Chesterfield Township
City Zoning Code
City Zoning Code
ARTICLE XX
Solar Energy Facilities or Structures
§ 130-144 Standards for solar energy facilities or structures.
A.
General provisions. The following general requirements shall apply to all solar energy facilities or structures and/or commercial facilities, regardless of whether they are conditional uses or conditional accessory uses.
(1)
Solar energy facilities or structures shall be permitted to be ground mounted and/or mounted to principal and accessory structures and buildings.
(2)
Solar energy facilities or structures shall not exceed a ratio of one to five (1:5) for the area which the facility is constructed and installed versus the total size of the property. In the event solar energy facilities or structures are constructed and installed on an area of 10 acres or greater, the solar energy facilities or structures shall be deemed a principal use. Solar energy facilities or structures which are deemed a principal use shall only be permitted in the Office Park (OP) District as set forth in Subsection D below.
(3)
All roof-mounted solar energy facilities or structures shall be accessory uses.
(4)
Solar energy facilities or structures shall not count in the calculation of maximum lot coverage or maximum impervious coverage, unless the area under the solar energy facilities or structures (excluding the footings) consists of an impervious material, such as pavement or concrete. Nevertheless, the design of the solar energy facilities or structures shall comply with all Township, county and state stormwater, grading, and soil disturbance rules and regulations.
(5)
Ground-mounted solar energy facilities or structures covering an area greater than 400 square feet face shall provide one or more of the following beneath the structures: meadow grasses or agricultural area for crops or grazing farm animals. They shall not be allowed to store any material under the panels regardless of size. However, to the extent that ground-mounted solar energy facilities or structures are installed over an existing impervious surface, such as concrete or asphalt, the provisions of this Subsection A(5) shall not apply to such solar energy facilities or structures.
(6)
Site disturbance, including, but not limited to, grading, soil removal, excavation, and soil compaction, including beneath ground-mounted solar energy facilities or structures, shall be minimized to the extent practical.
(7)
Except as noted in Subsection A(5) above, mounting of solar energy facilities or structures shall minimize impervious surfaces except for concrete footings or other support systems.
(8)
Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and associated soil compaction. Existing roadways need not be modified unless required for emergency vehicle access. Any roadways shall be constructed to ensure appropriate turning radii for the then existing largest emergency vehicle utilized in the Township.
(9)
Applicants are encouraged to enter into solar easements with neighboring property owners in order to ensure continued access to sunlight for solar energy facilities or structures.
(10)
All solar energy facilities or structures, including but not limited to associated electrical control equipment, wiring, and similar equipment shall be labeled and secured to prevent unauthorized access or tampering. This provision shall not be construed to limit or amend any stricter requirements in the Uniform Electrical Code.
(11)
Except to the extent that signs are permitted for the principal use of the property, there shall be no signs that are visible from any public road posted on any property where solar energy facilities or structures are located or on any associated buildings or structures, except for any required manufacturer's or installer's identification, appropriate warning signs, or owner identification.
(12)
Zoning and construction permits shall be required in all zones. A permit issued pursuant to this article shall expire if:
(13)
Except as otherwise provided herein, commercial solar energy facilities are prohibited in all zoning districts.
(14)
Installation of solar energy facilities or structures or commercial facilities is specifically limited in: i) the AG Agricultural Zone; and ii) on any farmland that is subject to either a farmland preservation restriction or has alienated its TDR credits pursuant to the TDR program. Preserved farms and farms that have alienated their TDR credits shall be treated the same for the purposes of this chapter. Pursuant to state law, farms noted in i) and ii) above are permitted to install solar energy facilities or structures or commercial facilities, provided such solar energy facilities or structures or commercial facilities occupy no greater than 1% of the land area of such farm; and generate no more than 110% of the energy needs of such farm. Farms described in i) and ii) above shall comply with all other regulations set forth in this chapter.
(15)
Height. The installation of solar energy facilities or structures shall not exceed the height limitation for principal or accessory structures in the zone.
(16)
Mounting. Solar energy facilities or structures shall be mounted no more than 12 inches above any roof surface.
B.
Site plan required.
(1)
No site plan. Roof-mounted solar energy facilities or structures that are conditionally permitted accessory uses and comply with all conditions shall not require a site plan, unless the parcel is located in the Planned Village Development, Village, or Commercial Districts, in which case they shall require minor site plan approval prior to obtaining a zoning permit.
(2)
Minor site plan. Roof-mounted solar energy facilities or structures that do not comply with all conditions of this chapter, and ground-mounted solar energy facilities or structures contained within an area of 400 square feet (measured by the face of the array, including the aggregate area of multiple solar energy facilities or structures) to 10,000 square feet, shall require minor site plan approval prior to obtaining a zoning permit.
(3)
Major site plan. All commercial solar energy facilities and solar energy facilities or structures greater than 10,000 square feet shall require preliminary and final site plan approval prior to obtaining a zoning permit.
(4)
In addition to those items required for an application to be deemed complete, a site plan application shall depict the following:
(a)
Location of proposed and existing overhead and underground utility and transmission lines.
(b)
Location of any proposed or existing substations, inverters or transformers.
(c)
Detailed plan of the interconnection to the electrical system of the intended energy user.
(d)
Description of any necessary upgrades or modifications to existing substations or the necessity for a new substation. For projects over 2 MW, the location and elevations of all transmission lines, support structures and attachments to a substation(s). Proof of initiation and current stage (i.e., feasibility study, system impact study, interconnection facilities study, or executed interconnection service agreement and construction service agreement) of the PJM Generation Interconnection Planning Review Process shall be provided for any projects over 2 MW along with copies of executed interconnection service agreement and construction service agreement if available.
(e)
Location and condition of existing hedgerows and vegetated windbreaks.
C.
Permitted as conditional accessory uses in the AG, R-1 and Village Zones.
(1)
Subject to the conditions set forth in this section and to site plan approval, except as otherwise provided below, solar energy facilities or structures shall be permitted as conditional accessory uses in the AG Agricultural District, R-1 Residential District, and Village Zones (Village District, Commercial District and Planned Village Development).
(2)
Conditional accessory use standards.
(a)
Solar energy facilities or structures shall be mounted no more than 12 inches above any roof surface.
(b)
The installation of solar energy facilities or structures shall not exceed the height limitation for principal or accessory structures in the zone.
(c)
Solar energy facilities or structures installed to service a single-family residential dwelling shall be restricted to a size justified by historic energy use records.
[Amended 5-24-2018 by Ord. No. 2018-4]
(d)
Where ground-mounted solar energy facilities or structures are permitted, they shall be no higher than 10 feet off the ground at their highest point, including the highest point of a tilted panel for solar energy facilities or structures that track the sun.
D.
Permitted as conditional principal uses.
(1)
Subject to the conditions set forth in this section and to site plan approval, except as otherwise provided below, solar energy facilities or structures shall be permitted as conditional principal uses in the OP Office Park District.
(2)
Conditional principal use standards.
(a)
The following setbacks shall apply to ground-mounted solar energy facilities or structures.
[1]
Front yard: 100 feet, or not less than 200 feet where a lot abuts a residential use or district;
[2]
Side yard: 50 feet, or not less than 100 feet where a lot abuts a residential use or district;
[3]
Rear yard: 50 feet, or not less than 100 feet where a lot abuts a residential use or district.
[4]
Substations shall be set back a minimum of 150 feet from a property line.
(b)
The following minimum screening requirements shall be met. However, notwithstanding the minimum requirements, the applicant shall demonstrate, to the satisfaction of the Planning Board, that the proposed screening provides an impervious visual screen of the solar energy facilities or structures from neighboring properties. Additional screening may be needed to meet this requirement.
[1]
A one-hundred-foot wide visual screen shall separate solar energy facilities or structures from properties in residential zone districts, a one-hundred-foot wide visual screen shall separate solar energy facilities or structures from public roads and a fifty-foot wide visual screen shall separate solar energy facilities or structures from properties in a nonresidential zone district. Plantings shall have a minimum height of eight feet when planted.
[2]
Screening shall consist of one or a combination of plantings, fence and/or earthen berm.
[3]
Substations shall be screened with a double row of evergreen plantings with a minimum height of eight feet when planted.
[4]
The applicant shall rely upon existing vegetation, including existing hedgerows or windbreaks that provide screening, to the maximum extent practical.
(3)
Preliminary and final site plan approval shall be required.
(4)
Compliance with all provisions governing roof- and ground-mounted solar energy facilities or structures set forth in this chapter.
(5)
The principal use and building shall satisfy all zoning bulk standards, including lot size, setbacks and floor area ratio for the OP Office Park District, unless a stricter standard is set forth herein, in which case it shall comply with the stricter standard.
(6)
Except as provided in § 130-144A(14), commercial facilities are specifically prohibited in the AG Agricultural Zone and on any farmland that is subject to either a farmland preservation restriction or has alienated its TDR credits pursuant to the TDR program.
E.
Regulations governing roof-mounted solar energy facilities or structures.
(1)
Roof-mounted solar energy facilities or structures shall be mounted parallel and flat to the roof angle and shall not exceed a height of 12 inches above the roofline. Notwithstanding, solar energy facilities or structures shall not exceed the maximum building height in the Zone District.
(2)
Single-family detached homes. Solar energy facilities or structures shall be a conditionally permitted accessory use to a single-family detached home in all zoning districts permitting single-family detached homes subject to the following:
(a)
Solar energy facilities or structures shall be mounted flat and parallel to the roof of the principal structure, no more than 12 inches above the existing roof surface.
(b)
In no event shall solar energy facilities or structures exceed the permitted height of the zone.
(c)
All frames and support structural elements shall be painted black.
(d)
Solar energy facilities or structures may be attached to any accessory building that satisfies zoning location, setback and height requirements for the zone. However, in no event shall solar energy facilities or structures be attached to more than two accessory buildings on a single lot. No solar energy facilities or structures shall cause an accessory building to become nonconforming in terms of height or setback requirements.
(e)
Solar energy facilities or structures may not be attached or mounted to fences, walls, or the like.
(f)
Solar energy facilities or structures shall not be located facing any front right of way where alternative options exist.
(g)
Where a property fronts on two streets, for the purposes of this section only, the street upon which the properties front door faces shall be considered the front and the property owner may install solar energy facilities or structures on the roof that does not face the front.
(h)
Solar energy facilities or structures located within the Historic and Village districts shall be required to submit an application for a Certificate of Appropriateness to the Chesterfield Township Historic Preservation Commission.
[Amended 6-23-2022 by Ord. No. 2022-9]
(3)
Attached housing.
(a)
Solar energy facilities or structures are prohibited on fee-simple townhouse lots in developments lacking a homeowners' association with a design-approval function.
(b)
Solar energy facilities or structures are permitted accessory uses and structures in condominium complexes, apartment complexes and on fee-simple townhouse lots in developments with a homeowners' association with a design-approval function, in accord with all conditional accessory use requirements and standards governing single-family detached homes set forth above. Such solar energy facilities or structures are permitted subject to written pre-approval of the homeowners' association, condominium association or apartment association.
F.
Regulations governing ground-mounted solar energy facilities or structures.
(1)
Ground-mounted solar energy facilities or structures shall not be located in the front yard with a principal structure on site in any zone. If no principal structure exists, then it shall have a front yard setback of 200 feet along with appropriate buffering.
(2)
The gross area of ground-mounted solar energy facilities or structures, including the aggregate area of multiple solar energy facilities or structures, which are greater than 400 square feet shall meet the following screening requirements. The applicant shall demonstrate, to the satisfaction of the Planning Board, that the proposed screening provides an impervious visual screen of the solar energy facilities or structures from neighboring properties. Additional screening may be needed to meet this requirement.
(a)
A solid fifty-foot wide impervious visual screen of evergreen and shrub plantings, fence, berm or combination thereof shall be provided along property lines shared with a residential zone district and rights-of-way.
(b)
The minimum height of the screening shall meet the height of the solar panels.
(c)
Existing vegetation shall be retained to the extent practical.
(d)
Sun reflection from the solar energy facilities or structures on to adjacent properties shall be mitigated and buffer plantings shall be located in a manner to reduce the potential impacts.
G.
Abandonment.
(1)
Solar energy facilities or structures that are out of service for a continuous eighteen-month period will be deemed to have been abandoned.
(2)
The Planning Board may require as a condition of final site plan approval that a deed restriction be filed and/or bond be posted to mandate/fund the removal of the solar energy facilities or structures if operations have been discontinued for 18 months.
(3)
Upon abandonment, the Zoning Officer or designee may issue a notice of abandonment to the owner. The notice shall be sent via regular and certified mail, return receipt requested, to the owner of record.
(4)
The landowner shall have 30 days to respond with documentation to demonstrate that the solar energy facilities or structures have not been abandoned. If such documentation is provided and is deemed acceptable to the Zoning Officer, then he or she may withdraw the notice.
(5)
Abandoned solar energy facilities or structures shall be removed at the owner's sole expense within six months after the owner receives the notice of abandonment from the municipality. If removed by the owner, a demolition permit shall be obtained and the solar energy facilities or structures and or any related materials shall be removed from the site and properly disposed. Upon removal, the site shall be cleaned, restored and revegetated to its prior condition.
(6)
If solar energy facilities or structures are not removed by the owner within six months of receipt of notice from the Township that the solar energy facilities or structures have been deemed abandoned and removal is required, the Township may unilaterally remove the solar energy facilities or structures and place a lien upon the property for the cost of removal in the same manner as set forth in Chapter 152 governing property maintenance.