[HISTORY: Adopted by the Township Board of the Charter Township
of Midland 12-12-2018 by Ord. No.
102. Amendments noted where applicable.]
This chapter shall be known as the "Midland Township Solar Collection
Devices Ordinance."
The following standards shall apply to all solar collection
facilities in the Township:
A.
Responsibilities.
The duties, obligations and liabilities associated with solar collection
devices shall lie with the applicant or operator and the property
owner, jointly and severally.
B.
Code compliance.
Solar collection devices shall be designed and installed in compliance
with the manufacturer's installation instructions and comply with
all State Construction Code and Fire Code requirements.
C.
Reflection/glare.
Solar collection devices shall be installed so that reflection or
glare does not adversely impact surrounding residents, land uses,
structures or road rights-of-way. All panels shall have tempered,
nonreflective surfaces. This may be accomplished by both the placement
and angle of placement as well as substantial man-made or environmental
barriers. If trees are used as barriers, they must be of such initial
height as to provide dense, and immediately effective, year-round
screening from the reflection or glare.
D.
Electromagnetic
interference. Solar collection devices shall be installed so as not
to cause electromagnetic interference and shall comply with all applicable
Federal Communications Commission (FCC) guidelines. In the event that
such interference is experienced, the applicant or operator shall
be responsible for correcting the conditions that created the interference,
or for providing alternate service to each resident or property owner
affected. The applicant shall be responsible for compensation to persons
or property damaged by stray voltage.
E.
Requirements
for all panels.
(1)
The
solar panels, solar shingles and array of panels shall be reviewed
by the Building Department.
(2)
The
panel array shall be fitted with an automatic shutoff or breaker switch,
as approved by the Building Department, to isolate the panels in case
of fire.
(3)
The
Building Department shall keep on file the type of system that the
solar panel array is a part of, either photovoltaic or thermal.
(4)
It
shall be shown that all panels are adequately secured to the surface
upon which they are mounted and that the mounting structure has the
capability of supporting the panels.
(5)
The
installation of the panels shall not require or be reliant on the
clear-cutting of trees or other vegetation.
(6)
The
installation of any solar panel (private or commercial) shall not
negatively impact adjacent properties with additional or excessive
stormwater runoff and/or drainage.
Solar collection devices allowed as an accessory use shall be subject to administrative review and approval as per § 300-85 of Chapter 300, Zoning. All other solar collection devices shall be subject to site plan approval per § 300-78 of Chapter 300, Zoning. The following additional information requirements shall apply to any application for approval of a solar collection device.
A.
The following
additional information shall be required as any part of any application:
(1)
A written
narrative describing the proposed project.
(2)
Height,
length and angle of the solar collection devices.
(3)
Detailed
descriptions of all proposed grading, filling and tree or woodland
clearing, site security measures, potential light reflection, concentration
and glare impacts from solar collection devices on adjacent land,
structures, uses and road rights-of-way and proposed measures for
mitigation of any anticipated impacts.
(4)
A copy
of the manufacturer's instructions and design prints, along with documentation
that the solar collection devices will be installed in compliance
with the manufacturer's instructions and all applicable State Construction
Code and Fire Code standards.
(5)
Any
other information deemed necessary by the Planning Commission to verify
compliance with the standards of this section.
B.
The Township,
within its reasonable discretion, may retain the services of a solar
energy conversion systems expert to assist with review of the application
or any site inspection. The expense thereof shall be the responsibility
of the applicant.
The following additional standards shall apply to solar energy
collection systems, large freestanding:
A.
A signed
and notarized removal agreement for future removal of the facility
in accordance with the requirements of this section, which shall also
include the following:
(1)
An
estimate of the cost of removal of the facility and restoration of
the site, certified by a licensed engineer; and
(2)
A performance
guarantee, sufficient to ensure device removal, site restoration and
reimbursement of associated administrative costs incurred by the Township
in the event that the applicant, property owner or his or her successors
fail to remove the devices in a timely manner.
B.
If the
applicant's intent is to install a solar collection device that will
be interconnected to the power grid, written documentation shall be
provided that the electrical utility provider has been notified, along
with any utility-required interconnection and parallel operating agreement.
Freestanding solar energy collection devices, small, shall not
exceed the height allowed for accessory structures in the zoning district
where the devices are located. Solar energy collection devices that
are mounted on a principal building shall not exceed the height of
the building by more than two feet and shall not exceed the maximum
height allowed in the zoning district.
Any solar collection device that is not used for 365 calendar
days shall be deemed to be abandoned. The owner or operator shall
remove a solar collection device for which a required special use
permit approval has been rescinded, that has ceased operation for
more than 365 consecutive days, or that has been determined by the
Township to be abandoned, as follows:
A.
The device(s)
shall be removed within 90 calendar days of receipt of notice, from
the Township, requesting such removal. Failure of the owner or operator
to respond within 90 calendar days of such a request shall be grounds
for the Township to rescind any previous approval to construct or
operate the device.
B.
Failure
by the owner to remove the device(s) in accordance with this section
or an approved removal agreement shall be grounds for the Township
to remove the device at the owner's expense and to make use of any
performance guarantee or other security provided for that purpose.
C.
Removal
of the device shall include removal of any foundation, including concrete
footings, support structures or other appurtenances, to a depth of
48 inches below grade and the land regraded and restored to the original
grade.
D.
The Township
reserves the right to require submittal of evidence of ongoing operation
at any time after construction or installation of an approved device.
