(A) General. Before a building permit may be submitted for an SEF, a solar energy facility development permit must first be approved by the Planning Board.
(B) Permit application. Throughout the permit process, the applicant shall promptly notify the County Planner of any changes to the information contained in the permit application. Changes that do not materially alter the initial site plan may be administratively accepted. The completed application for a SEF shall consist of an electronic filing or eight paper copies, which contain at least the following.
(1) Summary. A narrative overview of the SEF, including its generating capacity.
(2) Inventory. A tabulation describing the:
(a) Number, specifications, and type of each proposed solar array, including their generating capacity;
(b) Dimensions and respective manufacturers; and
(c) Accessory buildings and accessory equipment.
(3) Vicinity map. Identification of the property on which the proposed SEF will be located. Sketch vicinity map showing relationship between SEF and the surrounding area.
(4) Site plan. A plan which shows all of the following:
(a) Planned location of each solar array;
(b) All property lines within 300 feet of the property lines of the proposed site;
(c) Each array's setback distance from the closest SEF boundary, the setback of improved areas from each property line, and the separation distance between the SEF boundary and each protected building, as identified in § 155.06(A);
(d) Access road and turnout locations;
(e) Substation(s) and accessory equipment, accessory buildings, and structures;
(f) Electrical cabling from the SEF to the substation(s) and from the substation(s) to where the electricity will leave the site, and associated transmission lines;
(g) Location of any underground power lines on the site;
(h) Conservation areas, including natural areas protected by law, such as wetlands that meet the definition in the Clean Water Act; shoreland areas; water bodies; riparian buffers; populations of endangered or threatened species (federal or state), or habitat for such species; flyways; archaeological sites; cemeteries, and burial grounds; important local historic sites; existing healthy, native forests consisting of at least one acre of contiguous area; other significant natural features and scenic view sheds; existing trails or corridors that connect the tract to neighboring areas;
(i) Location and width of any driveways or private roads serving the SEF; and
(j) A landscaping and fencing plan that shows proposed screening and buffering of the improved area, including all arrays, buildings, and other accessory buildings or accessory equipment on the site. This shall include the size, location, spacing, and species of required evergreen bushes as identified in § 155.06(B) and (C).
(5) Miscellaneous. The applicant shall provide the following information to the Planning Board:
(a) Certification that the proposal is for an International Electrical Congress (IEC) solar array that is designed to meet all North Carolina Building Codes;
(b) Certification that the solar arrays pass the Environmental Protection Agency's Toxicity Characteristic Leaching Procedure (TLCP) test;
(c) Signed copies of all original leases and/or easements and agreements for the SEF;
(d) Copies of any required state and federal permits, licenses, and the like. This shall include permits and/or approvals issued by the North Carolina Utilities Commission; and
(e) Other relevant studies, reports, certifications, and approvals as may be reasonably requested by the Planning Board to ensure compliance with this chapter.
(6) Maintenance plan.
(a) Equipment inspections and maintenance. The applicant shall detail inspection and maintenance procedures that will be taken to keep the SEF operating quietly, efficiently, and not polluting land, water, or air;
(b) Fence maintenance. The applicant shall detail inspection and maintenance procedures that will be taken to keep fencing and gates in good condition until the facility is decommissioned;
(c) Landscaping. The applicant shall detail inspection and maintenance procedures that will be taken to keep the required vegetative buffer and planting area maintained, including keeping vegetation healthy, neat, and orderly in appearance, and free of litter and debris. The applicant shall detail maintenance procedures for keeping grasses or other ground cover trimmed or mowed; and
(d) Road maintenance. The applicant shall detail inspection and maintenance procedures that will be taken to keep private roads and driveways serving the SEF graded, free of potholes, and passable in all weather.
(7) Abandonment and decommissioning plan.
(a) Abandonment. An SEF that ceases to produce energy on a continuous basis for 12 months will be considered abandoned unless the current responsible party (or parties) with ownership interest in the SEF provide substantial evidence (updated every six months after 12 months of no energy production) to the County Planner of the intent to maintain and reinstate the operation of that facility. It is the responsibility of the responsible party (or parties) to remove all equipment and facilities and restore the parcel to its condition prior to development of the SEF.
1. Upon determination of abandonment, the County Planner shall notify the party (or parties) responsible they must remove the SEF and restore the site to its condition prior to development of the SEF within 365 days of notice by the County Planner; and
2. If the responsible party (or parties) fails to comply, the County Planner may remove the SEF, sell any removed materials, and restore the site to the condition it was in prior to development of the SEF, using the performance guarantee provided by division (B)(7)(c) below. If necessary, the County Planner may initiate judicial proceedings or take any other steps legally authorized against the responsible parties to recover the costs required to remove the SEF and restore the site to the condition prior to development.
(b) Decommissioning plan. A decommissioning plan signed by the party responsible for decommissioning and the property owner addressing the following shall be submitted with the permit application:
1. Anticipated life of the SEF;
2. Defined conditions upon which decommissioning will be initiated (for example, end of land lease, no power production for 12 months, and the like);
3. Removal of all non-utility owned equipment, conduit, structures, fencing, solar panels, roads, and foundations;
4. Restoration of the property to the condition prior to development of the SEF;
5. Time frame for completion of decommissioning activities, not to exceed one year;
6. Description and copy of any lease or other agreement with the property owner regarding decommissioning;
7. Name and address of the person or party responsible for decommissioning;
8. Plans and schedule for updating the decommissioning plan;
9. A verifiable means of determining if the decommissioning plan needs to be activated due to cessation of use for 365 days, such as a letter from the electric utility stating that it will notify the Planning Department within ten business days if electricity is not received from an array within the SEF for 365 days;
10. Before the final solar energy facility development permit is issued, provide evidence that the decommissioning plan was recorded with the Register of Deeds to the County Planner or his/her designee; and
11. Estimated decommissioning costs including contingency costs of at least 25% (in current dollars), as provided by an appropriately experienced, state licensed engineer, under seal.
(c) Performance guarantee.
1. Prior to the issuance of a solar energy facility development permit, the applicant must provide the county with a form of surety equal to 125% of the entire cost of decommissioning under the plan, as estimated by a state licensed engineer under seal, approved by the County Manager and County Attorney, either through cash, a surety performance bond, irrevocable letter of credit, or other instrument readily convertible into cash at face value, either with the county or in escrow with a financial institution designated as an official depository of the county. Surety performance bonds must renew automatically, include a minimum 90-day notice to the county prior to cancellation, and be from a company on the U.S. Department of Treasury's listing of certified companies. Irrevocable letters of credit must be for the entire estimated life of the SEF.
2. This surety shall be retained by the county to cover the cost of the decommissioning requirements herein. Following initial submittal of the surety, the cost calculation for decommissioning shall be reviewed every five years, and adjusted accordingly based upon an updated estimate of a state licensed engineer under seal, of the estimated decommissioning costs. Failure to comply with any requirement of this section shall result in the immediate termination and revocation of all prior approvals and permits; further, the county shall be entitled to make immediate demand upon, and/or retain any proceeds of, the surety, which shall be used for decommissioning and/or removal of the solar energy facility, even if still operational.
(Ord. passed 11-5-2018)