(A) Permitted principal use. The following solar energy systems shall be allowed as a principal use within the village: Rooftop solar gardens.
(B) Conditional principal use. The following solar energy systems shall be allowed as a conditional principal use within the village and shall require a special use permit:
(1) Ground-mounted solar gardens; and
(2) Solar farms.
(C) Requirements. Solar energy systems under this section shall be subject to the following, in addition to all other height, set-back, visibility and other requirements as specified in § 155.242
(B).
(1) Rooftop solar gardens. Rooftop solar gardens shall meet the following requirements:
(a) An interconnection agreement must be completed with the electric utility in whose service territory the system is located; and
(b) Rooftop solar gardens are permitted on all properties within the village zoned for business or manufacturing.
(2) Ground-mounted solar gardens. Ground-mounted solar gardens shall meet the following requirements:
(a) Ground-mounted solar gardens are permitted only after application for and approval of a special use permit, subject to such standards and conditions as provided for in § 155.242
(C)(2);
(b) Must be less than five acres in total size;
(c) Ground-mounted gardens covering more than five acres shall be considered solar farms;
(d) An interconnection agreement must be completed with the electric utility in whose service territory the system is located; and
(f) Ground-mounted solar gardens are permitted on all properties within the village zoned for business or manufacturing
(3) Solar farms. Solar farms shall meet the following requirements:
(a) Solar farms are permitted only on properties within the village zoned for manufacturing;
(b) Solar farms are permitted only after application for and approval of a special use permit, subject to the same standards and conditions as provided for in § 155.242
(C)(2);
(c) A solar farm shall comply in all respects with the village’s stormwater management ordinances;
(d) Top soils shall not be removed during development, unless for remediation. Soils shall be planted and maintained with perennial vegetation to prevent erosion and manage run-off;
(e) A qualified engineer shall certify that the foundation and design of the solar mounting devices are within accepted professional standards with respect to local soil and climate conditions;
(f) An interconnection agreement must be completed with the electric utility in whose service territory the system is located;
(g) Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. This requirement may be excused when it is reasonably demonstrated to the commission on buildings that there are circumstances preventing the burying of said lines due to the natural landscape;
(h) A sign shall be required identifying the owner and/or operator and provide a 24-hour emergency contact phone number. The sign shall comply in all respects with the village’s sign ordinances; and
(i) Prior to the construction of any solar farm within the village that will necessitate the use of village roads, the owner or operator of such solar farm shall enter into a road use agreement or some similar contract with the village. The contract at a minimum shall include provisions relating to the construction, maintenance and decommissioning of the solar farm, with terms agreeable to the village, for the use and repair of village roads during such periods. The special use permit provided for herein may be conditioned upon the execution of a road use agreement with the village.
(D) Additional set-back, screening and lighting requirements. Solar gardens and/or solar farms, as applicable, in addition to the requirements specified in § 155.242
(B), shall be subject to the following additional standards.
(1) Solar farm set-back. Solar farm above-ground improvements must be set back a minimum of 25 feet from all property lines. However, for any such improvements including, but not limited to, fences or solar panels that abut a state highway, the minimum set back distance shall be 150 feet from the centerline of the highway. In addition, solar farm above-ground improvements must be set back a minimum of 50 feet from the centerline of any non-state right-of-way.
(2) Additional visual screening. Ground-mounted mechanical equipment that is visible outside the perimeter of the property on which a solar farm is located must be screened from view of roads and dwelling units located within 500 feet of the solar farm. The screening shall consist of:
(a) A landscaped area at least ten feet in width with at least one shrub per five linear feet, plus at least one evergreen tree per 25 linear feet of perimeter area. At the time of planting, shrubs shall be at least three feet in height and evergreen trees shall be at least five feet in height (or shall comply with the following in division (D)(2)(b) below);
(b) A landscaped area at least ten feet in width with a solid wall or privacy fence with a minimum height of eight feet. At least one evergreen tree is required per 30 feet of the fence or wall; and
(c) In addition, for residences that are adjacent to the solar farm, a landscaped berm of at least five feet in height shall be installed. Such berm shall be landscaped with one evergreen tree per 25 linear feet along the adjacent property line.
(3) Lighting.
(a) A solar garden or solar farm shall not be artificially illuminated, unless required by an applicable government agency or authority or approved by the village as part of a special use permit.
(b) If lighting is required or approved by the village, such lighting shall be limited to that required for safety and operational purposes and shall be reasonably shielded from abutting properties.
(c) Where feasible, lighting of the solar panels shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.
(E) Monitoring and maintenance.
(1) The owner and/or operator of a solar garden or solar farm is responsible for keeping the solar garden or solar farm in a safe, sound and well-maintained condition, including, if applicable, painting, grounds keeping, structural repairs, internal access drives and appropriate security measures.
(2) The owner of the solar garden or solar farm will certify to the village at the start of commercial operations that it is in compliance with this subchapter and that its operation will comply with all federal, state and local regulations in effect at that time.
(F) Abandonment and decommissioning. A solar garden or solar farm that does not produce energy for a continuous period of 12 consecutive months or more and where the owner and/or operator is not pursuing the repair of such solar garden or solar farm will be presumed to be abandoned.
(1) Any solar garden or solar farm that is considered abandoned shall be decommissioned within 180 days.
(2) Decommissioning, at a minimum, shall consist of:
(a) Physical removal of all solar photovoltaic installations, structures, equipment, security barriers, screening and transmission lines from the site to a depth below grade of three feet;
(b) Recycling or disposal of all solid and hazardous waste in accordance with local, state and federal regulations;
(c) Stabilization or re-vegetation of the site, as necessary, to minimize erosion;
(d) Clean-up of any and all environmental contamination contributable to or arising out of the owner and/or operator’s use of the solar garden or solar farm, necessary to return the property on which the solar garden or solar farm was constructed to the condition it was in prior to such use; and
(e) All other requirements provided for in the solar garden or solar farm’s decommissioning plan.
(3) If decommissioning is not completed within the time period required under this section, the village may, but is not required to, cause the solar garden or solar farm to be deconstructed. Upon the occurrence of such event, the owner and/or operator of the solar garden or solar farm shall reimburse the village for all costs it may have incurred in connection with the decommissioning of the site.
(Ord. 2018-14, passed 8-6-2018)