A. Applicability:
1. These standards shall apply to the establishment of any new photovoltaic or solar thermal SEF within the city. Concentrated solar power systems shall be prohibited.
2. An SEF established prior to the effective date of this zoning code shall not be required to meet the requirements of this zoning code, however:
a. Physical modification or alteration to an existing SEF that materially alters the size, type or components of the SEF shall be subject to this zoning code. Only the modification or alteration is subject to this zoning code;
b. Substantial conformance review determinations shall not be considered major amendments to a project’s existing permits; and
c. Routine operation and maintenance or like-kind replacements shall not require a zoning permit.
B. Applications And Permits Required:
1. A Land Use Permit is required as specified in 10-6-15.
C. Tier Descriptions: Solar energy facilities shall be divided into three (3) tiers that describe the intensity and impact of the use on the property and adjacent properties.
1. Tier 1. Accessory solar energy facilities shall meet the following criteria:
a. It is an accessory use on the site that provides energy primarily for on-site use; and
b. It can be building-mounted or ground-mounted, including rooftop systems, building-integrated solar (e.g., shingle, hanging solar, canopy, new technology), or covered permanent parking or other hardscape areas.
2. Tier 2. Intermediate solar energy facilities shall meet the following criteria:
a. It is the primary use on the site or a secondary use that exceeds the size criteria for a Tier 1 SEF;
b. It provides energy for on-site or off-site use; and
c. It can be building-mounted or ground-mounted and may include rooftop systems, building-integrated solar, and covered permanent parking or other hardscape areas.
3. Tier 3. Large-scale solar energy facilities shall be characterized as large-scale, primary or secondary SEFs that provide energy for on-site or off-site use.
D. Standards For Ground-Mounted SEFs:
1. Size: The maximum footprint for a ground-mounted SEF shall be as follows:
a. Tier 1:
(1) Residential and mixed-use districts: Two thousand (2,000) square feet or twenty-five (25) percent of the lot size, whichever is less.
(2) Agricultural, commercial, and public districts: Four thousand (4,000) square feet or twenty- five (25) percent of the lot size, whichever is less.
b. Tier 2.
(1) Industrial Zone: Up to ten (10) acres.
c. Tier 3. Maximum size determined through special review process.
2. Height: The maximum height for a ground-mounted SEF shall be as follows:
a. Residential districts: Ten (10) feet.
b. All other districts: Twenty (20) feet.
3. Setbacks: Ground-mounted SEFs shall comply with the following setback standards:
a. All SEFs shall meet the setback requirements of the individual zoning district where they are located.
b. Tier 2 SEFs in commercial and industrial districts shall provide a 100-foot minimum setback between the edge of the SEF installation boundary and any residential district.
4. Tier 1 and Tier 2 SEFs shall not be located between the front building line and the street.
E. Standards For Building-Mounted SEFs:
1. Height:
a. Tier 1 SEFs shall be subject to the maximum height for the associated zoning district or a maximum of five (5) feet above the height of the roofline, whichever is less. Additional height may be requested through the special review process.
b. Tier 2 SEFS shall be subject to the maximum height for the associated zoning district or a maximum of ten (10) feet above the height of the building, whichever is greater. Additional height may be requested through the special review process.
F. Permit Required:
1. The following permit requirements are applicable to SEF systems. Complete permit submission requirements and processes are provided in Chapter 6.
2. Submission Requirements for Tier 2 and Tier 3 SEFs: Tier 2 zoning Land Use Permit and Tier 3 special review SEF applications shall include the following information:
a. A landscape plan showing all areas occupied by the facility, which are not utilized for access to operate and maintain the installation, planted, and maintained with a naturalized grass or other vegetation for the purpose of soil stabilization or other methods approved by the Building Official.
b. A storm water management plan showing existing and proposed grading and drainage demonstrating no net increase in runoff.
c. A maintenance plan for the continuing maintenance of the SEF, which may include, but not be limited to, planned maintenance of vegetation or ground cover, equipment maintenance, and plans for cleaning of solar panels if required.
d. A decommissioning plan with the information required in subsection H of this section.
3. Following approval, all permit holders shall be required to submit an annual compliance statement that confirms that the system is still active and compliant with the permit and that provides current owner and emergency contact information. This requirement shall not preclude the city from undertaking a separate compliance report, where confirmation of data provided by the facility’s operator is desired.
G. Generally Applicable Standards:
1. Off-site facilities: When the SEF is located on more than one parcel, there shall be a proper easement agreement or other approved methods for the notification of all impacted parties.
2. Septic system avoidance: The SEF shall not be located over a septic system, leach field area or identified reserve area unless approved by the department of environmental quality;
3. Conformance to development standards for underlying zone. The SEF shall be ground mounted, or when located on structures, the SEF shall conform to the development standards for a principal structure in the zone in which such facilities and structures are to be located, except as otherwise provided herein.
4. Lighting: If lighting is required, it shall be activated by motion sensors, and be a fully shielded and downcast type where the light does not spill onto the adjacent parcel or the night sky.
5. The site shall comply with article III Landscaping in Chapter 4 of this Title.
6. The facility shall be enclosed by a six-foot tall fence (eight (8) feet if razor or barbed wire is to be used), barrier, or other appropriate means designed to prevent or restrict unauthorized persons or vehicles from entering the parcel(s). Fences or barriers shall incorporate wildlife friendly design. No barrier shall be required where projects employ full-time security guards or video surveillance.
7. Signs: Permanent or temporary commercial signs (including flags, streamers, or decorative items), shall be prohibited from being displayed on any SEF equipment. As appropriate and for emergency and safety purposes, SEF equipment shall display identification of the manufacturer, facility owner and/or operator, and an emergency contact number.
H. Abandonment:
1. Applicability:
a. An SEF, other than a Tier 1 system, that ceases to produce electricity on a continuous basis for twelve (12) months shall be considered abandoned, unless the property owner or facility operator demonstrates by substantial evidence satisfactory to the city that there is no intent to abandon the facility.
b. A property owner or facility operator with an abandoned system shall follow the decommissioning plan to remove the system. If the system was approved without a decommissioning plan, the property owner or facility operator shall remove all equipment and facilities and restore the site to original condition upon abandonment.
c. Facilities deemed by the city to be unsafe and facilities erected in violation of this section shall also be subject to this section.
2. Determination Of Abandonment:
a. Based on the information provided in an annual compliance statement or verified zoning complaint, the Building Official shall have the right to request documentation, and/or affidavits from the property owner, regarding the system’s usage and shall make a determination as to the date of abandonment or the date on which other violation(s) occurred. The Building Official shall submit the documentation and Building Official’s findings to the city council, property owner, and facility operator and schedule a public hearing for a determination of abandonment.
b. Upon a determination of abandonment or other violation(s), the city shall send a notice to the property owner and facility operator, indicating that the responsible party shall remove the SEF and all associated facilities, and remediate the site to its approximate original condition within a reasonable timeframe established by the city, unless the city determines that the facilities must be removed in a shorter period to protect public safety. Alternatively, if the violation(s) can be addressed by means short of removing the SEF and restoration of the site, the city may advise the property owner and facility operator of such alternative means of resolving the violation(s).
c. If the property owner or facility operator does not comply, the city may remove the SEF and restore the site and may thereafter:
(1) Draw funds from the bond, security, or financial assurance that was established during permitting, and
d. Initiate judicial proceedings or take other steps authorized by law against the responsible parties to recover only those costs associated with the removal of structures deemed a public hazard.
I. Decommissioning:
1. A decommissioning plan, compliant with MCA 75-26-301 where applicable, shall be prepared for Tier 2 and Tier 3 applications and submitted with Land Use Permit or special review application. The plan shall address the following:
a. Defined conditions upon which decommissioning will be initiated (e.g., end of land lease, no power production for twelve (12) months, etc.).
b. Removal of all non-utility owned equipment, conduit, structures, fencing, roads, and foundations, and restoration of property to condition prior to development of the SEF. This shall include a revegetation plan. The applicant may propose retaining some site improvements, such as roads and infrastructure, subject to landowner consent and city approval.
c. Timeframe for completion of decommissioning activities, not to exceed one year.
d. Description and copy of any lease or any other agreement with landowner regarding decommissioning.
e. Name and address of person or party responsible for decommissioning.
f. Plans and schedule for updating this decommissioning plan.
g. A professional engineer’s estimated cost of decommissioning, the financial resources to be used to accomplish decommissioning, and the escrow agent with which the resources shall be deposited.
h. An agreement between the applicant and the city whereby:
(1) The financial resources for decommissioning shall be in the form of a surety bond or letter of credit and shall be deposited in an escrow account with an escrow agent acceptable to the city.
(2) The city shall have access to the escrow account funds for the expressed purpose of completing decommissioning if decommissioning is not completed by the applicant within one year of the end of project life, inoperability of individual WECS turbine, or facility abandonment. Escrow funds may be used for administrative fees and costs associated with decommissioning.
(3) The city is granted the right of entry onto the site, pursuant to reasonable notice, to effect or complete decommissioning.
(4) The city is granted the right to seek injunctive relief to effect or complete decommissioning; to seek reimbursement from applicant, operator, or their successor(s) for decommissioning costs in excess of the amount deposited in escrow; and to file a lien against any real estate owned by applicant, operator, or their successor(s), or in which they have an interest, for the amount of the excess, and to take all steps allowed by law to enforce the lien.
(5) Before final electrical inspection, provide evidence that the decommissioning plan was recorded with the Belgrade city clerk. (Ord. 2023-7, 7-17-2023)