(A) Commercial solar energy system (CSES).
(1) The CSES layout, design, installation, and ongoing maintenance shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society of Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar rating and Certification Corporation (SRCC), International Building Code (IBC), Federal Aviation Administration (FAA), and National Electric Code (NEC), including all other applicable local and state standards. The manufacturer’s specifications for the key components of the system shall be submitted as part of the application.
(2) Upon completion of installation, the CSES shall be maintained in good working order. Failure of the owner and/or operator to maintain the CSES in good working order is grounds for appropriate enforcement actions.
(3) When possible, all on-site utility, transmission lines, and conductors should be underground. If not underground, conduit for conductors is to be used with approved hangers. Conduit will be suspended from the solar array.
(4) The owner of a CSES shall provide in writing confirmation that the utility company to which the CSES will be connected has been informed of the customer’s intent to install a cogeneration system and approved such connection.
(5) No portion of the CSES shall contain or be used to display advertisement. The manufacture’s name and equipment information or indication of ownership shall be allowed on any equipment of the CSES, provided they comply with the prevailing sign regulations for that zoning district.
(6) Glare from a CSES is prohibited from being directed towards vehicular traffic and any habitable portion of an adjacent inhabited structure. The applicant has the burden of proving that there is no glare produced on inhabited structures or in the roadway. All glare concerns shall be documented, and mitigation will be determined by the County Commissioners and consulted with the CSES owner.
(7) A noise potential study shall be performed and included in the application. Noise from a CSES shall be no greater than 60 decibels measured from nearest property line.
(8) CSES are a minimum of five acres.
(9) The CSES owner and/or operator shall maintain a phone number and identify a person responsible for the public to contact with inquiries and complaints throughout the life of the project and provide this number and name to the Planning Department for their file. The CSES owner and/or operator shall make reasonable efforts to respond to the public’s inquires and complaints.
(10) An economic development agreement, a drainage agreement, and maintenance agreement must be approved by the County Commissioners. The agreements shall be developed in conjunction with the County Economic Development, Surveyor and Highway Department offices and copies provided to the Planning Department. These agreements must be signed before any building permit is issued. The drainage agreement must prescribe or reference provisions to address crop and field tile damages for the life of the project for participating properties.
(11) Decommissioning. In order to facilitate and ensure appropriate removal of the energy generation equipment of a CSES a decommissioning agreement must be approved and signed by the County Commissioners before a building permit is issued. This agreement must include a description of implementing the decommissioning, a description of the work required, a cost estimate for decommissioning, a schedule for contributions to the decommissioning fund, and a demonstration of financial assurance. Salvage value can be considered in determining decommissioning cost. In the event of a fire, flood, tornado or other unforeseen events that results in the absence of electrical generation for 12 months, the applicant must demonstrate that the project will be substantially operational producing electricity within 12 months of the event after such time it will be considered abandoned and need to follow decommissioning as such.
(a) Applicant will provide financial assurance in an amount at least equal to said demolition and removal contractor cost estimate, through the use of a bond, letter of credit or other security acceptable to the county, for the cost of decommissioning CSES and related improvements constructed under the permit. Said security will be released when CSES is properly decommissioned as determined by Cass County Commissioners. Review of estimated cost shall be done every five years and the financial assurance reflect the changes.
(b) The CSES owner is required to notify the Planning Department immediately upon cessation or abandonment of the operation. The CSES shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.
(c) The CSES owner shall have 90 days to start decommissioning and 180 days to totally dismantle and remove the CSES including all solar related equipment or appurtenances related thereto, including but not limited to buildings, electrical components, roads, foundations, and other associated facilities from the property. If the owner fails to dismantle and/or remove the CSES within the established timeframes, the municipality may complete the decommissioning at the owner’s expense.
(d) If a ground mounted CSES is removed, any earth disturbance resulting from the removal must be graded and reseeded shall be discussed with property owner.
(12) By submitting a permit, applicants acknowledge that approval of such permit shall not give the property owner or their successor the right to remain free of shadows and/or obstructions to solar energy caused by development of other properties or the development or growth of any vegetation on such properties.
(13) Any CSES ground mounted equipment, excluding any security fencing, poles, roads and wires necessary to connect to facilities if the electric utility (“equipment”), must be 50 feet from property lines of any non-participating property and edge of road or road right-of-way unless a fully executed and recorded written waiver agreement is secured from the affected land owner. Additionally, CSES Equipment shall have a minimum setback of 150 feet away from property lines of land that has residential unit(s).
(14) All ground-mounted CSES shall be completely enclosed by a six-foot high fence. In areas abutting residential properties, two times a classification V buffer shall be provided.
(15) A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence on the surrounding the CSES informing individuals of potential voltage hazards.
(16) Although lighting is not required, any lighting used at a CSES shall be fullcutoff and directed down. Lighting shall only be used when necessary for safety and operational purposes.
(17) The project owner shall plant, establish, and maintain for the life of the project vegetated ground cover on the ground around and under the solar panels where possible. The use of pollinator seed mixes in the plantings of ground cover is encouraged. A vegetation plan must be submitted that is compatible for that specific project. Such plan shall use native and naturalized species for the appropriate region. No plants listed on the Indiana Invasive Species list shall be included. It is the responsibility of the project owner to make sure noxious vegetation is controlled.
(18) Solar panels shall not exceed 22 feet, six inches in height. The height is determined from the ground to the top of the panel at any angle.
(B) Solar energy system – accessory (ASES).
(1) The ASES layout, design, installation, and ongoing maintenance shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society of Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar rating and Certification Corporation (SRCC), International Building Code (IBC), Federal Aviation Administration (FAA), and National Electric Code (NEC) including all other applicable local and state standards.
(2) Upon completion of installation, the ASES shall be maintained in good working order. Failure of the property owner to maintain the ASES in good working order is grounds for appropriate enforcement actions.
(3) When possible, all on-site utility, transmission lines, and conductors should be underground. If not underground, conduit for conductors is to be used with approved hangers. Conduit will be suspended from the solar array.
(4) The owner of an ASES shall provide written confirmation that the utility company to which the ASES will be connected has been informed of the customer’s intent to install a net metering system and approved of such connection. Off-grid systems shall be exempt from this requirement.
(5) The display of advertisement is prohibited except for reasonable identification of the manufacturer of the system.
(6) All ASES shall be placed such that glare does not project onto nearby structures or roadways causing safety and health concerns.
(7) By submitting a permit, applicants acknowledge that approval of such permit shall not give the property owner or their successor the right to remain free of shadows and/or obstructions to solar energy caused by development of other properties or the development or growth of any vegetation on such properties.
(8) Decommissioning must start in 90 day and be totally removed within 180 days for each ASES and all solar related equipment if no electricity has been generated by such solar collection within 12 months. At such time the use will be considered discontinued or abandoned by system owner and/or operator. Decommission maybe also be determined for systems that are not maintained in a good working order. If a ground mounted ASES is removed, any earth disturbance resulting from the removal must be graded and reseeded.
(9) Roof-mounted and wall-mounted accessory solar energy systems:
(a) A roof-mounted or wall-mounted ASES may be located on a principal or accessory structure.
(b) For roof- and wall-mounted systems, the applicant shall provide evidence that the roof and/or wall is capable of holding the load based off of the International Building Code.
(10) Ground-mounted accessory solar energy system:
(a) The minimum yard setbacks from side and rear property lines shall be 20 feet and a 50-foot setback from the front property line or edge of road improvement.
(b) Freestanding ground mounted ASES shall not exceed the maximum accessory structure height 20 feet.
(c) The foundation and mechanical components of a ground mounted ASES shall be considered in lot coverage calculations.
(Ord. 2019-11, passed 9-3-2019; Ord. 2021-04, passed 7-19-2021)