[Added 10-12-2011 by Ord. No. 2011-18]
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.
