Killingworth City Zoning Code
ARTICLE XXX
Solar Energy Systems
[Added 11-1-2016[1]]
[1]
Editor's Note: This enactment also repealed former Art. XXX, Conditions of Certain Special Exceptions. See now § 500-152.1, General conditions.
§ 500-187 Purpose.
The purpose of this article is to provide for the regulation of the construction and operation of solar energy facilities in the Town of Killingworth, subject to reasonable conditions that will protect the environment, public health, safety, and welfare.
§ 500-187.1 Definitions.
As used in this article, the following terms shall have the meanings indicated:
SMALL SOLAR ENERGY SYSTEM
A solar energy collection system that is accessory to the principal use on the lot and interconnected to the local utility electrical grid on the customer's side of the electric meter, generates electricity for direct consumption on the subject property to offset electricity purchased from the local electric distribution company, and performs in accordance with current state net-metering laws.
SMALL SOLAR ENERGY SYSTEM, GROUND-MOUNTED
A small solar energy collection system where solar panels are mounted onto a pole, rack or suitable foundation attached to the ground.
SMALL SOLAR ENERGY SYSTEM, ROOF-MOUNTED
A small solar energy collection system that is installed upon or is part of the roof of a building or structure located on the subject property. Systems integrated as awnings or attached to the roofs of porches, sheds, carports and covered parking structures also fall under this category.
§ 500-187.2 Small-scale solar energy systems.
Small solar energy systems include ground- and roof-mounted systems.
A.
Energy. The energy generated by a small solar energy system shall be used for direct consumption on the subject property and be interconnected to the electric utility power grid to offset energy use on the subject property in accordance with current state net-metering laws.
B.
Construction. The construction of the small solar energy system shall be in accordance with an approved building permit application. If the small solar energy system is to be interconnected to the local utility power grid, a copy of the notification from the local electric distribution company (EDC) that the EDC has received a complete interconnection request ("application").
C.
Appearance, color, and finish. The small solar energy system shall remain painted or finished the color or finish that was originally applied by the manufacturer.
D.
Signs. All signs, other than the manufacturer's, or installer's identification, appropriate warning signs, or owner identification, on a small solar energy system shall be prohibited. Installers and/or developers are limited to one sign indicating their role in the system installation.
E.
Code compliance. A small solar energy system shall comply with all applicable construction and electrical codes.
F.
Emergency services. The solar energy system owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local fire marshal. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar energy system shall be clearly marked.
G.
Removal. All obsolete or unused systems shall be removed within 12 months of cessation of operations without cost to the Town. System components should be reused or recycled whenever possible.
§ 500-187.3 Roof-mounted small solar energy systems.
A.
Roof-mounted small solar energy systems are permitted in all districts subject to a zoning administrative permit issued by the Zoning Enforcement Officer.
B.
Roof-mounted small solar energy systems shall include integrated solar shingles, tiles, or panels as the surface layer of the roof structure with no additional apparent change in relief or projection (the preferred installation), or separate flush or rack-mounted solar panels mechanically fastened to and/or secured with ballast on the roof surface.
C.
Separate flush or rack-mounted small solar energy systems installed on the roof of a building or structure shall not:
(1)
Project vertically more than four inches above the peak of the sloped roof to which it is attached; or
(2)
Project vertically more than five feet above a flat roof installation.
D.
It shall be demonstrated that the placement of the system shall not adversely affect safe access to the roof, pathways to specific areas of the roof, and safe egress from the roof.
E.
Any glare generated by the system must be mitigated or directed away from an adjoining property or adjacent road when it creates a nuisance or safety hazard.
F.
Rooftop panels shall be configured in a square or rectangular pattern.
§ 500-187.4 Ground-mounted small solar energy systems.
A.
Ground-mounted small solar energy systems are permitted in all districts only when specifically authorized in the particular instance by site plan approval by the Commission, subject to the conditions prescribed in or pursuant to Article XXVI of these regulations.
B.
Setbacks.
(1)
In all districts, ground-mounted small-scale solar energy systems shall be placed so that no individual component is closer than 30 feet from the rear lot line and 50 feet from side lot lines. Ground- or pole-mounted solar energy systems shall only be allowed in the rear or the side yard behind the front building line.
(2)
In Commercial and Industrial Districts, ground-mounted small-scale solar energy systems shall be screened from adjoining residential districts by arborvitae or similar evergreen hedge planted six feet on center located on the outside of the perimeter fence. The Commission may allow additional or alternative screening methods such as berms and opaque fencing or the use of existing vegetation when it is determined that such alternatives are more appropriate for the particular site.
(3)
For small-scale solar energy systems that swivel, rotate, or are otherwise capable of movement in any plane, the system shall be located such that at no point of rotation or movement shall the systems be closer to the lot line than specified in this section.
C.
Height. The total height of the solar energy system, including any mounts, shall not exceed 15 feet above the finished grade at maximum height.
D.
Panels shall be mounted onto a pole, rack or suitable foundation in accordance with manufacturer specifications in order to ensure the safe operation and stability of the system. The mounting structure (fixed or tracking capable) shall be comprised of materials approved by the manufacturer, which are able to fully support the system components and withstand adverse weather conditions.
E.
Multiple mounting structures shall be spaced apart at the distance recommended by the manufacturer to ensure safety and maximum efficiency.
F.
Any electrical wiring used in the system shall be underground (trenched) except where wiring is brought together for interconnection to system components and/or the local utility power grid.
G.
Land clearing and soil erosion impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the ground-mounted solar energy system.
H.
No ground-mounted small solar energy system shall be affixed to a fence.
