[HISTORY: Adopted by the Board of Trustees of the Village
of Newark 12-20-2022 by L.L. No. 9-2022. Amendments noted where applicable.]
The intent of this chapter is to promote and protect the public
health, welfare and safety of the inhabitants of the Village of Newark
by regulating solar energy systems to thereby create a more attractive
economic and business climate, enhance and protect the physical appearance
of the community, preserve the scenic and natural beauty of designated
areas, preserve property values and provide a more enjoyable and pleasing
community.
As used in this chapter, the following terms shall have the
meanings indicated:
A use subordinate and related to the principal use of a lot,
or of the principal building or structure on the same lot, and serving
a purpose clearly incidental to the permitted principal use of the
lot or of its principal building, including parking and swimming pools.
Equipment that directly converts solar energy into thermal
or electrical energy.
SOLAR ENERGY SYSTEM, GROUND-MOUNTEDA system of solar panels that are mounted on the ground of the property rather than on the roof of a building.
SOLAR ENERGY SYSTEM, ROOFTOPA system of solar panels wholly contained on the rooftop of a building and designed to provide energy principally to the parcel on which the system is installed.
SOLAR ENERGY SYSTEM, ROOFTOP, COMMERCIALA system of solar panels wholly contained on the rooftop of a business/industrial building and designed to provide energy principally to the parcel on which the system is installed.
A.
All solar energy systems shall be an accessory use.
B.
There shall be no ground-mounted solar energy systems in any district.
C.
Solar energy systems shall comply with all height requirements of
the district that they are located within.
D.
Panels facing the front yard must be mounted at the same angle as
the roof's surface and shall not extend above the peak or below
the eave, or extend over the rake edge.
F.
All commercial solar energy systems shall require a special permit.
(1)
The following information shall accompany the required site plan
and special permit applications:
(a)
Drawing showing the layout of the solar energy system signed
by a professional engineer or registered architect.
(b)
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems,
and inverters that are to be installed.
(c)
Commercial tenants applying for a special permit must have property
owner's written approval.
(2)
A property operation and maintenance plan is required, which shall
describe continuing photovoltaic maintenance and property upkeep.
(3)
To ensure the property removal of solar energy systems, a decommissioning
plan shall be submitted as part of the application. Compliance with
this plan shall be made a condition of the issuance of a special permit.
The decommissioning plan must specify that after the solar energy
system can no longer be used, it shall be removed by the applicant
or any subsequent owner. The plan shall demonstrate how the removal
of all infrastructure and the remediation of soil and vegetation shall
be conducted to return the parcel to its original state prior to construction.
The plan shall also include an expected timeline for execution. A
cost estimate detailing the projected cost of executing the decommissioning
plan shall be prepared by a professional engineer or contractor. Cost
estimations shall take into account inflation. Removal of solar energy
systems must be completed in accordance with the decommissioning plan.
If the solar energy system is not decommissioned after being considered
abandoned, the municipality may remove the system and restore the
property and impose a lien on the property to cover these costs to
the municipality.
(a)
Solar energy systems are considered abandoned after one year
without significant electrical energy generation and must be decommissioned.
