Howard County encourages the development of commercial or utility scale solar energy systems where such systems present few land usage conflicts with current and future development patterns.
(A) Principal use general standard.
(1) Site design.
(a) Setbacks. Community- and large-scale solar arrays must meet the following setbacks:
1. Property line setback from a non-participating landowner's property line must meet the established setback for buildings or structures in the district in which the system is located, except as otherwise directed below.
2. Property line setbacks between separate parcels both of which are participating in the project may be waived upon agreement of the landowner(s).
3. Roadway setback of 50 feet from the ROW of State highways and County and State Aid Highways (CSAHs), and 40 feet for other roads.
4. Structure setback of a minimum of 300 feet from a non-participating landowner's existing permanent structure that exceeds 250 square feet in size, except as otherwise determined below, and a minimum of 100 feet from the property line of any non-participating landowner. Participating landowner housing must meet building setbacks for the district in which the project is located.
5. Setback distance should be measured from the edge of the solar energy system array, excluding security fencing, screening, or berm.
6. An individual landowner within the project may waive by written agreement the setback applicable to the landowner's property; however, setbacks can be reduced by no more than 50%.
(b) Screening. Community- and large-scale solar energy systems shall be screened or buffered from adjacent existing residential dwellings. A buffering plan shall be approved so long as the buffer meets existing county standards.
1. A landscape plan shall be submitted that identifies the type and extent of proposed buffer and screening. Vegetation or another type of buffer can be proposed. Any vegetation screening such as pine trees or similar plantings shall be four feet high at the time of planting and shall be spaced no more than eight feet apart.
2. Screening shall be consistent with Howard County's screening and ordinance or standards typically applied for other and uses requiring screening.
3. Screening shall not be required along highways or roadways, except as provided in division 4. below or along property lines within the same zoning district, except where the adjoining lot has an existing residential use.
4. Howard County may require screening where it determines there is a clear community interest in maintaining a viewshed.
(c) Height. Large- and community-scale and solar energy systems shall not exceed 20 feet. This height restriction does not apply to any building constructed for maintenance or operations purposes. Installation shall not be located so as to interfere with existing satellite television, cell phone and/or internet service.
(d) Ground cover and buffer areas. Community- or large-scale ground-mounted solar energy systems are required to adhere to the following standards. Additional site-specific conditions may apply as required by Howard County.
1. Ground around and under solar panels and in project site buffer areas shall be planted, established, and maintained for the life of the solar project in perennial vegetated ground cover.
2. To the maximum extent feasible for site conditions, perennial vegetation ground cover shall be based on a diverse seed mix of native species consistent with guidance specific to the local area provided by the Soil and Water Conservation District office or the Indiana Native Plant Society.
3. The owner/operator shall demonstrate site maintenance that is intended to remove invasive or noxious species, as listed by the Indiana Invasive Species Council, without harming perennial vegetation.
4. No insecticide use is permitted on the site. This provision does not apply to insecticide or herbicide use on in-site buildings, in and around electrical boxes, spot control of noxious weeds, or as otherwise may be deemed necessary to protect public health and safety.
5. Plant material must not have been treated with systemic insecticides, particularly neonicotinoids.
6. Community- or - large-scale ground-mounted solar energy systems that propose to install, establish, and maintain pollinator-friendly vegetative cover are to demonstrate the quality of the habitat by using guides such as Purdue University 2020 Indiana Solar Site Pollinator Habitat Planning Scorecard, or other third party solar-pollinator scorecards designed for Midwestern eco-systems, soils and habitats.
7. Projects certified and maintained as pollinator-friendly compliant may be exempt from landscaping requirements and post-construction stormwater management controls (as stated in division (2) below), subject to any agreement reached, and subject to any special conditions imposed by the county executive, the Plan Commission or the Board of Zoning Appeals.
8. Foundati ons. A qualified and licensed engineer shall certify prior application for building permits, that the foundation and design of the solar panel racking and support is within accepted and professional standards, given local soil and climate changes.
(e) Power and communication lines. Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by Howard County in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the zoning administration. Power and communication lines between the project and the point of interconnection with the transmission system can be overhead, subject to approval of the county plan director.
(f) Fencing. Except for the perimeter of a substation, perimeter fencing for the site shall not include barbed wire or chain link designs and shall preferably use wildlife-friendly fencing standards that include clearance at the bottom. No wood fencing shall be permitted, although wooden poles may be used with wire fencing. Alternative fencing can be used if the site is incorporating agrivoltaics. All such fencing shall be at a minimum height of seven feet in accordance with federal law.
(g) Lighting. Any lights installed anywhere within the project footprint shall not extend lighting more than 50 feet beyond the boundaries of the footprint.
(h) EPA standards. Prior to installation of any solar panels, shall provide to the county Plan Commission proof that the arsenic and lead levels of the panels to be installed comply with current EPA standards.
(i) Safety training. All applicants are required to provide, at the applicant's expense, within the first 60 days after installation of solar panels, training for local first responders concerning solar panel hazards and corresponding safety measures, and copies of Material Safety Data sheets, installation of solar panels, training for local first responders concerning solar panel hazards and corresponding safety measures, and copies of Material Safety Data Sheets.
(2) Stormwater, NPDES and other codes. Large- and community-scale solar projects are subject to Howard County's stormwater management and erosion and sediment control provisions and Nonpoint Pollution Discharge Elimination System (NPDES) permit requirements. All large- and community-scale solar projects shall comply with all applicable local, state and federal regulatory codes, including the State of Indiana Uniform Building Code, as amended; and the National Electric Code, as amended.
(3) Site plan required. The applicant shall submit a detailed site plan for both existing and proposed conditions, showing general locations of all solar arrays, other structures, property lines, right-of-way, service roads, floodplains, wetlands, and other protected natural resources, topography, electric equipment, and all other characteristics requested by Howard County. The site plan should show all zoning districts and overlay districts.
(4) Aviation protection. For large-and community-scale solar projects located within 500 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of a glare analysis through a qualitative analysis of potential impact, field test demonstration, or geometric analysis of ocular impact in consultation with the Federal Aviation Administration (FAA) Office of Airports, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.
(5) Agricultural protection. Large- and community-scale solar energy projects must comply with Howard County's site assessment standards for identifying agriculture soils. Howard County may require mitigation for use of prime soils for solar array placement, including the following:
(a) Demonstrating co-location of agricultural uses (agrivoltaics) on the project site;
(b) Using an interim use or time-limited Conditional Use Permit (CUP) that allows the site to be returned to agriculture at the end of life of the solar installation;
(c) Locating the project in a wellhead protection area for the purpose of removing agricultural uses from high-risk recharge areas; and
(d) Using pollinator-friendly ground cover, as identified in § 157.03.
(6) Decommissioning. A decommissioning agreement shall be required to ensure that facilities are properly removed after their useful life. The agreement shall include, but is not limited to, the following terms:
(a) Decommissioning and removal. Any ground-mounted solar energy system which has reached the end of its useful life or has been abandoned shall be removed by the owner. The owner or operator shall physically complete removal of the installation no more than 180 days after the date of discontinued operations, or by a time-frame determined by the Plan Director for extenuating circumstances. Decommissioning shall consist of:
1. Physical removal of all solar energy system structures and equipment from the site;
2. Disposal of all solid and hazardous waste in accordance with local, state, and federal disposal regulations; and
3. Stabilization or re-vegetation of the site as necessary to minimize erosion. The Plan Director or the county executive may enter into an agreement to allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation. However, a stormwater permit is required for any disturbance over one acre in area.
(b) Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the ground-mounted solar energy system shall be considered abandoned when it fails to operate for more than one year without the written consent of the Plan Commission Director.
(c) Right to remove. If the owner or operator of the ground-mounted solar energy system fails to remove the installation in accordance with the requirements of this section within 90 days of abandonment or the proposed date of decommissioning, Howard County retains the right, after receipt of an appropriate court order, to enter and remove an abandoned, hazardous, or decommissioned ground-mounted solar energy system. As a condition of issuance of an improvement location permit, the applicant and the landowner agree to allow entry to remove an abandoned, hazardous, or decommissioned installation.
(d) Security fund. Any owner of a ground-mounted solar energy system over 1,000 square feet in panel area shall, on the fifth anniversary of the date of commercial operation of the solar project, establish a cash security fund, bond, irrevocable letter of credit or other means to secure the payment of removing any abandoned solar energy system, including the solar panels and associated equipment and any buildings that have been determined to be abandoned or found to be in non-compliance with this chapter, and to provide Howard County a fund from which to deduct fines and penalties for non-compliance with this chapter or other applicable laws in the lesser of: (a) the amount of 125% of the removal cost, which shall be the cost of demolition and removal of the solar energy system based upon a licensed engineer's estimate of the cost of removal and demolition, less salvage value; or (b) the removal cost plus $150,000. Any reduction in the security fund provided, because of fines, penalties, or removal costs, shall be replenished to the total of the required amount within 30 days after notice from Howard County of the amount deducted and the deficiency created thereby. Within a reasonable period of time, not to exceed three months after the solar energy system is removed, any remaining funds on deposit with Howard County pursuant to this chapter shall be refunded to the appropriate owner who created the security fund.
(e) Inactivity. Decommissioning of the system must occur in the event the project does not produce power for six consecutive months. An owner may petition the county executive for an extension of this period upon showing of reasonable circumstances that have caused the delay in the start of decommissioning.
(f) Removal and restoration. The plan shall include provisions for removal of all structures and foundations to a depth of 48", restoration of soil and vegetation and assurances that financial resources will be available to fully decommission the site. Disposal of structures and/or foundations shall meet the provisions of the Howard County Solid Waste Ordinance. All solar panels are to be disposed of at a site certified for disposal of solar panels.
(g) Bonding. Howard County may require the posting of a bond, letter of credit, parent guarantee, or other financial surety to ensure proper decommissioning.
(h) Review of agreement. The value of the decommission bond or letter of credit should consider the salvage value of the solar equipment. Any decommissioning agreement shall be subject to review every five years to ensure the bonding amount will cover costs of decommissioning, and the bonding requirement shall be adjusted accordingly.
(i) Community-scale solar. Howard County permits the development of community-scale solar, subject to the following standards and requirements.
1. Rooftop shared solar systems permitted. Rooftop systems are permitted in all districts where buildings are permitted.
2. Community-scale uses. Ground-mounted community-scale solar energy systems must cover no more than ten acres (project boundaries), and are a permitted use in industrial and agricultural districts, and permitted with standards or
conditional in all other non-residential districts. Ground-mounted solar developments covering more than ten acres shall be considered large-scale solar.
3. Dimensional standards. All structures must comply with setback and height standards for the district in which the system is located.
4. Other standards. Ground-mounted systems must comply with all required standards for structures in the district in which the system is located.
5. Large-scale solar. Ground-mounted solar energy arrays that are the principal use on the lot are conditional uses in agricultural districts, industrial districts, and floodplain overlay districts.
(Ord. 2021-BCCO-28, passed 11-1-21)