(A) Setback and separation requirements.
(1) The fence which secures the SEFs improved areas shall be setback at least 100 feet from all property lines and all public rights-of-way. Solar arrays and other equipment shall be setback at least 25 feet from the interior fence line of the SEF. SEFs shall be separated by a minimum distance of 300 feet from all residential, commercial, and institutional buildings, with the exception of accessory buildings such as storage sheds. Such minimum setbacks for a SEF shall be measured from the required fence of the facility.
(2) The property owner of an affected building may, for itself but not on behalf of another protected building, waive all or any portion of the separation requirements set forth herein. The 100 foot setback distance from all property lines and all public rights-of-way would still apply in the event of a waiver. Said waiver shall be in writing and shall be in the form of an easement, with the SEF as the servient estate, and the protected building as the dominant estate. The waiver/easement shall state any conditions or site plan modifications to the regulated use mutually agreed upon by the SEF, the owner of the protected building, and the County Planner, as consideration for the granting of the easement. In no event shall any conditions or site plan modifications decrease the SEFs responsibilities under this chapter. The waiver shall be signed and acknowledged by the record owners of the fee interest of the protected building, and by the owner of the fee interest of the SEF, and, if different, by all of the property owners of the property on which the SEF is located. The waiver shall further be signed by the County Planner, whose signature shall serve as a certification that the requirements of this division have been met.
(3) Following recordation in the County Register of Deeds, the separation requirements of this division between said protected building and the SEF shall be deemed amended to conform to the provisions of the waiver. The easement granted by said waiver shall be appurtenant to and run with the land and shall be binding on the parties, their heirs, successors, and assigns; provided, that the same shall by its express provisions terminate at such time as the SEF ceases to have a valid development permit for the operation of the SEF which is the subject of the waiver.
(B) Fencing. A fence shall be required around the entire perimeter of the SEF to secure its improved areas. The location of the fence shall be determined by the required setbacks and separation requirements outlined in division (A). All solar arrays and other equipment must be located inside the required fence. The fence must be a minimum of six feet in height and shall be constructed of chain link. Angled barbed wire shall run along the top of the fence for the entire perimeter of the fence for security purposes. The gate for ingress and egress to the SEF must be locked for security purposes.
(C) Vegetative buffer.
(1) A vegetative buffer shall be installed in front of the fence within the required setback of the SEF for the entire perimeter of the SEF. The vegetative buffer shall consist of a row of evergreen bushes, planted no more than eight feet apart, which are at least six feet tall at the time of planting, and which will reach at maturity a minimum height of 15 feet within three years of planting. The bushes may be trimmed, but to no lower than a height of 15 feet.
(2) The evergreen bushes must provide full screening from two feet above ground level to the required 15 foot height. The evergreen bushes must grow to a minimum of eight feet in width at the base, or the spacing between bushes must be reduced.
(3) The evergreen bushes should be installed according to established planting techniques, including establishing a well-prepared planting area. The vegetative buffer must be maintained, including keeping vegetation healthy, neat, and orderly in appearance, and free of litter and debris. Species native to Eastern North Carolina are recommended. Where adequate vegetative screening exists on the parcel where the SEF is located, the existing vegetative buffer may be used to satisfy the requirements of this section, with the approval of the Planning Board.
(D) Ground cover. Soil with adequate vegetative cover must be maintained under and around the panels in order to reduce runoff and erosion. Native grasses and wildflowers are encouraged to be used as ground cover for the SEF. Benefits of using native grasses and wildflowers include improved erosion control, pesticide avoidance, stormwater infiltration, wildlife habitat, and reduced overall maintenance. In addition, native flowering plants provide a food source and habitat for wild native bees. Promoting habitat for native bees and other pollinators can have a positive ecological impact on disturbed sites, as well as a positive economic impact on neighboring insect pollinated crops. Once established, these naturalized meadows are more drought tolerant and require little to no fertilization. See the North Carolina Wildlife Resources Commission's publication titled, "Recommendations for Establishing Native Pollinator Habitat on Solar Farms in North Carolina" for more details.
(E) Environmental impacts. SEFs must meet all requirements of the state and the federal government, and provide copies of all required state and federal permits, including, but not limited to:
(1) Stormwater permit from the state Department of Environmental Quality;
(2) Erosion and sedimentation control permit from the state Department of Environmental Quality;
(3) Certificate of public convenience and necessity from the state Utilities Commission; and
(4) Section 404 wetlands permit from U.S. Army Corps of Engineers, where applicable.
(F) Roads. The minimum right-of-way width of private roads and driveways serving the SEF shall be 50 feet. Private roads and driveways shall be constructed to meet all of the North Carolina Department of Transportation's (NC DOT) design standards, except for applying crushed stone for paving. A driveway permit must be obtained from NC DOT, and a copy of said permits shall be provided to the Planning Board. The SEF owner shall be responsible for road maintenance, including keeping roads and driveways serving the SEF graded, free of potholes, and passable in all weather.
(G) Lighting and electrical emissions. The design and construction of SEFs shall not produce light emissions, either direct or indirect (reflective), that would interfere with pilot vision and/or traffic control operations as stated in the most recent Air Installation Compatible Use Zone (AICUZ) report, as well as low level military training routes as then utilized by any branch of the U.S. Department of Defense. The design and construction of SEFs shall not produce electrical emissions that would interfere with aircraft communication systems or navigation equipment as stated in the most recent AICUZ report, as well as low level military training routes as then utilized by any branch of the U.S. Department of Defense.
(H) Power lines. On site power lines between solar panels and inverters shall be placed underground and must meet all requirements of the North Carolina Electrical Code.
(I) Solar panel height. The height of solar panels shall not exceed the height of the required vegetative buffer, as identified in division (C).
(Ord. passed 11-5-2018)