CHAPTER 156: UTILITY-SCALE SOLAR FACILITIES
Section
   156.01   Purpose
   156.02   Definitions
   156.03   Scope
   156.04   Application
   156.05   Siting requirements
   156.06   Setback requirements
   156.07   Decommissioning requirements and surety
   156.08   Enforcement
§ 156.01 PURPOSE.
   The requirements set forth in this chapter shall govern the setback and decommissioning of all solar merchant electric facilities located solely or partly in Clark County, Kentucky, in a manner that will promote the safety, health, and welfare of the community; prevent utility-scale solar development in the Agricultural Zone; and preserve farmland, protect historic resources, and ensure that such facilities are developed in a manner compatible with neighboring properties. Pursuant to KRS 278.718 (as amended effective June 28, 2023), this chapter shall have primacy over the provisions and requirements of KRS 278.700, 278.704, 278.706, and 278.708, and any conflict between this chapter and those statutes shall be resolved in favor of this chapter. This chapter is not subject to modification or waiver by the county through a request for deviation by the applicant or otherwise.
(Ord. 2023-04, passed 6-22-2023)
§ 156.02 DEFINITIONS.
   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   SOLAR MERCHANT ELECTRIC GENERATING FACILITY or FACILITY. A photovoltaic electricity generating facility or facilities that, together with all associated structures and facilities:
      (1)   Are capable of operating at an aggregate capacity of ten megawatts (10 MW) or more; and
      (2)   Sell the electricity they produce in the wholesale market, at rates and charges not regulated by the Public Service Commission;
   APPLICANT. A person or entity who submits an application to the Clark County Planning Commission for a permit to install a “facility” under this chapter.
(Ord. 2023-04, passed 6-22-2023)
§ 156.03 SCOPE.
   The requirements set forth in this chapter shall govern the setback and decommissioning of solar merchant electric facilities located solely or partly in Clark County, Kentucky.
(Ord. 2023-04, passed 6-22-2023)
§ 156.04 APPLICATION.
   Prior to beginning the construction of a facility, the applicant shall submit the following to the Planning Commission Office:
   (A)   An application in the form attached to Ord. 2023-04 as Appendix 1;
   (B)   An application fee in the amount of $50,000;
   (C)   All documents (including but not limited to facility plans and specifications) requested by Planning Commission Staff in order to demonstrate compliance with the setback provisions contained in § 156.06;
   (D)   A decommissioning plan to be reviewed and approved by the Planning Commission and the county for compliance with § 156.07. The decommissioning plan shall be reviewed and updated every three years by a certified independent solar facility engineer to be selected by the county, with the cost to be paid in full by the owner/operator of the facility; and
   (E)   The applicant shall post the bond or letter of credit as determined by the county required by § 156.07.
(Ord. 2023-04, passed 6-22-2023)
§ 156.05 SITING REQUIREMENTS.
   Facilities shall not be constructed and sited, whether entirely or partially, in the Agricultural Zone in Clark County, Kentucky, and facilities shall comply with the setback requirements in § 156.06.
(Ord. 2023-04, passed 6-22-2023)
Loading...