§ 154.240 SOLAR FARM IN R40 DISTRICT.
   (A)   Purpose. This section is intended to provide the opportunity for solar energy to serve as a viable form of energy generation while protecting public health, safety and general welfare. These regulations are particularly intended to ensure the compatibility of these facilities with the low intensity residential character of the R40 Residential Zoning District.
   (B)   General requirements. A solar farm located in a R40 district shall be subject to the following requirements:
      (1)   All structures, parking, storage, solar collectors, inverters, transformers and any other accessory or related equipment associated with solar farms shall observe a minimum of a 50 foot wide setback, as measured from lot, parcel or lease boundary lines. The setback shall not be used for any other use except for pedestrian or vehicular access to the property or adjoining property and screening as required below.
      (2)   The landscaping requirements in § 154.086 of this chapter are replaced by the screening requirements in division (3) below.
      (3)   The buffer and screen requirements in § 154.082 of this chapter are replaced by the screening requirements in division (4) below.
      (4)   The setback as described in division (1) above shall serve as the required area to screen the solar farm. The screening shall consist of and be regulated as:
         (a)   A row of evergreen shrubs placed not more than five feet apart on center which will grow to form a continuous opaque hedge a minimum of six feet in height above finished grade within two years from planting. A berm with an minimum height of three feet above finished grade, as measured from the exterior side of the berm, may be utilized to assist in achieving the minimum planting height of six feet;
         (b)   A staggered row of evergreen trees, which are not less than six feet in height at the time of planting and are spaced not more than 15 feet apart which at maturity will form an intermittent visual barrier from above the opaque hedge to a minimum height of 20 feet; and
         (c)   Lawn and or low-growing evergreen shrubs, evergreen ground cover or mulch covering the balance of the screening yard.
         (d)   All plant materials shall be selected which are appropriate to soil and site conditions. It is recommended that species be selected which are resistant to heat, draught, insects and diseases and which require little maintenance. Selected plant materials shall meet the requirements and be installed according to ANLA (American Nursery and Landscape Association) standards.
         (e)   The required screen shall be located on the outer perimeter of a lot or parcel, extending along the lot, parcel or lease boundary lines and shall not be located on any portion of an existing or dedicated public or private street or other existing or dedicated public rights-of-way. No landscaping shall be permitted which interferes with the sight distance required at any roadway or driveway intersection.
         (f)   In lieu of this screen an applicant may propose a 50 foot wide buffer consisting of existing mature vegetation. The applicant shall provide documentation that the existing vegetation proposed to serve as an alternative buffer provides a degree of opacity, compatibility, and protection to adjoining properties that is equal to or greater than the requirements set forth above. Additional evergreen plantings shall be incorporated into this alternative buffer as necessary to achieve this intent. The required site plan shall indicate any areas proposed for an alternative buffer.
      (5)   Electric solar energy components shall have a UL listing and be designed with anti-reflective coating(s).
      (6)   Solar collection devices shall be designed and located to avoid glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard to aircraft.
      (7)   Solar devices within a solar farm must be enclosed by a fence at least six feet in height and must have clearly visible warning signage concerning voltage.
      (8)   An emergency shut-off mechanism is required and notice of its location shall be submitted to Randolph County Emergency Management and the Town of Liberty. The mechanism shall be clearly identified and unobstructed and shall be noted clearly on the site plan.
      (9)   No business signs, billboards, or other advertising shall be installed on the property, any fence or a solar device.
      (10)   The property owner shall have six months to complete decommissioning of the solar facility if no electricity is generated for a continuous period of 12 months. A project is properly decommissioned when all structures and equipment are removed and the site is re-vegetated. Applicant must submit decommissioning plans that describe the anticipated life of the solar project, the party responsible for decommissioning, the estimated decommissioning costs in current dollars, and the method for ensuring that funds will be available for decommissioning and restoration.
      (11)   The applicant shall be required to provide written documentation stating that the facility is in compliance with all applicable Federal and state regulations.
      (12)   No burning shall be utilized in the clearing or development of the site.
(Ord. passed 7-6-2015; Am. Ord. passed - - )