[HISTORY: Adopted by the Town Board of the Town of Pacific 11-16-2021 by Ord. No.
2021-6. Amendments noted where applicable.]
This chapter shall be known as the "Small-Scale Solar Energy
Systems Ordinance."
A.
Purpose. The purpose of this chapter is to provide for the siting,
development, and operation of small-scale solar energy projects in
the Town of Pacific, subject to reasonable conditions that promote
and protect the public health, safety and welfare of the community
while promoting development of renewable energy resources.
As used in this chapter, the following terms shall have the
meanings indicated:
A solar energy system that is secondary to the primary use
of the parcel on which it is located and which is directly connected
to or designed to serve the energy needs of the primary use. Excess
power may be sold to a power company.
The person or entity who submits an application to the locality
for a permit to install a small-scale solar energy project under this
chapter.
All contiguous lands under the ownership of the property
owner.
A roof-mounted solar energy system with a total panel size
of 900 square feet or less and any other solar energy system, other
than a roof-mounted solar energy system, with a total panel size of
600 square feet or less.
[Amended 5-16-2023 by Ord. No. 2023-2]
|
Note: See also definitions set forth in § 415-9 of the Code of the Town of Pacific.
|
A.
Small-scale solar energy systems shall require a small-scale solar energy system permit application and administrative plan approval by the Town, as well as formal building permit approval by the Building Inspector, except as provided in Subsection E below.
B.
Applications under this chapter, which do not require a conditional
use permit, shall be subject to administrative review and approval
by the Town Engineer and shall not require Plan Commission review.
Plan approval does not indicate compliance with the Building Code
or Electric Code.
C.
The property owner shall be the applicant. Applicants shall include
scaled horizontal and vertical (elevation) drawings in their applications.
The drawings must show the location of the system on the building
or, for a ground-mounted system, the location of the system on the
parcel, including the property lines and setback lines. The application
shall also include a screening plan, if applicable, also provided
for under § 414-5D.
D.
The permit fee shall be determined by motion/resolution adopted by
the Town Board and shall be set forth in this Town's Fee Schedule.
E.
Any roof-mounted small-scale solar energy system for an accessory
use solar energy system, for which all of the solar panels are mounted
upon a principal structure, or accessory structure (where the accessory
structure is erected primarily for purposes other than mounting of
solar energy equipment) and which meets all of the requirements under
this chapter, shall only require a building permit. Further, any in-ground/pole-mounted
small-scale solar energy system for an accessory use solar energy
system that meets the requirements under this chapter shall also only
require a building permit. However, if a plan for the system is required
under § 414-5D, then neither of these solar energy system
permit exemptions provided for above shall apply, and a small-scale
solar energy system permit shall then be required for the system.
The following standards shall apply to small-scale solar energy
systems covered under this chapter:
A.
In-ground/pole-mounted systems.
(1)
Ground- and pole-mounted systems shall not exceed 10 feet in total
height when oriented at maximum design tilt.
(2)
In any residential and commercial zoning districts, ground- and pole-mounted
systems shall not exceed four square feet in size.
(3)
In any residential and commercial zoning districts, ground- and pole-mounted
systems shall not be located closer to the front lot line than the
principal building on the parcel and shall be set back at least 50
feet from any side boundary. Further, such systems shall be set back
at least 50 feet from any rear boundary which is adjacent to a residential
or commercial parcel. All such in-ground/pole-mounted systems shall
be screened to avoid reflected solar radiation onto adjacent or nearby
property, public roads and other areas open to the public.
B.
Roof-mounted systems.
(1)
Roof-mounted solar energy systems shall not exceed, by more than
four feet, the maximum allowed height in any zoning district.
(2)
The collector and racking for roof-mounted systems that have a greater
pitch than the roof surface shall be set back from all roof edges
by at least two feet.
(3)
Exterior piping for roof-mounted solar hot water systems may extend
beyond the perimeter of the structure on side and rear yard exposures.
(4)
Roof-mounted solar systems, excluding building-integrated systems,
shall not cover more than 80% of the flat roof surface upon which
the collectors are mounted.
C.
Wall-mounted systems.
A.
In the construction and installation of a small-scale solar energy
system, the design and installation shall conform to applicable industry
standards, including those of the American National Standards Institute
(ANSI), Underwriters' Laboratories (UL), the American Society for
Testing and Materials (ASTM), or other similar certifying organizations,
and shall comply with all Town and county ordinances and with all
other applicable fire and life safety requirements. The manufacturer
specifications shall be submitted as part of the application. In inspecting
a roof-mounted system for safety, the Town Building Inspector/Town
Engineer may also require a structural certificate prepared by a licensed
structural engineer.
B.
The property owner shall be responsible for complying with this chapter
and for the proper maintenance of the small-scale solar energy system
located on the parcel. If a small-scale solar energy system has been
determined to be unsafe by the Building Inspector, the system shall
be required to be repaired by the property owner to meet federal,
state and local safety standards, or be removed by the property owner
within 30 days, unless, upon application of the property owner, the
Building Inspector determines that there is a reasonable basis to
extend that deadline.
Enforcement of this chapter shall be by means of withholding/withdrawing
the permit, by impositions of forfeitures, and/or by injunctive relief.
Forfeitures shall not be less than $25, nor more than $200, for each
day of noncompliance, together with the costs of prosecution. Further,
the Town shall have all other and further remedies to enforce the
terms of this chapter, as may be provided by law.
If any provision of this chapter or the application thereof
to any person or circumstance shall be held invalid, such invalidity
shall not affect the other provisions or applications of this chapter,
which can be given effect without the invalid provisions or application,
and to this end, the provisions of this chapter are severable.
This chapter shall be effective upon passage and publication,
as provided by law.
