(a)
An EVCS shall be an accessory use to the main use of the property.
(b)
An EVCS shall be either a Level 2 or Level 3 charger. If a charging station has more than one port, each port shall count as a charging station.
(c)
The required parking space dimensions for an EVCS are a minimum of 10 feet wide by 20 feet long when new spaces are installed for such use.
(d)
The charging station/equipment shall be protected by wheel stops or bollards to prevent crash hazards.
(e)
Each parking space designated for an EVCS shall be clearly marked as reserved for electric vehicles and EV charging uses only.
(f)
Charging station equipment shall not exceed eight feet in height.
(g)
Overhead canopies are permitted as long as they are constructed out of traditional permanent materials and meet Building Code requirements; temporary type structures/materials are not permitted.
(h)
The location, legend, and mounting height details for any proposed electric vehicle parking sign shall be included on the plans and submitted with the building permit application.
(i)
An electrical permit shall be required as part of building permit application prior to installation.
(j)
Any branding or advertising located on the charging station shall be limited to the manufacturer's information and vehicle compatibility information and not for advertising of the business or site on which the EVCS is located unless the EV charger is attached to the building. There shall be no appurtenances attached to the charger other than what is necessary for operation.
(k)
All proposed lighting shall be in conformance with the lighting requirements outlined in § 525-47, Outdoor lighting. Security cameras are recommended.
(l)
Any landscaping impacted by the installation of an EVCS shall be replaced.
(m)
The EVCS shall comply with the current National Electric Code (NEC) standards and shall be inspected once a year. Proof of inspection shall be made available to the Town upon request.
(n)
When proposed in a residential district, EVCSs shall only be permitted for occupants or patrons of the lot on which the EVCS is located and shall not be used for commercial purposes, unless allowed and properly permitted.