Somers City Zoning Code
CHAPTER ZN
9 Solar Energy Systems
§ ZN 9.01 PURPOSE AND INTENT.
§ ZN 9.02 DEFINITIONS.
The definitions set out below shall apply to this Chapter ZN 9 and shall control with respect to solar energy systems in the event of any inconsistency between these definitions and the definitions set forth in this chapter.[1]
(1)
SOLAR ENERGY SYSTEM — Equipment that directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy. A solar energy system is either solar for individual users or a solar farm as defined in this Chapter ZN 9. A solar energy system includes solar collectors, frames, supports and any mounting hardware, battery storage equipment, converters or invertors.
(2)
SOLAR FARM — A solar energy system that generates enough electricity to serve many customers by wholesale or retail sale and not primarily for consumption on the property on which the system is located. The solar collectors are ground mounted on open land near an existing substation or electric transmission infrastructure.
(3)
SOLAR ENERGY SYSTEM FOR INDIVIDUAL USERS — Solar energy system that generates electricity for the individual property owner, with either building-mounted or ground-mounted solar collectors, as opposed to a solar farm which generates enough electricity to serve many off-site customers.
(4)
SOLAR COLLECTOR — A device that absorbs solar energy for use in the collector's energy transformation process.
§ ZN 9.03 PERMIT REQUIRED.
No person shall construct, repair, replace, install, enlarge, or alter any solar energy system, as defined by this Chapter ZN 9, unless a valid permit for said system has first been issued pursuant to this Chapter ZN 9 and such permit has neither expired nor been suspended or revoked. If work has commenced or is completed without proper permits, the Village may take the appropriate action to prosecute the violation of this chapter. Please review the other provisions of this chapter for additional information related to a zoning permit, including but not limited to preconditions, application requirements, incomplete applications, approval or denial of an application, issuance of a permit, binding nature of application, acceptance of permit conditions, time limits, assignment, inspections required, suspension, revocation or voiding a permit, circularity, plan changes, plans on file, invalid permits and disclaimer.[1]
§ ZN 9.04 STANDARDS FOR SOLAR ENERGY SYSTEM FOR INDIVIDUAL USERS.
(1)
A building-mounted system in any Agricultural, Residential or Upland Conservancy Zoning District shall meet the following requirements:
(a)
The solar energy system shall not extend more than six inches from the original exterior perimeter of a principal or accessory building except as provided in Subsection (1)(b) below.
(b)
If the roof pitch is 2/12 or less, then the system shall not extend more than 18 inches from the original exterior perimeter of the principal or accessory building.
(c)
The solar energy system shall not extend beyond the exterior perimeter of the building roof or wall.
(d)
Any ground-mounted battery storage, converter or invertor shall be located inside a building; or located in the side, rear, rear street yards with proper screening as approved by the Village Administrator.
(e)
The Village is not responsible to remove or force the removal of any structures or vegetation on adjacent properties that may exist at the time of installation or may be constructed/installed in the future to block any portion of the solar system.
(2)
A building-mounted system in any Business, Manufacturing, Institutional or Park-Recreational Zoning Districts shall meet the following requirements:
(a)
The solar energy system shall not extend more than six inches from the original exterior perimeter of a principal or accessory building except as provided in Subsection (2)(b) below.
(b)
If the roof pitch is 2/12 or less, then the solar energy system shall not extend to a height that exceeds the height of an existing parapet wall or other screening as approved by the Village Administrator that screens the system from view from the adjacent right-of-way. A sight line plan is required to be submitted for review.
(c)
The solar energy system shall not extend beyond the original exterior perimeter of the principal or accessory building.
(d)
Any ground-mounted battery storage, converter or invertor shall be located inside a building; or located in the side, rear, rear street yards with proper screening as approved by the Village Administrator.
(e)
The Village is not responsible for the removal or forcing the removal of any structures or vegetation on adjacent properties that may exist at the time of installation or that may be constructed/installed in the future to block any portion of the solar system.
(3)
A ground-mounted system in any district shall meet the following minimum requirements:
(a)
Capacity of the system shall not exceed seven kilowatts in rated capacity for properties that are one acre or less in area.
(b)
Capacity of the system shall not exceed 15 kilowatts in rated capacity for properties more than one acre.
(c)
Height shall not exceed 10 feet when oriented at maximum tilt. The grades that surround the system shall not be artificially elevated to bring in fill as to elevate the system higher than the existing grades on the property.
(d)
Shall not be located within a front street yard or side street yard as measured from the furthest extent of the solar collector at full tilt parallel to the ground.
(e)
Minimum setback requirements as measured from the furthest extent of the solar collector at full tilt parallel to the ground:
(f)
Shall not be located within the 100-year floodplain as measured from the furthest extent of the solar collector at full tilt parallel to the ground.
(g)
Landscaping and/or screening will be required to screen the system from adjacent properties and public rights-of-way as approved by the Village Administrator on a case-by-case basis.
(h)
All electrical wires associated with the solar energy system, other than wires necessary to connect the system, grounding wires, etc., shall be located underground.
(i)
Shall be installed and securely attached to the ground pursuant to the manufacturer's requirements.
(j)
Land under and surrounding the system shall be properly manicured and maintained.
(k)
Any ground-mounted battery storage system, converter or invertor shall be located inside a building; or located in the side, rear, rear street yards with proper screening as approved by the Village Administrator.
(l)
The Village is not responsible to remove or force the removal of any structures or vegetation on adjacent properties that may exist now or that may be constructed/installed in the future to block any portion of the solar energy system.
§ ZN 9.05 ASSESSMENT.
A solar farm shall be assessed to the extent required by law.
§ ZN 9.06 MONETARY OBLIGATIONS.
A solar farm shall pay as applicable the public utility distribution, license fee, state taxation, and other monetary obligations as and to the extent required by law.
§ ZN 9.07 NOTIFICATION OF TRANSFER OR SALE.
The Village Administrator shall be notified, in writing, within 60 days of any ownership transfers or sales of a solar farm.
§ ZN 9.08 LICENSING.
All solar farms are required to obtain a Village business license pursuant to this chapter.
§ ZN 9.09 ABANDONMENT, REMOVAL AND SECURITY FOR REMOVAL.
(1)
Abandonment. When a solar energy system is no longer in operation or producing energy, the owner shall notify the Village Administrator in writing. Any solar energy system that has not operated for a continuous period of 12 months shall be considered abandoned. Time may be extended upon review and approval of the Village Administrator.
(2)
Removal. It is the expressed policy of the Village and this Chapter ZN9 that a solar energy system be removed once it is no longer in use and not a functional part of providing the intended energy and the site or building restored as necessary.
(3)
Security for Removal. The owner of a solar farm shall provide to the Village, prior to issuance of a solar farm permit, a performance bond or a surety bond equal to a written estimate to remove the solar farm when the system is no longer in operation. The Village will be named as the obligee in the bond and the Village shall approve the bonding company and the bond format.
§ ZN 9.10 LIMITATIONS UPON AUTHORITY.
The Village review and action in the matter shall be subject to the limitations imposed by § 66.0401, Wis. Stats. In the event the applicant believes the Village has exceeded its authority in this regard, the applicant shall notify the Village and the Village may reconsider the matter. In that event, the applicable permit authority of the Village may modify the requirements of this Chapter ZN9 as applied to that application, on a case-by-case basis if, and only to the extent, such modification is necessary to ensure that applicable laws are followed. This Chapter ZN9 is intended to allow case-by-case consideration of the standards of § 66.0401(1m), Wis. Stats., as needed.