The town permits the development of commercial- and large-scale solar energy systems where they present few land use conflicts with current and future development patterns, and they meet the requirements below.
(A) Site design.
(1) Setbacks. Large-scale solar arrays must meet the following setback requirements:
(a) The setback from a non-participating landowner's property line must meet the setback for principal buildings or structures for the district where the system is located.
(b) Setbacks between parcels participating in the project may be waived upon agreement of the landowners.
(c) Setbacks from roadways: 50 feet for arterial streets and 40 feet for all other streets.
(d) Setbacks from residential dwellings: 150 feet from any existing residential dwelling unit of a non-participating landowner. Setbacks from participating landowner dwelling units must meet building setbacks or required yards for the district where the project is located.
(e) The setback distance is measured from the edge of the solar energy system array, excluding security fencing, screening, or berming.
(f) Setbacks may be reduced by up to 50%, but in no case be less than 30 feet, if the array has a landscape buffer that screens the array from view.
(2) Screening. Large-scale solar energy systems must be screened from existing residential dwellings. A landscape plan showing the type and extent of proposed screening is required as part of the site plan application. The screening must be consistent with the town's buffer landscaping standards used when for land uses requiring screening.
(3) Height. Large-scale solar energy systems cannot exceed a height of 20 feet.
(4) Ground cover and buffer areas. Large-scale ground-mounted solar energy systems must comply with the following standards. The town may require additional site-specific conditions.
(a) The ground under and around solar panels and within the buffer areas must be planted, established, and maintained in perennial vegetated ground cover.
(b) To the maximum extent feasible for the site conditions, the ground cover should be a diverse seed mix of native species specific to the local area. The applicant should seek guidance from a landscape architect, the Soil and Water Conservation District Office, or the Indiana Native Plant Society.
(c) The owner/operator must maintain the ground cover removing invasive or noxious plant species identified by the Indiana Invasive Species Council without harming perennial vegetation.
(d) Solar energy systems proposing to install, establish, and maintain pollinator-friendly vegetative cover must demonstrate the quality of their habitat by using guides such as Purdue University 2020 Indiana Solar Site Pollinator Habitat Planning Scorecard, or other third party solar-pollinator scorecards designed for Midwestern ecosystems, soils, and habitat.
(e) Projects certified and maintained as pollinator-friendly compliant are exempt from landscaping requirements and post-construction stormwater management controls that may be otherwise required under the town's development regulations, unless required due to written commitments or conditions of approval by the Plan Commission or the BZA.
(5) Foundations. The application for building permits must include a certification by a qualified engineer that the design of the solar panel racking, and support is within accepted professional standards, given local soil and climate conditions.
(6) Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings must be buried underground. Power and communication lines between the project and the point of interconnection with the transmission system may be overhead.
(7) Barbed wire or woven wire fencing are not permitted as perimeter fencing for the site. Wildlife-friendly fencing designs that include clearance at the bottom of the fence are preferred. Alternative fencing can be used if the site is incorporating agrivoltaics.
(B) Large-scale solar projects are subject to the town's stormwater management, erosion, and sediment control provisions and Nonpoint Pollution Discharge Elimination System (NPDES) permit requirements. Solar collectors are not considered impervious surfaces if the project complies with ground cover standards described in this article.
(C) Large-scale solar projects must comply with all applicable local, state and federal regulatory codes, including the State of Indiana Uniform Building Code, as amended, and the National Electric Code, as amended.
(D) Site plan required. Site plan approval is required for large-scale solar projects. The site plan must show the locations of all solar arrays, other structures, property lines, rights-of-way, service roads, floodplains, wetlands, and other protected natural resources, topography, electric equipment, and all other characteristics requested by the town. The site plan should show all zoning districts and overlay districts.
(E) Decommissioning. A decommissioning plan is required to ensure that facilities are properly removed after their useful life.
(1) Decommissioning of the system occurs if the project does not produce power for 12 consecutive months. An owner may petition for an extension of this period upon showing of reasonable circumstances causing the delay in the start of decommissioning.
(2) The decommissioning plan identifies provisions for removing all structures and foundations to a depth of 48 inches, restoring soil and vegetation, and assurances that financial resources will be available to fully decommission the site.
(3) The Plan Commission or Administrator may require the posting of a bond, letter of credit, or other financial surety to ensure proper decommissioning.
(Ord. 2022-17, passed 7-19-2022)