Sparta Township City Zoning Code
SOLAR ENERGY
SYSTEMS SES
§ 154.320 PURPOSE.
The township desires to promote the effective and efficient use of solar energy systems (SES) subject to reasonable regulations. It is the intent of the township to permit these systems under certain circumstances by regulating the siting, design and installation of such systems to protect the public health, safety, and welfare, and to ensure compatibility of land uses in the vicinity of solar energy systems.
(Ord. 2020-01 passed - -2020)
§ 154.321 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ARRAY. Any number of electrically connected photovoltaic (PV) modules providing a single electrical output.
BUILDING INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMS. A solar energy system that consists of integrating photovoltaic modules into the building structure, such as the roof, wall or the facade, and which does not alter the relief of the roof.
GROUND-MOUNTED SOLAR ENERGY SYSTEM. A solar energy system that is installed directly in the ground and is not attached or affixed to an existing building or similar structure.
ONSITE SOLAR SYSTEM. A solar energy system mounted on a building or on the ground and located on a parcel containing a principal use. An onsite solar system is considered an accessory use of the parcel and provides its electricity or heat only to uses on the parcel.
PHOTOVOLTAIC (TV) SYSTEMS. A solar energy system that produces electricity by the use of semiconductor devices, called photovoltaic cells, which generate electricity whenever sunlight strikes them.
ROOFTOP SOLAR SYSTEM. A solar energy system in which solar panels are mounted on top of a roof, either as a flush-mounted system or as modules fixed to frames which can be tilted.
SOLAR ACCESS. The right of a property owner to have sunlight shine onto the property owner’s land.
SOLAR COLLECTOR. A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
SOLAR ENERGY SYSTEM (SES). Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation, and distributed. Solar systems include solar thermal, photovoltaic, and concentrated solar. This definition does not include small devices or equipment such as solar powered lawn or building lights which house both the solar energy generation system and the system which uses that energy to operate.
SOLAR FARM. A solar energy system which is the principal use of a parcel and which is designed and constructed to produce electrical energy for sale back into an electrical energy grid system and not consumed on site.
SOLAR PANEL. A device for the direct conversion of solar energy into electricity.
SOLAR-THERMAL SYSTEMS. A system, which through the use of sunlight, heats water or other liquids for such purposes as space heating and cooling, domestic hot water or heating pool water.
WALL-MOUNTED SOLAR ENERGY SYSTEM. A solar energy system that is installed flush to the surface of the wall of a permanent building.
(Ord. 2020-01 passed - -2020)
§ 154.322 GENERAL REQUIREMENTS FOR SOLAR ENERGY SYSTEMS.
(A) This section applies to solar energy systems to be installed and constructed after the effective date this section.
(B) Lawful solar energy systems constructed prior to the effective date of this section shall not be required to meet the requirements of this section; provided that any structural change, upgrade or modification to an existing solar energy system that materially alters the size, location or placement of such system shall comply with the provisions of this section.
(C) The granting of any permit for a solar energy system does not constitute solar access rights.
(D) A solar energy system shall be constructed and placed so it does not create a glare for persons off site.
(E) A solar energy system shall be properly maintained at all times. Such maintenance shall include measures to maintain the original appearance of each structure, ensuring that the solar panels do not leak and that the ground cover beneath the panels does not become a visual nuisance.
(F) Solar energy systems shall be installed, maintained, and used only in accordance with the manufacturer’s directions. A copy of such directions shall be submitted to the township prior to installation.
(G) Solar energy systems, and the installation and use thereof, shall comply with the township Building Code and the landowner shall obtain all applicable county, state and federal permits.
(H) Any SES that is not operated for a continuous period of nine months as determined by the township shall be considered abandoned or non-functional and subject for removal. Upon a determination by the township that a SES should be decommissioned and within 90 days of receipt of written notification from the township, the owner/operator shall begin to remove the SES from the site and proceed promptly toward completion in accordance with the approved decommissioning plan.
(Ord. 2020-01 passed - -2020)
§ 154.323 REQUIREMENTS FOR ROOFTOP AND WALL MOUNTED SES.
(A) Roof and wall mounted SES are a permitted use in all zoning districts and are subject to review and approval by the Zoning Administrator. Applicants shall submit an accurate sketch plan to the Zoning Administrator providing the location of the building, location of the SES, the height of the SES including a data sheet and installation instructions from the equipment manufacturer and other information as requested by the Zoning Administrator. The applicant shall provide information on the type of solar panel to be used and any hazardous chemicals contained in the solar panels and measures to prevent leakage.
(B) A roof mounted SES shall not project more than five feet above the highest point of the roof, and in any case, shall not exceed the maximum building height limitation for the zoning district in which it is located, and shall not project beyond the eaves of the roof.
(C) Each roof and wall mounted SES shall be securely and safely attached to a building or structure. Proof of the safety and reliability of the means of such attachment shall be submitted to the Zoning Administrator prior to installation along with information that the roof is capable of supporting the equipment. Such proof shall be subject to the Zoning Administrator’s approval.
(D) Each wall-mounted SES shall not exceed the height of the building wall to which it is attached.
(E) Each wall-mounted SES shall not be mounted on a building wall that faces upon a public or private street.
(Ord. 2020-01 passed - -2020)
§ 154.324 LEVEL 1 ONSITE GROUND MOUNTED SES.
A Level 1 Onsite Ground Mounted Solar Energy System is allowed in all zoning districts as a permitted accessory use subject to review and approval by the Zoning Administrator according to the following requirements.
(A) Occupancy. A Level 1 Onsite Ground Mounted Solar Energy System shall not occupy an area greater than 5,000 square feet in size.
(B) Sketch plan.
(1) Applicants shall submit an accurate sketch plan to the Zoning Administrator illustrating property lines of the parcel, buildings on the parcel, the proposed setbacks and height of the SES including a data sheet from the equipment manufacturer and other information as requested by the Zoning Administrator. Information on the visual impact of the proposed solar farm using photos or computer-generated images of the project on the site to demonstrate the appearance of the project from off site.
(2) The applicant shall also provide information on the type of solar panel to be used and any hazardous chemicals contained in the solar panels and measures to prevent leakage.
(C) A ground mounted SES is an accessory structure. A ground mounted SES is permitted on the same lot as an accessory building but shall not count as one of the permitted accessory buildings allowed by § 154.252(E) of this chapter. The combined area of an accessory building and SES shall not exceed the total square footage allowed by 154.252(E) of this chapter. For example, for a lot of one acre or less, the total area occupied by the permitted accessory building and a ground mounted SES shall not exceed 1,200 square feet. The area occupied by the SES shall be measured around the outside boundaries of the solar panels not the solar panel supports.
(D) Setbacks. A ground mounted solar energy system shall only be located in the side and rear yards and shall be set back a minimum of ten feet from all lot lines and five feet from any structure.
(E) Height. The height of a SES shall not exceed ten feet above natural grade at the time of project approval, as depicted on the sketch plan. The height shall be measured from the highest point of the panel when oriented at its maximum tilt to the ground immediately below the panel.
(Ord. 2020-01 passed - -2020)
§ 154.325 LEVEL 2 ONSITE GROUND MOUNTED SES.
A Level 2 Onsite Ground Mounted Solar Energy System (SES) occupies an area greater than a Level 1 Onsite Solar Energy System and is allowed in all zoning districts as an accessory use subject to review and approval of a Special Use Permit by the Planning Commission in accordance with the requirements and procedures of §§ 154.185 through 154.194 of this chapter and also the following requirements.
(A) Occupancy. A Level 2 Ground Mounted SES shall not occupy an area greater than five acres in size.
(B) Setbacks. A ground mounted solar energy system shall only be located in the side and rear yards and shall comply with the setback requirements for principal buildings for the zoning district in which the SES is located and shall be five feet from any structure. On a corner lot, the SES shall comply with the setback requirements for accessory buildings and shall be five feet from any structure.
(C) Height. A ground mounted SES shall not exceed a height of 14 feet above natural grade at the time of project approval, as depicted on the site plan. The height shall be measured from the highest point of the panel when oriented at its maximum tilt to the ground immediately below the panel.
(D) Visual impact. Information on the visual impact of the proposed solar farm using photos or computer-generated images of the project on the site to demonstrate the appearance of the project from off site.
(E) Electrical interconnections. All electrical interconnection or distribution lines shall comply with all applicable codes. The applicant shall provide evidence to the township of approval from the applicable utility company.
(F) Pavement. The portion of the premises on which the array of collector panel structures is located shall not be paved with asphalt or any other surface material that is impervious to rainwater.
(G) Plantings. Plantings shall be installed around the perimeter of the parcel or parcels containing the SES. One deciduous or conifer tree for every 25 feet of property line length is required. The Planning Commission may modify the landscaping requirement depending upon the location of existing plant material on the site or if additional plantings are needed to buffer existing land uses. Trees shall be a minimum of four feet tall when planted and remain in good condition for the life of the project.
(H) Above ground transmission lines. Use of above ground transmission lines for the SES shall be prohibited within the site.
(I) Type of panel. The applicant shall provide information on the type of solar panel to be used and any hazardous chemicals contained in the solar panels and measures to prevent leakage.
(J) Decommissioning plan. A decommissioning plan shall be provided as required by subsection.
(K) Kept and maintained in good repair and condition. Every SES must be kept and maintained in good repair and condition at all times and shall not pose a potential safety hazard. The applicant shall provide a written description of the maintenance program to be used to maintain the SES. For Level 2 SES, the applicant shall keep a record of all maintenance performed and repairs made to and replacement of equipment and parts. On or about the anniversary date of the approval by the Planning Commission of the Special Land Use permit, the applicant shall provide a summary of this maintenance record to the township’s Zoning Administrator.
(L) Removal cost guarantee. The cost of removal and site restoration is the full responsibility of the landowner and the applicant and/or owner/operator. In order to provide the greatest possible financial assurance that there will be sufficient funds to remove the solar energy system and to restore the site, the following steps shall be followed for Level 2 SES:
(1) For each solar energy system, the applicant/owner/operator shall determine an amount of money equal to the estimated removal and restoration cost. The Planning Commission may require independent verification of the adequacy of this amount;
(2) Such removal and site restoration obligation shall be secured by the land owner and/or the applicant filing with the township a surety bond, letter of credit, or cash deposit with language and terms acceptable to the township; and
(3) The removal cost guarantee amount shall be valid throughout the lifetime of the system, and it shall be adjusted by the applicant/land owner every five years. The Planning Commission may require independent verification of the adequacy of this amount. Bonds and letters of credit shall be extended on a regular basis with expiration dates never less than two years from the annual anniversary of special use approval.
(M) Transfer of ownership. Prior to a change in the ownership or operation of a solar energy system, including but not limited to the sale or lease of that system or the underlying property, the current land owner or operator shall provide written notice to the township at least sixty days prior to that change becoming effective. This notice shall inform the township of the intended transfer of control of the solar energy system or the underlying property, and shall include a copy of the instrument or agreement effectuating that transfer. Such an instrument or agreement shall include an express statement that the new owner or operator of the solar energy collector system or the underlying property shall not be permitted to operate that system until compliance with the terms of this chapter, including requirements for continuing security and escrow funds, has been established.
(Ord. 2020-01 passed - -2020)
§ 154.326 SOLAR FARMS.
(B) Lot size. The minimum lot size for a solar farm shall be 20 acres. A parcel containing a solar farm shall not require frontage on a public street.
(1) Proof of a lease, deed or purchase agreement for the parcel for the proposed solar farm;
(2) Type of solar panel to be used and any hazardous chemicals contained in the solar panels and measures to prevent leakage;
(3) Name and address of the manufacturer, and model of the solar panels;
(4) Expected energy output and anticipated useful life of the system, development phases, likely markets for the generated energy, and possible future expansions;
(5) Information on the visual impact of the proposed solar farm using photos or computer-generated images of the project on the site to demonstrate the appearance of the project from off site.
(6) Maintenance and construction schedule. The applicant shall provide a written description of the maintenance program to be used to maintain the SES, and the anticipated construction schedule;
(7) Digital versions of all planning and construction documents required pursuant to
(8) A decommissioning plan as required by division (D) of this section;
(9) Distance from the proposed solar farm to the nearest habitable dwelling unit on a parcel which does not contain the solar farm;
(10) A security plan detailing on-site security provisions which may include fencing, security guards, video surveillance, and similar measures;
(11) A landscaping plan illustrating the number, size, type and spacing of trees proposed to screen the solar farm from nearby roadways;
(13) The Planning Commission may waive or modify some of the above requirements at the request of the applicant if the Commission determines that those items would not be needed to properly review the project.
(D) Decommissioning: The applicant shall submit a decommissioning plan to the township which shall address all of the following:
(1) Defined conditions upon which decommissioning will be initiated (such as, end of land lease, no power production for nine months, obsolete equipment and similar circumstances);
(2) A description as to how the useful life of the system will be determined and who will make this determination;
(3) Removal of all non-utility owned equipment, conduit, structures, fencing, roads, and building foundations to a depth of three feet below grade;
(4) Restoration of property to the condition prior to development of the solar farm including measures to ensure that soils are not contaminated during decommissioning;
(5) The timeframe for completion of decommissioning activities;
(6) An engineer’s cost estimate for all aspects of the decommissioning plan;
(7) Description of any agreement with the landowner regarding decommissioning;
(8) Provisions for updating the decommissioning plan;
(9) A statement signed by the owner or operator that they take full responsibility for reclaiming the site in accordance with the decommissioning plan and the special land use permit upon cessation of use; and
(10) The Planning Commission may require that the owner or operator provide a financial guarantee to cover the costs of decommissioning the site in accordance with division (G) of this section.
(E) Additional requirements for solar farms.
(1) Safety/access. A security fence shall be placed around the perimeter of the solar farm with a locked gate. Knox boxes and keys shall be provided at locked entrances for emergency personnel access. The height and material of the fence shall be as approved by the Planning Commission depending upon the location of the facility.
(2) The facility shall be designed for interconnection to a public utility electrical power grid, and shall be operated with such interconnection. All electrical interconnection or distribution lines shall comply with all applicable codes. The applicant shall provide evidence to the township of approval from the applicable utility company. Use of above-ground transmission lines for the SES shall be prohibited within the site.
(3) The portion of the premises on which the array of collector panel structures is located shall not be paved with asphalt or any other surface material that is impervious to rainwater.
(4) Plantings shall be installed around the perimeter of the parcel or parcels containing the solar farm. One deciduous or conifer tree for every 25 feet of property line length is required. The Planning Commission may modify the landscaping requirement depending upon the location of existing plant material on the site or if additional plantings are needed to buffer existing land uses. Trees shall be a minimum of four feet tall when planted and remain in good condition for the life of the project.
(5) Setbacks. Solar panels shall be setback a minimum of 50 feet from all right of way lines and ten feet from all other lot lines except solar panels shall not be placed closer than 100 from the lot line of another parcel containing a dwelling unit. There shall be five feet between any separate structures that comprise a solar farm.
(6) Height. A ground mounted SES shall not exceed a height of 20 feet above natural grade at the time of project approval, as depicted on the site plan. The height shall be measured from the highest point of the panel when oriented at its maximum tilt to the ground immediately below the panel.
(7) Electrical Interconnections. All electrical interconnection or distribution lines shall comply with all applicable codes. The applicant shall provide evidence to the township of approval of connection from the applicable utility company.
(8) Use of above-ground transmission lines for the SES shall be prohibited within the site.
(9) Maintenance and annual summary report. Every solar farm must be kept and maintained in good repair and condition at all times and shall not pose a potential safety hazard. The applicant shall keep a record of all maintenance performed and repairs made to and replacement of equipment and parts. On or about the anniversary date of the approval by the Planning Commission of the special land use permit, the applicant shall provide a summary of this maintenance record to the township’s Zoning Administrator.
(F) Administration costs initial application and ongoing.
(1) For each solar energy system application, the applicant/owner/operator shall deposit into an escrow account with the township the amount of $5,000. The purpose of this escrow account is:
(a) To reimburse the township for its costs incurred to hire consultants and experts as the township, at its sole discretion, deems desirable to examine, evaluate and verify the data and statements presented by the applicant/owner/operator; and
(b) For the life of each solar energy system, to cover the administrative and legal costs incurred by the township in monitoring and enforcing the owner/operator's ongoing compliance with this chapter.
(2) The account shall be managed as follows:
(a) Funds can be withdrawn from this account only by the signature of a township designee;
(b) If at any time the balance of this account shall fall below $1,000, the applicant/owner/operator shall deposit additional funds to restore the account to a $5,000 balance;
(c) If at any time the balance of this fund shall fall below $1,000 for a continuous period of thirty days, the application shall be considered to have been withdrawn, or the Permit for the solar energy system may be terminated by the township; and
(d) A township designee shall be charged with monitoring the escrow account and giving quarterly reports to the Planning Commission. After the solar energy system has been removed and site restoration has been completed, as defined in this chapter, any balance remaining in this account shall be returned to the applicant.
(G) Removal cost guarantee. The cost of removal and site restoration is the full responsibility of the landowner and also the applicant and/or owner/operator. In order to provide the greatest possible financial assurance that there will be sufficient funds to remove the solar energy system and to restore the site, the following steps shall be followed:
(1) For each solar energy system, the applicant/owner/operator shall determine an amount of money equal to the estimated removal and restoration cost. The Planning Commission may require independent verification of the adequacy of this amount;
(2) Such removal and site restoration obligation shall be secured by the land owner and/or the applicant filing with the township a surety bond, letter of credit, or cash deposit with language and terms acceptable to the township; and
(3) The removal cost guarantee amount shall be valid throughout the lifetime of the system, and it shall be adjusted by the applicant/land owner every five years. The Planning Commission may require independent verification of the adequacy of this amount. Bonds and letters of credit shall be extended on a regular basis with expiration dates never less than two years from the annual anniversary of special use approval.
(H) Transfer of ownership. Prior to a change in the ownership or operation of a solar energy system, including but not limited to the sale or lease of that system or the underlying property, the current land owner or operator shall provide written notice to the township at least 60 days prior to that change becoming effective. This notice shall inform the township of the intended transfer of control of the solar energy system or the underlying property, and shall include a copy of the instrument or agreement effectuating that transfer. Such an instrument or agreement shall include an express statement that the new owner or operator of the solar energy collector system or the underlying property shall not be permitted to operate that system until compliance with the terms of this subchapter, including requirements for continuing security and escrow funds, has been established.
(Ord. 2020-01, passed - -2020)