[HISTORY: Adopted by the Town Board of the Town of Pacific 11-16-2021 by Ord. No.
2021-7. Amendments noted where applicable.]
A.
Purpose. The Town Board finds that solar energy is an abundant, renewable
and nonpolluting energy resource and that its conversion to electricity
or heat will reduce dependence on nonrenewable energy resources and
decrease air and water pollution that results from the use of the
currently prevalent nonrenewable energy resources. The Town Board
encourages the use of solar energy. It is important, however, that
installation of solar energy systems is accomplished in a safe, clean
and orderly manner that will minimize potential adverse biological,
agricultural, visual, and other environmental impacts. Pursuant to
the authority granted by Wis. Stats. § 66.0401, this chapter
is enacted to provide for Town review of proposed solar energy systems
and to ensure such systems are properly installed and are sited in
a manner that will minimize any adverse impacts without significantly
increasing the cost or efficiency of the proposed system or which
permits an alternate system of comparable cost or efficiency.
B.
Application. This chapter shall apply to all solar energy systems except small solar energy systems, as defined in Chapter 414 of the Town Code. The Town recognizes that for solar energy systems larger than 100 megawatts, certain regulatory authority has been given to the Public Service Commission. This chapter only seeks to impose regulations that are, by law, within the authority of the Town.
A.
All elements of the solar energy system are to comply with applicable
state, county and Town regulations. Zoning permits and conditional
use permits shall be applied for and reviewed under the procedures
established following the Columbia County Planning and Zoning Ordinance.
B.
The Town of Pacific siting standards are identified in this chapter.
Other related siting and building standards are referenced in the
Town Code as follows:
No person shall install or erect any solar energy system in
the Town that is subject to this chapter without a permit from the
Town issued under this chapter.
An application for a permit under this chapter shall be submitted
to the Town Clerk, in accordance with the Town's current policy and
procedures, and shall contain the following information:
A.
Description. A description of the solar energy facility, including
size, method of installation, amount of power to be generated and
whether the facility is for private residential or business use or
for commercial energy production. The description shall also include
technical specifications and supporting calculations necessary to
demonstrate the structural integrity of the installation, including,
but not limited to, the ability to withstand wind.
B.
Contact information. The name, address, and telephone number of the
owner of the property upon which the facility is to be installed.
If the applicant is different than the property owner, then the applicant's
information shall be provided for the applicant as well. Also, the
name and address of the party responsible for maintaining the system.
C.
Existing conditions:
(1)
Property lines.
(2)
Buildings.
(3)
Proposed installation location and details.
(4)
Existing land use and features (woods, cropland, slopes exceeding
12%, wetlands, etc.).
(6)
For a solar energy system - primary use, existing sound and vibration
measurement, following the Wisconsin Department of Natural Resources
Measurement Protocol for Sound and Vibration Assessment of Proposed
and Existing Electric Power Plants.
D.
Proposed plan.
(1)
Proposed location and spacing of solar collectors.
(2)
Proposed location of access roads.
(3)
Proposed planned location of underground or overhead electric lines
connecting the system to the building, substation, or other electric
load.
(4)
Location of proposed new electrical equipment, other than at the
existing building or substation, that is the connection point for
the system.
(7)
Scaled elevation drawings accurately depicting the proposed solar
energy system on the property and its relationship to any buildings
or structures on adjacent lots.
(8)
Proposed maintenance plan for grounds, including surrounding the
systems.
(9)
Proposed plan outlining the use, storage, and disposal of chemicals
used in the cleaning of the collectors and/or reflectors.
(10)
A description and drawing showing the screening/landscaping plan being proposed; refer to Chapter 461.
(11)
For solar energy system - primary use, also the following:
(a)
A geotechnical report for the site from a qualified geotechnical
engineer.
(b)
A sound and vibration level study, following the Wisconsin Department
of Natural Resources Measurement Protocol for Sound and Vibration
Assessment of Proposed and Existing Electric Power Plants.
(c)
A proposed safety and security plan, including, among other
things, emergency access and fire protection measures and measures
to identify and address hazardous or flammable substances being placed
on the site.
(d)
For systems other than roof-mounted systems, a proposed decommissioning
plan that outlines the anticipated means and cost of removing the
system at the end of its serviceable life or upon its becoming a discontinued
use. The plan shall also identify the financial resources to be set
aside to pay for the decommissioning and removal of the system.
[Amended 9-20-2022 by Ord. No. 2022-2]
(12)
For roof-mounted systems, the Town Building Inspector/Town Engineer
may also require a structural certificate from a licensed structural
engineer.
E.
Miscellaneous.
(1)
For solar energy system - primary use, written documentation that
a power purchase agreement with an electric utility has been executed.
(2)
A list identifying component materials comprising the solar modules,
panels, arrays or other equipment which contains hazardous or flammable
substances.
(3)
The manufacturer's specifications.
[Amended 9-20-2022 by Ord. No. 2022-2]
The following provisions shall apply to decommissioning of systems
subject to this chapter, other than roof-mounted systems:
A.
Decommissioning of the system must occur within one year from either
the end of the system's serviceable life or from the time that the
energy generation from the system becomes a discontinued use. Energy
generation from the system shall be considered a discontinued use
after one year without energy production, unless a plan is developed
and timely submitted to the Town of Pacific outlining the steps and
schedule for returning the system to service.
B.
Decommissioning shall consist of the following:
(1)
The removal of the system's equipment and the removal of the system's
foundation to a depth of at least three feet. An exemption from this
requirement may be granted by the Town, if it is determined that the
removal of the foundation will significantly increase erosion and/or
significantly disrupt vegetation on the site.
(2)
Disposal of all solid and hazardous waste in accordance with local,
state, and federal waste disposal regulations.
(3)
The restoration of the surface grade, and soil, the stabilization
of soils and revegetation of the site as necessary to minimize erosion.
In farmland areas, measures to restore the land to productive agricultural
use.
C.
A cost estimate shall be provided for the cost of fully implementing
the decommissioning plan prior to the commencement or decommissioning
activities on the site. The cost estimate shall be subject to review
and approval by the Town Engineer. Before beginning any decommissioning
activities, the applicant must submit a performance bond in a form
and amount satisfactory to the Town Attorney, which shall be based
upon an estimate approved by the Town Engineer, assuring the availability
of adequate funds to restore the site to a useful, nonhazardous condition,
in according with the decommissioning plan.
D.
The decommissioning shall occur in accordance with the decommissioning
plan approved by the Town or any plan amendment approved by the Town.
A.
General standards. The following standards shall be applicable to
all solar energy systems covered under this chapter:
(1)
Systems shall be designed and operated in a manner that minimizes
adverse impacts to adjoining property owners and/or to the public.
(2)
Systems shall be in compliance with any applicable local, state and
federal regulatory standards.
(3)
Power inverters and any sound-producing equipment shall be at least
150 feet from any residential dwelling(s) adjacent to the parcel covered
by the application. If that 150-foot distance is not reasonably available
and this requirement cannot be met, then the large-scale solar energy
system application submitted shall include a plan for screening or
another sound barrier to reduce the sound emanating onto an adjacent
residential parcel, to a level no more than 60 dB (at the boundary
line), which plan shall be subject to the review and approval of the
Town Engineer.
(4)
Systems shall not be used to display advertising, including; signage,
streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons,
flags, banners or similar materials. The manufacturers and equipment
information, warning, or indication of ownership shall be allowed
on any equipment of the solar energy system, provided they comply
with the applicable sign regulations.
(5)
Documentation from the manufacturer's engineer or another qualified
engineer certifying that the foundation and design of the solar energy
system is within accepted professional standards in the State of Wisconsin.
(6)
Power and communication lines running between banks of solar collectors
and to electric substations or interconnections with buildings shall
be buried underground. Exemptions may be granted in instances where
shallow bedrock, water courses, or other elements of the natural landscape
interfere with the ability to bury lines.
(7)
Vegetative screening of the system, where appropriate, shall be required
as a part of site plan review and/or the conditions of approval.
(8)
Tree removal shall be minimized and mitigated in accordance with
proper site design.
(9)
Installations shall not impact rare, endangered or protected resources.
(10)
For sites to be located on productive farmland, systems shall
be designed to reduce land disturbance and provide for such measures
as may be reasonably necessary so that farmland can be returned to
productive agricultural use when it is no longer used as a site for
a solar energy system.
(11)
The system shall be designed to incorporate pertinent fire,
emergency response and other safety measures.
(12)
Systems that result in the creation of one or more acres of
impervious surface must also provide plans that comply with the WDNR
NR 216 and NR 151 construction stormwater permit requirements prior
to final stormwater and erosion control permitting at the Town.
B.
Roof-mounted solar energy systems. The following standards shall
apply to roof-mounted solar energy systems:
(1)
Roof-mounted solar energy systems shall not exceed, by more than
four feet, the maximum allowed height in any zoning district.
(2)
In addition to the structure setback, the collector surface and mounting
devices for roof-mounted solar systems shall not extend beyond the
exterior perimeter of the structure on which the system is mounted
or built, except for when such an extension is designed as an awning.
(3)
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.
(4)
Exterior piping for roof-mounted solar hot water systems may extend
beyond the perimeter of the structure on side and rear yard exposures.
(5)
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.
Ground-mounted and pole-mounted solar energy systems. The following
standards shall apply to those ground- and pole-mounted solar energy
systems:
(1)
Ground- and pole-mounted systems shall not exceed 10 feet in height
when oriented at maximum design tilt.
(2)
Ground- and pole-mounted systems shall be set back to an extent no
greater than that required of other types of construction in the underlying
zoning district. If other types of construction in the underlying
zoning district are required to be placed in the side or rear yard
of a residence, then ground-mounted solar equipment may have similar,
though not more restrictive, requirements.
(3)
Ground- and pole-mounted systems shall have natural ground cover
under and between the collectors and surrounding the system's foundations
or mounting device(s).
(4)
The total collector surface area of pole- or ground-mounted systems
shall not exceed 50% of the building footprint of the principal structure
in all residential and commercial zoning districts.
(5)
Plans for ground-to-pole-mounted solar systems shall be accompanied
with a plan to address concentrated runoff.
(6)
Ground- and pole-mounted systems must meet all setback requirements
for the zoning district, but in no event shall any front, rear or
side setback for such system be less than 50 feet.
[Amended 8-16-2022 by Ord. No. 2022-1]
(7)
Ground- and pole-mounted systems shall not be located closer to the
front lot line than the principal building on the lot. This requirement
shall apply in all residential and commercial zoning districts.
D.
Wall-mounted solar energy systems. The following standard shall apply
to wall-mounted solar energy systems:
(1)
In residential zoning districts, wall-mounted solar energy systems
shall cover no more than 25% of any exterior wall facing a front yard.
E.
Photovoltaic solar energy systems. The following standards shall
apply to photovoltaic solar energy systems:
(1)
For photovoltaic solar energy systems, the electrical disconnect
switch shall be clearly identified and unobstructed.
(2)
No grid-intertie photovoltaic solar energy system shall be installed
until documentation has been given to the Town that the owner has
notified the utility company of the customer's intent to install an
interconnected customer-owned generator. Documentation may consist
of an interconnection agreement or a written explanation from the
utility provider or contractor outlining why an interconnection agreement
is not necessary. Off-grid systems are exempt from this requirement.
(3)
Photovoltaic solar energy system components must have an Underwriters'
Laboratories (UL) listing, and solar hot water systems must have a
Solar Rating and Certification Corporation (SRCC) rating.
F.
Reflecting solar energy systems. The following standards shall apply
to reflecting solar energy systems:
(1)
Reflecting solar energy systems shall be designed and operated to
prevent the misdirection of reflected solar radiation onto adjacent
or nearby property, public roads, or other areas open to the public.
A.
The Plan Commission shall review all applications under this chapter
within 45 days of a complete submittal and make its recommendation
to the Town Board. If the Plan Commission determines more information
is necessary to evaluate the application, it may postpone its recommendation
for an additional 30 days, but no further postponements shall occur
without the consent of the applicant. The Plan Commission may recommend
approval, conditional approval or denial. The Plan Commission's recommendation
shall be made to further the purposes of this chapter. The Plan Commission
may not recommend any condition or deny a permit unless it finds such
recommendation satisfies one of the following conditions:
B.
The Town Board shall review the application and Plan Commission's
recommendation at its next meeting after receipt of the Plan Commission's
recommendation. The Town Board may accept, reject or modify the Plan
Commission's recommendation under the same criteria as applied for
the Plan Commission's review.
C.
Any person aggrieved by the action taken by the Board on its application
may appeal/seek review, as provided by law.
A.
An application under this chapter shall be accompanied by the application,
fee and, if applicable, an escrow payment in accordance with the Town's
fee schedule and escrow procedures.
B.
If the application is for a solar energy facility with a primary
purpose of commercial electricity generation, the application shall
be accompanied by an escrow fee, as provided under the Town's Fee
Schedule, and a reimbursable services agreement, signed by the applicant
and the property owner (if different from the applicant), to reimburse
the Town of Pacific for all actual costs incurred reviewing the application,
including but not limited to fees for attorneys, engineers, planners
or other relevant consultants and specialists. Final approval may
not be effective until all such costs are reimbursed according to
the agreement. If such costs are not paid within 60 days of final
invoice, such costs may be placed on the tax roll for the subject
property as a special charge pursuant to Wis. Stats. § 66.0627.
Placement on the tax roll, however, shall not constitute payment for
purposes of permit issuance.
For the purpose of this chapter, the following terms shall have
the meaning given to them in this section. To the extent a term is
used in this chapter is not defined in this section, the term shall
have the meaning given in the County Zoning Ordinance.
An existing site that includes cropland, a site with more
than 25% open space, or pasture areas.
An overhead or underground conductor and associated facilities
used for the transmission or distribution of electricity.
A legally enforceable agreement between two or more persons
where one or more of the signatories agrees to provide electrical
power and one or more of the signatories agrees to purchase the power.
The final exterior slope of a building roof calculated by
the rise over the run, typically but not exclusively expressed in
twelfths, such as 3/12, 9/12, or 12/12.
A device, structure, or part of a device or structure for
which the primary purpose is to transform solar radiant energy into
thermal, mechanical, chemical, or electrical energy.
Radiant energy received from the sun that can be collected
in the form of heat or light by a solar collector.
A set of devices, the primary purpose of which is to collect
solar energy and convert and store it for useful purposes, including
heating and cooling buildings or other energy-using processes, or
to produce generated power by means of any combination of collecting,
transferring, or converting solar energy. This definition also includes
structural design features, the purpose of which is to provide daylight
for interior lighting.
A solar energy system whose primary use, on the parcel on
which it is located, is to sell power to a power company.
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.
A solar collector, or collectors, located on the surface
of the ground. The collector or collectors may or may not be physically
affixed or attached to the ground. Ground-mounted systems include
pole-mounted systems.
A solar energy system with a total panel size of more than
600 square feet.
An active solar energy system that converts solar energy
directly into electricity.
A solar energy system that employs one or more devices designed
to reflect solar radiation onto a solar collector. This definition
includes systems of mirrors that track and focus sunlight onto collectors
located at a focal point. The collectors may be thermal or photovoltaic.
A solar collector, or collectors, located on the roof of
a building or structure. The collector or collectors may or may not
be physically affixed or attached to the roof.
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. 2023-3]
The Columbia County Zoning Ordinance, regulating the use
of land and water in the county.
Enforcement of this chapter shall be by means of withholding/withdrawing
the permit, impositions of forfeitures, and injunctive action. 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 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 publication and posting
as provided by law.
