[HISTORY: Adopted by the Village Board of the Village of
Birnamwood 8-12-2024 by Ord. No.
24-8-1. Amendments noted where applicable.]
The purpose of this chapter is to adopt and incorporate the
requirements and standards of §§ 66.0401 and 66.0403, Wis.
Stats., to regulate solar energy systems to produce electricity and/or
conversion of energy for uses on site as well as those systems which
produce electricity for off-site use and distribution. The regulations
of this chapter have been established to ensure solar energy systems
are sited, constructed, maintained and decommissioned in a manner
that maximizes utilization of the Village of Birnamwood's solar energy
resources for the health, safety and welfare of the community.
A.
No solar
energy system shall be erected, enlarged, or extended without conformance
to the provisions of this chapter and other applicable regulations,
as evident by the issuance of a zoning permit by the Zoning Administrator
and/or, where required, conditional use permit approval by the Village
of Birnamwood Planning Committee and Village Board.
B.
All applications
regulated by this chapter may be subject to additional conditions
and restrictions consistent with but no more restrictive than those
in § 66.0401(1m), Wis. Stats., where such conditions are considered
and applied on a case-by-case basis, as well as satisfy one of the
following:
As used in this chapter, the following terms shall have the
meanings given in this section:
A solar energy system that is an integral part of a principal
or accessory building rather than a separate mechanical device, replacing
or substituting for an architectural or structural component of the
building. Building-integrated systems include, but are not limited
to, photovoltaic or hot water solar energy systems that are contained
within roofing materials, windows, skylights and awnings.
Any part of a solar collector that absorbs solar energy for
use in the collector's energy transformation process. "Collector surface"
does not include frames, supports and mounting hardware.
Any use/purpose of the WES and/or solar energy system is
to convert wind and/or solar energy into electricity which is to be
used, distributed or sold off site. These uses may be deemed to be
accessory to an existing residential, commercial or agricultural use,
but are subject to all the standards, requirements, and conditional
use processes set forth in this chapter.
A solar energy system mounted on a rack or pole that rests
or is attached to the ground. Ground-mount systems can be either private
or commercial uses.
A solar energy system that captures solar light or heat without
transforming it to another form of energy or transferring the energy
via a heat exchanger.
A solar energy system that converts solar energy directly
into electricity.
The primary purpose of the WES and/or solar energy system
is to convert wind and/or solar energy into electricity which is to
be used and/or stored on site. The WES and solar energy system must
be accessory to an existing residential, commercial, industrial or
agricultural use and are subject to all the standards, requirements
and processes set forth in this chapter.
An easement that limits the height or location, or both,
of permissible development on the burdened land in terms of a structure
or vegetation, or both, for the purpose of providing access for the
benefited land to wind or sunlight passing over the burdened land,
consistent with § 700.35, Wis. Stats.
A solar energy or wind energy system. Renewable energy systems
do not include passive systems that serve a dual function, such as
a greenhouse or window.
A solar energy system mounted on a rack that is fastened
to or ballasted on a building roof. Roof-mount systems are accessory
to the principal use.
An unobstructed access to direct sunlight on a lot or building
through the entire year, including access across adjacent parcel air
rights, for the purpose of capturing direct sunlight to operate a
solar energy system.
A device, structure or a part of a device or structure for
which the primary purpose is to transform solar radiant energy into
thermal, mechanical, chemical or electrical energy.
Any part of a solar collector that absorbs solar energy for
use in the collector's energy transformation process. The collector's
surface does not include frames, supports and mounting hardware.
A device specifically designed to capture and redirect the
visible portion of the solar spectrum, while controlling the infrared
portion, for use in illuminating interior building spaces in lieu
of artificial lighting.
A radiant energy received from the sun that can be collected
in the form of heat or light by a solar collector.
A device, array of devices, or structural design feature,
which has the primary purpose of harvesting energy by transforming
solar energy into another form of energy or transferring heat from
a collector to another medium using mechanical, electrical or chemical
means.
A component of a solar energy device that is used to transfer
heat from one substance to another, either liquid or gas.
(Also referred to as "solar air heat" or "solar furnace.")
A solar energy system that includes a solar collector to provide direct
supplemental space heating by heating and recirculating conditioned
building air. The most efficient performance typically uses a vertically
mounted collector on a south-facing wall.
The racking, frames or other devices that allow the mounting
of a solar collector onto a roof surface or the ground.
A view of the sun from a specific point on a lot or building
that is not obscured by any vegetation, building or object for a minimum
of four hours between the hours of 9:00 a.m. and 3:00 p.m. Standard
time on all days of the year.
A component of a solar energy device that is used to store
solar-generated electricity or heat for later use.
A.
Permitted.
Private use of solar energy systems shall be a permitted use in all
zoned districts, subject to the requirements, standards and processes
set forth in this chapter.
B.
Height.
Solar energy systems shall meet the following height requirements:
(1)
Building-
or roof-mounted solar energy systems shall not exceed the maximum
allowed height in any zoning district unless the system protrudes
less than one foot from the surface from which it is directly attached.
(2)
Ground-
or pole-mounted solar energy systems shall not exceed 35 feet in height
when oriented at maximum tilt.
C.
Setback(s).
Ground-mounted solar energy systems (and systems located on accessory
structures) shall meet the accessory structure setbacks for the zoning
district on which the system is located, whereas roof- or building-mounted
solar energy systems located on a principal or accessory structure
shall adhere to the applicable zoning district's setbacks.
D.
Roof- or
building-mounted solar energy systems. In addition to the building
setback, the collector surface and mounting devices for roof-mounted
solar energy systems shall not extend beyond the exterior perimeter
of the building on which the system is mounted or built, unless the
collector and mounting system have been explicitly engineered to safely
extend beyond the edge and setback standards are not violated. Exterior
piping for solar hot water systems shall be allowed to extend beyond
the perimeter of the building on a side yard exposure. Solar collectors
mounted on the sides of buildings and serving as awnings are considered
to be building-integrated systems and are regulated as awnings.
E.
Ground-mounted
solar energy systems. Ground-mounted solar energy systems may not
extend into the required setbacks when oriented at minimum design
tilt.
F.
Visibility.
Solar energy systems shall be designed to blend into the architecture
of the building to the extent such provisions do not diminish solar
production or increase costs, consistent with § 66.0401, Wis.
Stats.
G.
Building-integrated
photovoltaic systems. Building-integrated photovoltaic solar energy
systems shall be permitted, provided the building component in which
the system is integrated meets all required setbacks for the district
in which the building is located, as well as UDC and performance standards.
H.
Roof-mounted
solar energy systems. Solar energy systems that are flush-mounted
on pitched roofs are blended with the building architecture. Non-flush-mounted
pitched roof systems shall not be higher than the roof peak, and the
collector shall face the same direction as the roof on which it is
mounted, to minimize wind loading and structural risks to the roof.
I.
Reflectors.
All solar energy systems using a reflector to enhance solar production
shall minimize reflected light from the reflector affecting adjacent
or nearby properties. Measures to minimize reflected light include
selective placement of the system, screening on the north side of
the solar array, modifying the orientation of the system, reducing
use of the reflector system, or other remedies that limit reflected
light.
J.
Coverage.
Roof- or building-mounted solar energy systems, excluding building-integrated
systems, shall allow for adequate roof access for firefighting purposes
to the south-facing or flat roof upon which the panels are mounted.
K.
Historic
buildings. Solar energy systems on buildings within designated historic
districts or on locally designated historic buildings (exclusive of
state or federal historic designation) must receive approval of the
community Heritage Preservation Commission, consistent with the standards
for solar energy systems on historically designated buildings published
by the U.S. Department of Interior.
L.
Plan approval
required. All solar energy systems shall require approval by the Village
Board.
M.
Plan applications.
Plan applications for solar energy systems shall be accompanied by
two-scale horizontal and vertical (elevation) drawings. The drawings
must show the location of the system on the building or on the property
for a ground-mount system, including the property lines.
N.
For all
roof-mounted systems other than a flat roof. The elevation drawing(s)
must show the highest finished slope of the solar collector and the
slope of the finished roof surface on which it is mounted.
O.
For flat
roof applications. A drawing shall be submitted showing the following
in addition to all applicable requirements set forth in this chapter:
(1)
The
distance to the roof edge and any parapets on the building and shall
identify the height of the building on the street frontage side.
(2)
The
proposed distance to property lines, rights-of-way and/or easements.
(3)
The
highest finished height of the solar collector as well as the finished
surface of the roof.
P.
Approved
solar components. Electric solar energy system components must have
an UL (Underwriters' Laboratories) or equivalent listing, and solar
hot water systems must have an SRCC (Solar Rating and Certification
Corporation) rating.
Q.
Compliance
with Building Code. All solar energy systems shall meet the approval
of local building code officials, consistent with the State of Wisconsin
Building Code or the building code adopted by the local jurisdiction,
and solar thermal systems shall comply with HVAC-related requirements
of the Energy Code.
Compliance with State Electric Code. All photovoltaic systems
shall comply with the Wisconsin State Electric Code.
R.
Structural
integrity. All building-mounted integrated solar energy systems shall
only be permitted if it is determined the additional weight, infrastructure
and/or modifications will not compromise the structural integrity
of the building.
S.
Compliance
with State Plumbing Code. Solar thermal systems shall comply with
applicable Wisconsin State Plumbing Code requirements.
T.
Utility
notification. All grid-tied solar energy systems shall comply with
the interconnection requirements of the electric utility. Off-grid
systems are exempt from this requirement.
A.
Commercial
use. The Village encourages the development of commercial-use solar
energy systems where such systems present few land use conflicts with
current and future development patterns.
B.
Commercial
use conditional permit requirements. Ground-mounted solar energy systems
that are not an accessory use to existing parcels, structures or uses,
as well as are designed for providing energy to off-site uses and/or
export to the wholesale market, require a conditional use permit in
all zoning districts.
C.
Stormwater
and NPDES. Commercial-use solar energy systems are subject to the
Wisconsin DNR stormwater management, erosion, sediment control provisions
as well as NPDES permit requirements.
D.
Ground
cover and buffer areas. The following provisions shall be met related
to the clearing of existing vegetation and establishment of vegetated
ground cover. Additional requirements and standards may apply as required
by the Zoning Administrator, Planning Committee, and/or the Village
Board.
(1)
Large-scale
removal of mature trees on the site is discouraged.
(2)
To
the greatest extent possible, the topsoil shall not be removed during
development, unless part of a remediation effort.
(3)
Soils
shall be planted and maintained for the duration of operation in perennial
vegetation to prevent erosion, manage runoff, and improve soil.
(4)
Seeds
should include a mix of grasses and wildflowers, exclusively native
to the region of the project site, which will result in a short stature
prairie with a diversity of forbs or flowering plants that bloom throughout
the growing season. Blooming shrubs may be used in buffer areas as
appropriate for visual screening.
(5)
Seed
mixes and maintenance practices shall be consistent with those recommendations
made by the Village and/or Wisconsin Department of Natural Resources.
(6)
Plant
material must not have been treated with systemic insecticides, particularly
neonicotinoids.
E.
Financial
guarantee. The applicant shall submit a financial guarantee in the
form of a letter of credit, cash deposit, or bond equal to 125% of
the costs to meet the ground cover and buffer area standard. The financial
guarantee shall remain in effect until vegetation is sufficiently
established.
F.
Foundations.
A qualified engineer shall certify that the foundation and design
of the solar panels' racking and support is within accepted professional
standards, given local soil and climate conditions.
G.
Other standards
and codes. All commercial-use solar energy systems shall be in compliance
with all applicable local, state and federal regulatory codes, including
the State of Wisconsin Uniform Building Code, as amended, and the
National Electric Code, as amended.
H.
Power and
communications lines. Power and communications lines running between
banks of solar panels and to nearby electric substations or interconnections
with buildings shall be buried underground. Exemptions may be granted
by the Village Board in instances where shallow bedrock, watercourses,
or other elements of the natural landscape interfere with the ability
to bury lines or distance makes under-grounding infeasible.
I.
Site plan
required. A detailed site plan for both existing and proposed conditions
must be submitted, showing location of all solar arrays, other structures,
property lines, rights-of-way, service roads, floodplains, wetlands
and other protected natural resources, topography, electric equipment,
screening features, and all other characteristics requested by the
Zoning Administrator. The site plan should also show all zoning districts
and overlay districts.
J.
Agricultural
protection. Commercial-use solar energy systems must comply with site
assessment or soil identification standards that are intended to protect
agricultural soil.
K.
Decommissioning.
A decommissioning plan shall be required to ensure that facilities
are properly removed after their useful life.
(1)
Decommissioning
of solar panels must occur in the event they are not in use for 12
consecutive months.
(2)
The
plan shall include provisions for removal of all structures and foundations,
restoration of soil and vegetation, and assurances that financial
resources will be available to fully decommission the site.
(3)
Structures
and/or foundations shall be disposed of at a licensed solid waste
disposal facility and/or otherwise in a manner consistent with federal,
state and local regulations.
(4)
The
Village Board may require the posting of a bond, letter of credit
or the establishment of an escrow account to ensure proper decommissioning.
A.
Commercial-use
approval process. The Planning Committee shall approve or deny the
commercial-use solar energy system conditional use request after a
public hearing.
B.
Commercial
issuance process. The Village Board shall issue the zoning permit
and grant the conditional use permit if it is determined the solar
energy system application and proposal conforms to the requirements
of this chapter and all applicable standards of this Code, as well
as meets or will meet any additional conditions placed on the conditional
use permit by the Planning Committee.
C.
Private-use
approval process: All private-use solar energy system are subject
to administrative review and approval of the zoning permit based on
the standards and conditions of this chapter in all zoning districts.
