For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL SOLAR ENERGY SYSTEM or CSE SYSTEM. A system that:
(1) Has a nameplate capacity of at least ten megawatts; and
(2) Captures and converts solar energy into electricity:
(a) For the purpose of selling the electricity at wholesale; and
(b) For use in locations other than where it is generated.
(3) COMMERCIAL SOLAR ENERGY SYSTEM includes solar panels, collection and feeder lines, generation tie lines, substations, ancillary buildings, solar monitoring stations, and accessory equipment or structures.
COMMERCIAL SOLAR REGULATION. Any ordinance or regulation, including:
(1) Zoning or land use ordinance or regulation; or
(2) General or specific planning ordinance or regulation that is adopted by a unit and that concerns the permitting, construction, installation, siting, modification, operation, or decommissioning of CSE systems in the unit.
DWELLING. Any building, structure, or part of a building or structure that is occupied as, or is designed or intended for occupancy as, a residence by one of more families or individuals.
FORCE MAJEURE EVENT. Includes the following:
(1) Fire, flood, tornado, or other natural disasters or acts of God;
(2) War, civil strife, a terrorist attack, or other similar acts of violence;
(3) Other unforseen events or events over which a project owner has no control.
NONPARTICIPATING PROPERTY. A lot or parcel of real property:
(1) That is not owned by a project owner;
(2) With respect to which:
(a) The project owner does not seek: (i) to install or locate one (1) or more CSE systems or other facilities related to a CSE system project (including power lines, temporary or permanent access roads, or other temporary or permanent infrastructure); or (ii) to otherwise enter into a lease or any other agreement with the owner of the property for use of all or part of the property in connection with a CSE system project; or
(b) The owner of the property does not consent: (i) to having one (1) or more CSE systems or other facilities related to a CSE system project (including power lines, temporary or permanent access roads, or other temporary or permanent infrastructure) installed or located; or (ii) to otherwise enter into a lease or any other agreement with the project owner for use of all or part of the property in connection with a CSE system project.
(3) NONPARTICIPATING PROPERTY does not include a lot or parcel of real property otherwise described in division (a) if the owner of the lot or parcel consents to participate in a CSE system project through a neighbor agreement, a participation agreement, or another similar arrangement or agreement with a project owner.
PERMIT AUTHORITY.
(1) Means:
(a) A unit;
(b) The Board of Commissioners; or
(c) A board, a commission, or any other governing body of a unit; that makes legislative or administrative decisions concerning the permitting, construction, installation, siting, modification, operation, or decommissioning of CSE systems in the unit.
(2) PERMIT AUTHORITY does not include:
(a) The state or any of its agencies, departments, boards, commissions, authorities, or instrumentalities; or
(b) A court or other judicial body that reviews decisions or rulings made by a permit authority.
PROJECT OWNER.
(1) A person that:
(a) Will own one or more CSE systems proposed to be located in a unit; or
(b) Owns one or more CSE systems located in a unit.
(2) PROJECT OWNER includes an agent or a representative of a person described herein.
(3) PROJECT OWNER does not include an electricity supplier as defined in I.C. 8-1-2.3-2.
UNIT. Refers to:
(1) The county, if a project owner, as part of a single CSE system project or development, seeks to locate one or more CSE systems (A) entirely within unincorporated areas of the county; or (B) within both unincorporated areas of the county and one or more municipalities within the county;
(2) Each county described herein in which a project owner seeks to locate one or more CSE systems, if the project owner seeks to locate CSE systems in more than one county as part of a single CSE system project or development.
(Ord. 2022-12, passed 7-5-2022)