The city encourages the development of commercial- or utility-scale solar energy systems where such systems present few land use conflicts with current and future development patterns. Community- and large-scale systems are either conditional or permitted with site plan review, and are excluded elsewhere.
(A) Principal use general standards.
(1) Site design.
(a) Setbacks. Community- and large-scale solar arrays must meet the following setbacks:
1. Property line setback from a non-participating landowner's property line must meet the established setback for buildings or structures in the district in which the system is located, except as otherwise determined in division (A)(1)(a)6. below.
2. Property line setbacks between separate parcels, both of which are participating in the project, may be waived upon agreement of the landowner(s).
3. Roadway setback of 50 feet from the right-of-way of state highways and County and State Aid Highways (CSAHs), and 40 feet for other roads, except as otherwise determined in (A)(1)(a)6. below.
4. Housing unit setback of 150 feet from any existing dwelling unit of a non-participating landowner, except as otherwise determined in (A)(1)(a)6. below. Participating landowner housing must meet building setbacks or required yards for the district in which the project is located.
5. Setback distance should be measured from the edge of the solar energy system array, excluding security fencing, screening or berm.
6. All setbacks can be reduced by 50%, except that unwaived setbacks cannot be less than 30 feet, if the array has a landscape buffer that screens the array at the setback point of measurement.
(b) Screening. Community- and large-scale solar energy systems shall be screened from existing residential dwellings.
1. A landscape plan shall be submitted that identifies the type and extent of proposed buffer and screening. Vegetation or another type of buffer can be proposed.
2. Screening shall be consistent with the city's screening ordinance or standards typically applied for other land uses requiring screening.
3. Screening shall not be required along highways or roadways, except as provided in division (A)(1)(b)4. below, or along property lines within the same zoning district, except where the adjoining lot has an existing residential use.
4. The city may require screening where it determines there is a clear community interest in maintaining a viewshed.
(c) Height. Large- and community-scale solar energy systems shall not exceed 20 feet.
(d) Ground cover and buffer areas (alternative A). Community- or large-scale ground-mounted solar energy systems are required to adhere to the following standards. Additional site-specific conditions may apply as required by the city.
1. Ground around and under solar panels and in project site buffer areas shall be planted, established and maintained for the life of the solar project in perennial vegetated ground cover meeting the definition of pollinator-friendly solar energy in § 155.112 above.
a. All applicants shall submit a completed pollinator-friendly solar scorecard such as the 2020 Indiana Solar Site Pollinator Habitat Planning Scorecard developed by Purdue University, or a similar third-party solar pollinator standard designed for Midwest ecosystems and conditions.
b. When the scorecard results demonstrate the project does not qualify as pollinator friendly, the applicant shall submit a landscaping plan detailing site conditions that prevent the site from being qualified and alternative means of meeting the water quality and habitat goals of the pollinator-friendly standard.
2. The site shall be planted and maintained to be free of invasive or noxious species, as listed by the Indiana Invasive Species Council. No insecticide use is permitted on the site. This provision does not apply to insecticide use in on site buildings, in and around electrical boxes, spot control of noxious weeds, or as otherwise may be deemed necessary to protect public health and safety.
3. Projects maintained as pollinator-friendly compliant are exempt from landscaping requirements and post-construction stormwater management controls (as stated in division (A)(2) of this section) that may be otherwise required under the city's development regulations, unless required due to special conditions by the plan commission or the Board of Zoning Appeals.
(e) Ground cover and buffer areas (alternative B). Community- or large-scale ground-mounted solar energy systems are required to adhere to the following standards. Additional site-specific conditions may apply as required by the city.
1. Ground around and under solar panels and in project site buffer areas shall be planted, established, and maintained for the life of the solar project in perennial vegetated ground cover.
2. To the maximum extent feasible for site conditions, perennial vegetation ground cover shall be based on a diverse seed mix of native species consistent with guidance specific to the local area provided by the Soil and Water Conservation District office or the Indiana Native Plant Society.
3. The owner/operator shall demonstrate site maintenance that is intended to remove invasive or noxious species, as listed by the Indiana Invasive Species Council, without harming perennial vegetation.
4. No insecticide use is permitted on the site. This provision does not apply to insecticide use in on-site buildings, in and around electrical boxes, spot control of noxious weeds, or as otherwise may be deemed necessary to protect public health and safety.
5. Plant material must not have been treated with systemic insecticides, particularly neonicontinoids.
6. Community- or large-scale ground-mounted solar energy systems that propose to install, establish, and maintain pollinator-friendly vegetative cover are to 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.
7. Projects certified and maintained as pollinator-friendly compliant are exempt from landscaping requirements and post-construction stormwater management controls (as stated in division (A)(2) of this section) that may be otherwise required under the city's development regulations, unless required due to special conditions by the plan commission or the Board of Zoning Appeals.
(f) Foundations. A qualified engineer shall certify, prior to application for building permits, that the foundation and design of the solar panel racking and support is within accepted professional standards, given local soil and climate conditions.
(g) Power and communication lines.
1. Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by the city in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the Zoning Administrator.
2. Power and communication lines between the project and the point of interconnection with the transmission system can be overhead.
(h) Fencing. Perimeter fencing for the site shall not include barbed wire or woven wire designs and shall preferably use wildlife-friendly fencing standards that include clearance at the bottom. Alternative fencing can be used if the site is incorporating agrivoltaics.
(2) Stormwater and NPDES. Large- and community-scale solar projects are subject to the city's stormwater management and erosion and sediment control provisions and Nonpoint Pollution Discharge Elimination System (NPDES) permit requirements. Solar collectors shall not be considered impervious surfaces if the project complies with ground cover standards, as described in divisions (A)(1)(d) and (e) of this section.
(3) Other standards and codes. All large- and community-scale solar projects shall be in compliance 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.
(4) Site plan required. The applicant shall submit a detailed site plan for both existing and proposed conditions, showing 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 city. The site plan should show all zoning districts and overlay districts.
(5) Aviation protection. For large- and community-scale solar projects located within 500 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of a glare analysis through a qualitative analysis of potential impact, field test demonstration, or geometric analysis of ocular impact in consultation with the Federal Aviation Administration (FAA) Office of Airports, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.
(6) Agricultural protection. Large- and community-scale solar projects must comply with the city's site assessment standards for identifying agricultural soils. The city may require mitigation for use of prime soils for solar array placement, including the following:
(a) Demonstrating co-location of agricultural uses (agrivoltaics) on the project site.
(b) Using an interim use or time-limited Conditional Use Permit (CUP) that allows the site to be returned to agriculture at the end of life of the solar installation.
(c) Locating the project in a wellhead protection area for the purpose of removing agricultural uses from high-risk recharge areas.
(d) Using pollinator-friendly ground cover, as defined in § 155.112.
(7) Decommissioning. A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life.
(a) Decommissioning of the system must occur in the event 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 that have caused the delay in the start of decommissioning.
(b) The plan shall include provisions for removal of all structures and foundations to a depth of 48 inches, restoration of soil and vegetation and assurances that financial resources will be available to fully decommission the site.
(c) Disposal of structures and/or foundations shall meet the provisions of the city solid waste ordinance.
(d) The city may require the posting of a bond, letter of credit, a parent guarantee, or other financial surety to ensure proper decommissioning.
(e) The value of the decommission bond or letter of credit should consider the salvage value of the solar equipment.
(B) Community-scale solar. The city permits the development of community scale solar, subject to the following standards and requirements:
(1) Rooftop shared solar systems permitted. Rooftop systems are permitted in all districts where buildings are permitted.
(2) Community-scale uses. Ground-mounted community scale solar energy systems must cover no more than ten acres (project boundaries), and are a permitted use in industrial and agricultural districts, and permitted with standards or conditional in all other non-residential districts. Ground-mounted solar developments covering more than ten acres shall be considered large-scale solar.
(3) Dimensional standards. All structures must comply with setback and height standards for the district in which the system is located.
(4) Other standards. Ground-mounted systems must comply with all required standards for structures in the district in which the system is located.
(C) (1) Large-scale solar. Ground-mounted solar energy arrays that are the principal use on the lot are permitted under the following standards:
(2) Conditional use permit. Large- and community-scale solar projects are conditional uses in agricultural districts, industrial districts, shoreland and floodplain overlay districts, airport safety zones subject to division (A)(5) of this section, and in the landfill/brownfield overlay district for sites that have completed remediation.
(Ord. 23-2022, passed 12-19-22)