§ 8-3.8.75 Solar Energy Generating Facility.
   (A)   Solar energy generation structure shall not exceed a height of 15 feet.
   (B)   All equipment producing noise or sound shall be setback 100 feet from any property line, if located adjacent to any residential dwelling unit. If the facility is on a working farm where the primary residential structure of the farm is on an adjacent lot, then this 100-foot setback will not apply to this primary residential structure.
   (C)   All facilities located in the GI Zoning District shall meet the setbacks of the underlying zoning district.
   (D)   All storage must be located indoors. No outdoor storage shall be allowed.
   (E)   The facility shall be enclosed with a security fence with a minimum height of eight feet.
   (F)   A Type D buffer shall be required. The buffer shall be located adjacent to the property line and between the property line and the fence.
   (G)   No lighting shall be directed onto adjacent property. Flood lights or other high-intensity lighting shall be prohibited.
   (H)   The solar facility 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.
   (I)   A site plan, drawn and stamped by a North Carolina-licensed surveyor or engineer, shall be submitted, showing the following:
      (1)   The location and dimensions of all proposed areas for the placement of solar panels, screening/fencing and related improvements;
      (2)   Any preexisting structures on the same lot; and principal structures on other properties that would affect the placement of solar panels;
      (3)   Parking and access areas;
      (4)   Location of any proposed solar access easements.
      (5)   Location where wiring is brought together for interconnection to system components and/or the local utility power grid and the location of the disconnect switch;
      (6)   Any proposed new structures; and
      (7)   Any other relevant elements as requested by staff.
   (J)   It shall be the responsibility of the owner to remove all obsolete or unused systems within 12 months of cessation of operations. A decommissioning plan shall be submitted with the permit application. It shall be signed by the party responsible for decommission and the landowner (if different), addressing the following:
      (1)   Defined conditions upon which decommission will be initiated (i.e., end of land lease, no power production for 12 months, and the like);
      (2)   Removal of all non-utility-owned equipment, conduit, structures, fencing, roads and foundations;
      (3)   Restoration of property to conditions prior to the development of the facility;
      (4)   The time frame for completion of decommission activities;
      (5)   Description of any agreement (i.e., lease) with landowner regarding decommissions;
      (6)   The party responsible for decommissioning;
      (7)   Plans for updating the decommissioning plan;
      (8)   Before final electrical inspection, the applicant shall provide evidence that the decommissioning plan was recorded with the Register of Deeds.
   (K)   The Planning Director shall be provided copies of any lease agreement, solar access easement, and a plan for removal of the system/equipment. All other applicable local and state approvals shall be submitted as part of the special use permit or zoning permit.
   (L)   The owner or future owner of the property on which a solar energy generating facility is installed assumes all risk associated with diminished performance of the system caused by any present or future adjacent structure or landscaping that may interfere with the system's ability to produce power at its rated capacity, regardless of when that adjacent structure or landscaping is constructed or installed.
   (M)   Facilities are exempt from parking requirements if there is not a building component.
   (N)   No more than 75% of a solar generating facility tract of property may be covered with panels.
   (O)   Facilities shall be maintained and in good working condition and be free from debris and nuisances.
   (P)   Any other conditions found necessary by staff or the Board of Adjustment to meet the standards of this article.
(Adopted 8-5-2014)